Omaha daily bee., 1912-01-08
Proceedings of the Supreme Court

~ .eis; cause set for nearing at session
.inIneuctus November d, 1911
roilowlng Opimons were MED:
lotvs. Perry AGAINST Clark. Affirmed.
loot. J.
Ioiil. Forsha against the Nebraska Mo
ane Pow company. Reversed and re-
remanded. Barnes, j.. Reese, {. j. and
raWcett j., dissenting.
l64Z2. wilson against Wilson. Reversed
and remanded with directions. Reese, g.
- Root, D., concurs In part and dlssents
IN part
Hats. Boyd against Lincoln n. w. r.
Co. Affirmed. Sedgwick, j.
1906. Jlatk Implement company against
Jay. Attfmed. Reese G. J.
1915. Southern Realty company against
Hannon. Affirmed. Letton, j.
lG6lS. smith against Coon Affirmed
barnes, D.. Sedgwick, J., not sitting
1851 Mud. a akai.st Groeling. Aff.rm,d
Fawcett, d., SeugwIck, j., not sitting
1884. Blado against Draper. Affirmed
Barnes, j., Sedgwick, j., not sitting
1888. Mapes against Bolton. Affirmed
Root, j., Sedgwick, j., not sitting
1895: Cohn against Buttertield Re
1881 Rossbach against Micks. Affirmed.
Rose. j.. Sedgwlck. J., not sitting.
1864. Burr, administrator against Iowa
state Travelling Men association. On
motion to modify former judgment of re-
veTsal vacated and set aside; ordered
that II the plaintiff file remittitur Of
all OF the present judgment except $500
and Interest thereon from February IS,
1902, to the present time within forty
DAYS Judgment of district court to that
sxtent will be affirmed: otherwise judg-
nent reversed and cause remanded. l.
3uch remitttur II filed, plaintiff to pay
osts on this appeal I'm this court. de-
endant to pay costs In district court; l.
lch remlttitur is not filed. costs taxed
plGin~iff. Barnes. j.
1jSOi. Pritchett against Collins. Affirmed.
Fawcett. j.. Sedgwiek j.. not sitting.
mn state ex rel. Hutter against Papil-
lion Drainage district Affirmed. Letton,
J.. Sedgwick. j., not sitting.
i6TOI Chicago, Rock Island a. Pacific
Railway company against state Railway
commission on motion for rehearins
former Judgment OF reversal adhered TO.
Motion for rehearng oVerruled SedB.
wick, j. Reese. G. j., Fawcett ana
Rose. j., dissenting.
1913. petIman against PlttlnEer' ~,
irmed ? Rose, j., Reese, &. j.. Root ana
elton. J. j.. concurrlns separately.
i6TtgL Stephenson against Murdoch. Al
nrmcd. Root Sedgwick, j., not SIT
i67t9-Rlake against West. Affirmed.
Barnes j. Sedgwick, j." not sitting.
Following are rulings ON motions lot
1SlSl-Gundy AGAINST Nye-Schneider-
Fowler Co. Oral argument on motion Or
dered for session commencing November
16gol-Chapin against Village of College
View. Oral argument on motion ordered
for session commencing November o. l9ll'
l6262-State eX rel; Butte agalnst Nili9se ,,,s,
of College View. Oral argument on mo-
ton ordered for session commencing NO
i6ssS-swanson against Union Stock
YARDS Co Overruled
lGSSg-Mauzy against Hinrichs, Oral ar
gument on motion ordered for session
commencing November 8, 1871. ,-,
lGlQ2-Girard Trust Co. against DICKSON
itAis&Eiselcy against Norfolk National
Bank Overruled.
argument on motion ordered for session
commencing November q, 1871.
I6iS2--M hiteside against Adams Express
is4sSNHolioway against Tlnison. over
ruied.
4y,,o-Muener against William f,
Stoecker Cigar Co. Oyerruled.
1b4o0-Harse against htamer Motion OF
appellant Tor renearlng. OVerruied. Mo-
tiun ol appellee Tor rehearng, oNerruitu'
judgment heretofore entered apporioh-
ing COSTS modified All COSTS 'aNeu 10
lSios~iund against Nelson. overruled.
l64,S-Stratton against McDermott'
io,o.Esi,nn against Frederickson. over
i6isS-walden against Bankers Life
Ass n. Oyerruled.
1880. W ilsun against Wilson. Appeal
from Gosper. reversed and remanded
with Instruct ons. Root j.
l. A husbs. appointed as guardian OF
his insane Wac estate sustalns pecu-
harry close and confidential relation 10
her and will not he permitted 10 use hel
property or his position Tor his advan-
tage or 10 her detrlment.
Q The county court may authorize a
guardian TO invest his wards funos and
the guardian should apply for directions
in case he holds such funds and a
threatened foreclosure OF a real estate
mortsage may, II prosecuted to a CON
clusion, result In the sacrifice OF her
dover and homestead interests In the
mortgaged land: and the fact that while
sane she proposed 20 permit the land to
be sold at judicial sale so that she could
secure money In lieu OF her interest I'm
the real estate. will not Justify inaction
on his part.
3. II the husband and guardian Of an
insane woman purchases at judicial sale
real estate wherein she has dover and
homestead estates which have not been
sdmeasurcd, upon becoming sane she may
hold him as trustee without regard TO
whether there was active fraud in the
transaction.
& a county court has exclusive original
jurisdiction 10 settle the accounts OF guar
dians appointed by IT, but II some fea-
lures OF that accounting are also in
VOlved IN an action In equity pending In
the district court between the guardian
and ward and the contention with re-
spect To the guardians accounts is pend
l ing In that court on appeal, the district
court should consolidate the cases ior
/ trial so that the rights OF the parties
will be fully protected.
| 8. Where, in an action TO foreClose a
real estate mortgage. the court appoints
a guardian ad litem for an insane woman
who has a dover and a homestead estate
in the land and the general guardian
tails TO protect these estates, the genera
guardian will not solely for that reason
be liable in damages.
/ A guardian should account TO a ward
for ali profits made by investing or con-
verting her funds and II not authorized
by the county court to invest the funds,
viii he~held for lawful interest Withu.
regard 10 the profits made.
IuS Wilson against Wilson. Appeal
from Gosper, Reversed and rSmanded.
Per Curiam. No syllabus.
hV's Stanisics against state. Error from
Lancaster. On motion of administrator
10 revive. Motion oyerruled. Per Cur
RAM. No syllabus.
Certain lands, and the Intended de-
NiHees were fully specified and descrfbe,i
In deeds executed with the viii: mes