Volume 67 — Nebraska Reports

Error from the district court for Butler county. Action for money due on contract. Ancillary proceeding in attachment; attachment discharged. Further history of case appears in the opinion. Tried below before Sorn-borger, J.

EeroR from the district court for Gage county.. Action for the recovery of indemnity under section 131 of the general revenue law. Tried below before Letton, J. Judgment for defendant. Plaintiff brings error.

Error from the district court for Nemaha county. Action against a common carrier for personal injury. Tried below before Stull, J.

The appeal ivas from an order taxing costs upon an application to amend pleadings. No jurisdiction. Heard below before Jessen, J.

Error from the district court for Lancaster county. Conviction of selling oleomargarine colored to resemble butter. Tried below before Cornish, J.

<p>Erroe from the district court for Nemaha county. Conviction of larceny. Tried .below before Stull, J.</p>

<p>Error from the district court for Dawes county. Action upon county warrants. Tried below before West-over, J.</p>

<p>1. Accommodation Indorsement: Coiípoiíation: Ultba Vibes. An accommodation indorsement by a manufacturing’ and trading corporation is ultra vires.</p> <p>2. -: -: -: Evidence: Finding. Evidence examined, and held to sustain finding’ that loan was made to the signer and first indorser of note, and the indorsement of the corporation, of which he was president, appearing on the note, was made and accepted as an accommodation indorsement, and created no liability.</p> <p>Syllabus by court; catch-words by editor.</p>

Appeal, from the district court for Douglas county, from a decree dismissing a petition for injunction to prevent the collection of a special assessment. Heard below before Estelle, J.

<p>Error from the district court for Dakota county. Action upon county warrants. Tried below before Graves, J.</p>

Error from the district court for Boone county. Action by innocent purchaser upon promissory note given for medical services. Plea that payee was not a legally qual ified physician. Note held void. Tried below before Thompson, J. Judgment for defendant.

Error from the district court for Lancaster county. Action on account for goods sold and delivered. The defendant pleaded, inter alia, his privilege and immunity from civil process, as a member of the legislature of the state. Tried below before Frost, J. Judgment for plaintiff.

<p>1. Promissory Note: Extension oe Faymeint: Rate oe Interest. Where a note provides for ten per cent, interest after maturity, and an extension agreement is entered into between the maker and holder, extending- the time of payment and providing for six per cent, interest thereon during- the period of extension, after the expiration of the period of extension, the note will again draw interest at ten per cent.</p> <p>2. Mortgage: FORECLOSURE: Taxes. Where, in the foreclosure of a mortgage, plaintiff prays judgment for taxes by him paid for the protection of his security, and offers in evidence tax receipts for the sums so paid, such receipts are prima-facie evidence of the payments of such taxes.</p> <p>Syllabus by court; catch-words by editor.</p>

Error from the district court for Stanton county. Re-plevin action, commenced originally in county court. Tried below before Graves, J. Judgment for plaintiffs.

Error from tbe district court for .Colfax county. Action for goods sold and delivered. Tried below before Hol-lenbeck, J. Judgment for defendant.

Action by administratrix to enforce specific performance of contract made with her intestate. Heard below before Sedgwick, J. Judgment for plaintiff.

Error from the district court for Boone county. Action to obtain a perpetual injunction against the commission of an alleged trespass threatened. Heard below before PAUL; J. Judgment on demurrer for defendant.

Error from the district court for Saunders county. Action by administrator for death — by wrongful act — of his intestate, brought under Lord Campbell’s Act, i. e.} chapter 21 of Wheeler’s Compiled Statutes. Tried below before Sornborger, J. Court directed a verdict for defendant.

Error from the district court for Dodge county. Action by legatee to recover damages for failure to cancel mortgage given by testator. Plea of statute of limitations. Tried below before Grimison, J.

<p>Appeal from tbe district court for Sheridan county. Bill in chancery under section 27, Code of Civil Procedure. Heard below before Westover, J. Judgment in favor of plaintiffs, Wood and another.</p>

Error from the district court for Douglas county. Action to set aside a fraudulent conveyance. Tried below before Fawcett, J. Judgment for defendants.

Original proceeding before this court, being an action brought by the attorney general to recover penalties for a violation of the Maximum Freight Rate Law. The action was commenced by Constantine J. Smyth.

