Omaha daily bee., 1911-08-20

than reasonable compensation for the
services 50 rendered by sgch attorney.
l. And where in such case "a appears
that such contest was compromised for
81 500. and that the attorney received In
contamination OF such agreement a mort
gage aggrogatng in principal and interest
terms Of the settlement of such contest 1t
was egretd that said mortgage WIS 20 be
the property OF the minor and that the
attorney was to receive the proceeds OF
Faid note for S2S5 as full compensation for
his services and that said note upon its
maturity was paid to said attorney. his
attorney for said minor, and he does not,
by such posses sions. become vested with any
suit for the foreclosure OF such mortgage
1875. Russell against Haines. Appeal,
Lancaster. Affirmed Reese, G. J.
In an action to cancel record OF the
filing OF a mechanics lien for the con-
struction OF a building upon real estate,
II was alleged that the iicnor had been
fully paid, and there was nothing due. and
the lien cast n cloud on plaintiffs title.
In the answer the defendant claimed that
the Hen was valid that the amount named
i'm the statement for the lien was due and
sought foreclosure thereof. The evidence
Is examined, the substance thereof is set
out In the opinion, and IL Is held that II
is. not shown that the finding Of the dis
triCt court In favor of the plaintiffs Is
not sustained by the evidence.
1852. Storz Brewing Co. against Hanson.
Appeal Colfax Judgment OF district court
! J. j., concurring separately.
!. \ purchaser of real estate at an exc
cution sale who after confirmation accepts
the sheriffs deed, takes possession an
Afterwards conveys the same by warranty
| deed to third person. thereby valves all
errors and Irregularities in the making of
the sale and in the order of confirmation.
2. Where after confirmation OF an exc
cution sale OF real estate IL appeared that
I me BID which was accepted was made pS
the execution creditor who also held a de
/ cree OF foreclosure of mortgage against the
property. that the execution debtor was
| insovent: that the appraisement was of
| the gross value of the property without de-
Quoting liens; that the bid was made with
1 the understanding of both sheriff and
! purchaser that the excess or the nc should
7 ie applied on the foreclosure decree; and
| no money was paid to the sheriff, a motion
| TO require the officer to pay the amount
| of the bid over the execution debt into
court for the benefit of the debtor should
not be sustained or. IL sustained the order
| not enforced until a reasonable opportunity
is afforded the plaintiff by proper pleadings
to set out the facts and apply for equitable
relief.
1902 Ainlay against state. Error Cos
per. Affirmed. Fawcett, J.
l The reception of incompetent evid'
| ence tending TO establish a certain fact Is
not pretudicial error when the same fact i
| conclusively established by competent evil
dence." Fike against OFT rs Neb. 4S9.
| 2 How far, IL at ALL party shall be
| permitted to cross-examine, or put leading
questions to his own witnesses. where they
appear to he hostile or unwilling, is in
| the discretion of the trial court, and It's
rulings in such matters Will not be dis
turbed except for manifest abuse of dis.
cretion." Hackney against Raymond Bros.
Clarke Co, IS Neb. 624
g. In a prosecution for gambling, where
i the case for the state rests largely upor
the testimony of Witnesses who have beer
guilty of like offens. and the court pro
perly instructs the jury as to the weight
to be given the testimony of such witnesses
and the testimony given by such wit
nesses is sufficient to sustain the verdic
of the jury rendered thereon, the verde
will not ordinarily be disturbed in thi
court, even though such testimony be con
tradlcted by the accused.
1889. The First National Bank o
Omaha against Cooper. Appeal from
Douglas. Reversed and remanded. Sedg
wick, J.
l. No appeal is allowed from finding
of fact or conclusions of law. A part,
may appeal within six months after tn
entry Of final judgment or overruling
motion for new trial.
2. Under section 1876, CHI 16, Comp. st.
the liabilities of stockholders upon tn
default of the corporation is limited I,
|, their unpaid subscriptions to capital stool