Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1912-03-17
Supreme Court Sylabi

1870. Logan against Abel Appeal from
Harlan. Reversed and rcmalnded. Let
ton, j.
Where one person obtains property OF
another by theft or fraud. equity will
raise conatructise trust In favor Of the
defrauded party, and he may follow the
uroperty into the hands OF third persons
taking Il with knowledge.
1885 Heinke against Helm. Appeal
from Otoe Affirmed, Barnes, j.
1. one who takes up an animal as an
estray under the provisions OF chapter n.
Compiled Statutes OF 1911. cannot prevent
the other from recovering his property py
refuslng 10 accept "A sum OF money sum.
oient 10 pay for the expense incurred and
Ire cost Of keeping and caring for tho
animal or to submit his claim therefor 10
arbitration.
7. In case Of such refusal the owner.
after depositing a sum OF money IN court
sufficient to cover the expense ana COST
recover his property BY an action In
is5se. Allen against Mee,x. Appeal from
Piece. Affirmed. Fawcett. j..
l., Instructions examlnea ana r ,siI,si
!. Evidence examined and found suf-
firient 10 sustain the verdict and judg-
' iesio. oleson against oleson. Appeal
from Madison. Reversed and remanded.
i. An agreement that In consideration
OF the REIMBURSEMENT OF the possession OF
property held under pledge. the person
e sAo % the D.y Ss csb o. q the Ssn
quisher, for the security OF which the
pledge 10 held, IL not void under the
statute OF frauds II Is an original under
taking founded upon a new consideration.
. All material questions OF fact are for
the consideration Of the trier Of fact; IL
In trial BY jury, the Jury must determine
A trial court Is not justified in With
drawing a case from Jury and directing
a verdict II there Is competent evidence
reasonably inferred.
issti. taylor against Harvey. Appeal
from seott's Bluff. Affirmed. seds-
wick. J.
TO 5. and mortgage from II. to the hus-
band OF r. for part OF the considera-
ton for the deed. with an assignment to
T. by her husband, the deed from II. TO
=. being expressly to the said MORTGAGE.
ali executed at the same time, VIII be
presumed 10 constitute one transaction.
the purpose being 10 convey the land to
S.. by T. and take a mortgage Hen upon
the land for a part OF the purchase price.
there being no other explanation OF the
transaction. and no evidence to the con-
> section 1O5 OF the code requires that
when cross demands exist at the same
tins they must be held 70 compensate
each other 80 far as they are equal and
this principle will be applied by courts
of equity when conditions require IL In
order TO do equity between the parties.
Barr. Appeal from Dundy. Affirmed.
Sedgwlck, j.
i. II an objection Is made 20 the suf-
ficiency Of pleading because OF the
omission Of an allegation OF some ma
terial fact and the fact so omitted Is
clearly proved without objection. and the
objection to the pleading Is not brought
to the attention Of the trial court In the
motion for new trial. the objection is
waived.
2. If the officials refuse to prosecute
an action OF quo warranto 20 try the right
to q public office. the action may Be
brought By one who claims the right 10
the office as against the incumbent. and
II he yeFifies the information and allows
il 10 be filed and the action begun with
out objection on his part. he Is the real
party in interest. and Il Is not necessary
20 join others who support and assist
him.
g In a trial to Determine the result OF
an election. IL the ballots and other rec
ords Of the election are sufficiently iden-
tilted they should not be excluded from
the evidence because Of negligence OF the
officers in caring for the same.
{. The order Of proof In the trial Of a
cause IL largely IN the discretion Of the
trial court, and this court viii not IN
lerfere unless an abuse OF discretion is
clearly shown
5. II will not be presumed that docu-
nents received IN evidence were not suf-
iiciently identified unless that fact an
pears from the record as contained In
he abstract.
ITsss Rockwell against State Error
from Richardson Reversed and re-
handed Barnes. J.
l. Evidence examined. itf substance
Ifzted In Tire opinion end held 10 be in
'ufficient 70 sustain the verdict