Omaha daily bee., 1912-03-11
Proceedings of the Supreme Court

is5os. Thsckaberry against Wilson
APP, from Lancaster. Affirmed
A counter claim filed in justice cour
to recover compensation for services al
legged TO have bsen rendered the plaintiff
| by the defendant In selling the PLAINTIFF
real estate may sustain recovery wher
no objection was made before Judgmen
to the sufficiency Of the demand and tn
record fails to affirmatively disclose tina
| the agreement does not comply with tn
provisions Of section "a. oh. "a Comp. st.
which requires such contracts to be II
writing. signed by the owner and IN
agent and TO describe the land and tn
brokers' compensation
1850, Clement against Cudahy Packing
company. Appeal from Douglas. Al
firmed. Root J..
/. Newly discovered evidence not rele
want to the issues Joined will not sus
solely on that discovery.
= A petition for q new trial based
solely upon the discovery OF new EVIL.
dence Is insufficient unless the facts anc
circumstances pleaded will sustain a find.
ing that the petitioner exercised diligence
in endeavoring to procure such evidence
1855. Powers against FIansburg Ap-
peal from Hitchcock. Affirmed Sedg'
wick, J..
!. The remedy OF injunction cannot be
used when there are adequate remedies
In the usual course Of the law.
2. A private individual cannot maintain
an action to suppress pubic nuisance
unless he sustsins some special injury
caused thereby, other than that sustained
by the public At large.
1859. First National Bank against Bur-
ney. Appeal from Hitchcock. Reversed
and remanded. Barnes J.
A fea
tract In writing, In the absence OF fraud
or mistake. cannot be varied qualified
or contradicted by evidence OF prior
or contemporaneous agreement resting In
'parol.
I6s70 Van Etten against Leayitt. Ap-
peal from Douglas. Affirmed. Fawcett, j..
Where II appears upon the face OF a
petition that every material matter COM
planned Of has been adjudicated In for
mer actions between the same parties
or their privies, general demurrer
thereto Is properly sustained
1888. Essex against Ksensky. Appeal
from Lancaster. Affirmed. Barnes, j.
I. An objection 20 deposition on the
ground Of a defect In the certificate OF
the officer before whom II was taken
cannot be considered unless made IN
writing and filed before the commence
ment Of the trial Yersley against
Blake. IS. Nebraska, 5S.
2 Judgment for damages VIII not
be set aside on the grounds that Il Is
not supported by the evidence and IS
excessive II there e competent evidence
In the record which supports H. unless
a reviewing court can say that II Is
iooi. wagner against Farmers and
Merchants Insurance company. Appeal
fiom Lancaster. Affirmed. Fawcett, J.
]. Evidence examined ana referred 70
In the opinion held sufficient to sustain
the verdict and Judgment
:, Instruction set out In the opinion
sustained.
iTos. Rothchild 4 Co. against Van
Aistine. Appeal from Cedar Affirmed.
l. when the possession OF property
described In q chattel mortgage remains
with the mortgagor, and the mortgage.
or n copy thereof. is not filed as re-
quired by section II. chapter e. Comp.
ST., 1se5 the mortgage Ii absolutely void
as to creditors Of the mortgasor, no
matter whether they have actual notice
sns sos q Yo nS ar.ns %nho aSa
% Neb. 49,
2 A purchaser at a sale under attach
ment proceedings OF chatteis covered BY
an unified mortgage without notice OF
the existence Of such mortgage takes the
property discharged OF the the mortgage
lien.
issss Sanford against Saunders county.
Appeal from Saunders. Affirmed. Barnes.
]. Fawcett and Scdgwick, J. j., dissent
ing. Reese, c. j.. not sitting.
l. THE enumeration OF subjects or
taxation In section I, art, TX. Of the con-
stitution, II not exclusive. The legislature
has power TO provide sor taxation upon
State against vinsokhaler.
"a Neb. SIS
2. The widow Of a testator who takes
real estate devised TO her by his will In
6leu OF DOVER IL not In a position 10 re-
quire the taxing authorities 10 exempt
50 much OF such real estate as equals
the value OF her dover interest from the
payment OF an inheritance tar.
q BY the provisions OF chapter iS. Ann.
81. 1909, the personal property OF a
decedent is primarily liable for the pay
ment OF claims against his estate, and
those 70 whom he has devised his real
estate cannot avoid paying an Inheritance
tax thereon by agreeing TO satisfy claim
OF one OF them against the estate out Of
1. Real estate devised by will passes 10
the deyisee at the death OF the testator
and its status under the law taxing In
heritanees IL fixed at that time An
agreement between devisees TO satisfy
q claim against the estate In favor OF one
Of them by q conveyance OF portion OF
such real estate 20 the claimant will not
exempt Il from liability for an inheritance
tax.
s. BY the provisions Of section ii.8a.
Ann. ST.. 1909. an inheritance tax bears
interest from tho death Of tho decedent.
unless II Is ascertained and paid within
six months thereafter: and where his
devisees have neglected 10 take any steps
TO ascertain or pay the same for more
than two years after his death. they are
not In q position TO contest the payment
OF interest thereon. +t
MOS Worth against Ware. Appeal
from Lancaster. Affirmed. Letton, J.
j.. not sitting.
l. Ordinarily subtenant has no greater
rights In the leased premises than the
original tenant.
:. A sublessee may not recover damages
from his lessor for interference by a
third person with his possession and bust
ness when he has not been ousted and
no wrongful ACT OF his lessor has been
proved.
1857. Deck against Kautx. Appeal from
Wayne Letton,. J. Rose. j.. not sitting.
In an action for damages on q saloon
keepers bond a plaintiff Is not entitled
to recover his costs IL the verdict In his
favor IL less than $50. Rosenbaum
-. -