<p>Appeal from the district court for Douglas county from confirmation of foreclosure sale. Heard below before Dickinson, J.</p>

Error from the district court for Dakota county. Action to foreclose a real estate mortgage. Tried below before Graves, J. Judgment of dismissal on the pleadings.

Error from the district court for Lancaster county. Action in the nature of case by an employee against an employer for damages received from employer’s alleged negligence in tbe operation of machinery. Tried below before Holmes, J. Verdict for $6,833. Judgment on verdict. The duty of instructing the servant as to his duties was specially delegated to Bryant. The master, by delegating such authority, assumed repsonsibility for Bryant’s acts.

Error from tlie district court for Phelps county. Prosecution under section 125 of the Criminal Code, for obtaining signature to a certain warranty deed. Tried below before Adams, J. Conviction. In the first place we confess to the court that the state has rarely, if ever, met an attempt more able and more lawless to acquit a thorough scoundrel and cheat on purely technical grounds than the one confronting it in this case.

Okiginal application for a writ of mandamus directed to the auditor of the state commanding Mm, on a day named in said writ, to register in Ms office, a certain refunding bond of $1,000 issued by Douglas county, and also commanding him, under his seal of office to certify on such bond the fact that it had been registered in his office and was legally issued.

<p>1. Decree of Partition: Jurisdiction oip Parties: Codi.atkhat, Proceeding. A decree of partition, where the court lias jurisdiction of all parties, and assigns with proper finding's their several shares, is final and conclusive in any collateral proceeding- as to the title then held by each of the parties.</p> <p>2. Dower: Bond: Distribution. Where one-third of the net proceeds of a partition sale has been delivered to the assignee of the widow’s dower for his use during her life, only, and on his bond conditioned for its repayment into court at her death, it will come back into court for distribution in the same proportions as originally decreed for the remainder of the estate unless transfers have intervened.</p> <p>3. Assignment of Interest. Assignment of an interest in such reversion fund may be oral and may be proved by oral testimony.</p> <p>4. Quitclaim Deed as Evidence of Assignment. A quitclaim deed of the land, made after the confirmation of the partition sale to the purchaser at such sale, may or may not be evidence of such an assignment, but would not itself constitute one.</p> <p>5. Conveyance Before Partition: Intent. A conveyance, before the partition proceedings, by one of the owners of the land to a brother, though purporting to convey all his interest, where by its other terms and the circumstances it is clear that only a transfer of an interest obtained by purchase was intended, and where the decree of partition so finds, will be held to convey the purchased interest only, and not the one inherited.</p> <p>Syllabus by court; catch-words by editor.</p> <p>6. Quitclaim Deed: Reversionary Interest. The quitclaim deed of an owner, purporting to convey all his interest in land, carries not only his interest in possession, but also any reversionary rig'hts in the same land which he holds subject to a then existing dower estate.</p> <p>7. Decree in Partition: He version. Owners of lands who have given sueb quitclaim deeds and have suffered a decree in partition against them that their grantee holds title to the land so conveyed and have allowed in such action of partition one-third of the net proceeds of the sale to be paid to the purchaser of the dower estate, to be held by him during the life of the doweress, are estopped to assert any claim accruing before the partition proceedings to the reversion of the dower.</p> <p>8. Owners of Land: Representatives: Suit on Bond: Dowek Fund. The owners of the land as ascertained in such partition suit, and their representatives, so far as they are deceased, may join as plaintiffs in a suit on the bond given in those proceedings for the repayment of the dower fund.</p>

Error from the district court for Johnson county. Action by Chamberlain Banking House against Baeschlin & Shuman, upon inland hill of exchange. Tried below before Letton, J. Judgment for plaintiff.

Error from the district court for Cass county. Application for a writ of mandamus to compel the director of a school district to examine and approve the bond of a school-district treasurer. Tried below before Jessen, J. Peremptory writ allowed.

Eeror from the district court for Douglas county. Action upon statutory bond given in an appeal from a judgment in forcible entry and detainer. The law was declared unconstitutional in Armstrong v. Mayer, 60 Nebr., 423. The question here involved was, could a recovery be had upon a statutory bond where the statute was unconstitutional? Tried below before Keysor, J. Judgment for plaintiffs.

