Omaha daily bee., 1912-01-08

that the husband thereafter may convey
the same by his Individual deed.
l1l0l. Dorrlnton against Sowles. Appeal
from Richardson Affirmed Fawcett. J.
1. In a law action whore the evidence Is
sufficient 10 sustain a judgment either
way the judgment Of the trial court will
be sustained on appeal
Section lO2. coue, recurring az least
three days notice as a condition prece-
dent 90 the commencement Of an action
Of fore bic entry and detention, confers
upon q tenant a right which he may
e ther rest upon or waive.
3. And II, upon the trial OF such an
action, he objects to the introduction Of
a notice. detective in that particular
which has been duly served. upon other
specific grounds onlv. he will be held to
have waived such defect
lb55S. Jacobs against Goodrich. Appeal
from Douglas Affirmed. Reese. &. j.
]. There Is no controlling question of
law involved In this case. The evidence
was conflicting The cause was submitted
20 the trial jury on proper Instructions
a verdict was returned in favor Of plain
tifis. Where the evidence is conflicting.
It ~ the province OF the jury to decide
Questions Of fact and q reviewing court
cannot interfere.
?. Where the evidence shows without
conflict that all government and plat
monuments within the business district
OF the city Of Omaha have been lost or
usstIONeu and none Of them can be found,
mat the curbstones along the streets
having been established by legal au-
thority. are the only safo monuments NV
Whlch, engineers and survo yors can be
Esided, and that the custom Of using
them as such monuments. as the only
available ones. has been adopted in such
city, good faith measurements from them
ny, ,dlsinterra atcd engineers and surveyors
viii not be held invalid
16552. Steinke against Dobson AppeaI
from Lancaster Affirmed Sedgwick 7
Reese, G. j., not sitting
!. one who has been defrauded in the
rescind the contract and return the prom
eTty which he has received I'm the ex-
change, or to retain the propertv rc-
Ceived in exchange and recover damages
~ re cannot retain the property received
IN the exchange and in an action for dam
ages establish an equitable lien upon the
property which he gave in exchange,
z. y TACT not itself directly I'm issue. but
relevant to the issue being tried, NAV he
proved without pleading II.
j. The common law of a sister state
may be proved by books of reports of
cases adjudged in their courts code 40.
10 prove the law Of Missouri plaintiff
offered the decisions Of the supreme court
OF that state in certain cases named with
the pages and volumes I'm which tho
aecislons are reported: the trial being
10 the court 1t Is held that this evidence
was properly admitted. and, the record
showing nothing to the contrary, II will
pe presumed that the court examined and
acted upon these decisions
4. In ar action for damages If the owl
dence shows substantially that the plain
tltf was damaged in at least the amount
round by the trial court, the Judgment
VIII not be reversed because the exact
ana full amount of the plaintiffs dam
ages is not definitely shown
1915. city of South Omaha against the
Omaha Bridge and Terminal Railway
company Appeal from Douglas Affirmed.
l. A co1mon carrier in 1901 by condcm-
nation proc eedings acquired the right
to construct and maintain turnouts and
tracks for the storage of cars upon
parts OF an alley and two streets within
the city of South Omaha Held, that
the city, under the peculiar provisions
or its charter and the facts in the case.
should recover substantial damages. .
,. In such a case, the issue having
been tried to the court without the as
sistance of jury, the judgment will be
affirmed II there is sufficient competent
evidence to sustain the recovery.
l66Oo Hopper against Hopper. Appeal
from Douglas. Affirmed. Sedgwick, j.