Error from the district court for Red Willow county. Claim against a county for fees as sheriff, on distress warrants, where no collection has been made. Tried below before Norris, J. Judgment on demurrer for plaintiff.

Error from the district court for Douglas county. Action to foreclose a lien. Tried below before Estelle, J. Judgment for plaintiff.

Error from the district court for Saline county. Action for the conversion of a stock of goods. Tried below before Stubbs, J. Verdict for plaintiff. Each defendant moved for a new trial. Judgment on the verdict against Herman Gross and Christian Ziernan, from which judgment they separately bring error.

Error from tbe district court for Lancaster county. Action by administrator upon a benefit certificate issued by the defendant in error to plaintiff’s intestate. Demurrer by defendant. Tried below before Frost, J. Judgment on demurrer.

Error from the district court for Cuming county. Action on contract for services in securing employment of defendant as an attorney at law. Tried below before Graves, J.

<p>Appeal from the district court for Douglas county. Action of foreclosure and for accounting. Heard below before Dickinson, J. Judgment of foreclosure of certain mortgage liens. Plaintiff appeals.</p>

Error from tbe district court for Lancaster county. Action in replevin to recover possession of impounded swine. Plea of herd law. Demurrer by plaintiff. Sustained. Tried below before Frost, J. Judgment for possession and one cent damage.

Error from the district court for Dodge county. Action in the nature of case, to recover for diverting of water by the landowners onto the premises of another. Tried below before Grimison, J. Judgment for plaintiff.

Action by heirs of their intestate to redeem property sold under a decree of foreclosure. Heard below before Faw-cett, J. Judgment for defendants..

Error from tbie district court for Douglas county. Action upon guardian’s bond. Plea of statute of limitations. Tried below before Baxter, J. Judgment for defendants.

Error from the district court for Lancaster county. Action by a foreign insurance company upon tbe bond of an agent. The facts appear in the opinion. Tried below before Frost, J. Judgment on demurrer to plaintiff’s petition.

Appeal fro. se district court for Loup county. Action for accou: nd foreclosure under a contract, with a prayer for genv iq nit able relief. For judgment, see opinion. Heard be* v before Paul, J.

Error from tlie district court for Dodge county. Action to foreclose mortgage, brought by Pierce against defendant in error. Gross-petition by Cotterell. See opinion. Judgment awarding money received by plaintiff to defendant. Botli Pierce and Cotterell bring error. Tried below before Hoixenbeok, J.

<p>ERROR from the district court for Hall county. Action in ejectment. Plea of highway. Tried below before Munn, J.</p>

<p>1. Palsns in Uno, Palsus in Omnibus: Question eob. Juey. The questions whether a witness has in the course of his examination wilfully and intentionally testified falsely, and if so, what effect that fact should have upon the credibility of his other testimony, are, under proper instructions by the court, exclusively for the determination of the jury.</p> <p>2. Conflicting Evidence. An inquiry of fact decided by a jury from conflicting evidence will not be examined upon error by this court.</p> <p>Syllabus by court; catch-words by editor.</p>

Error from the district court for Fillmore county. Action in county court upon a coupon note; special appearance sustained. General appearance; plea of the statute of limitations; judgment for plaintiff. Error to district court, assigning (1) overruling of demurrer to plaintiff’s petition; (2) overruling certain objections. Heard below before Stubbs, J. Judgment below affirmed.

<p>Attachment: Replevin: Seizure. Where property is attached at the suit of creditors bringing separate actions, and such property is taken from the sheriff on a writ of replevin issued at the suit of a third party, to whom tha, property'is delivered after the statutory bond is given and approved, and a part of the at- . tacliing creditors, while the action in replevin is pending and undetermined, cause the same property, in the same condition and of the same value, to be taken by the sheriff on execution for the debts for which they had attached it, such seizure on execution is a complete defense, as to all the attaching creditors, in an action on the official bond of the officer serving the writ of replevin, for negligently approving' an insufficient replevin bond.</p> <p>Syllabus by court; catch-words by editor.</p>

<p>Appeal from the district court for Sherman county. Heard below before Sullivan, J.</p>

<p>Appeal from tlie district court for Sherman county. Heard below before Sullivan, J.</p>

Erkok from the district court for Dakota county. Appeal from an order of the hoard of county commissioners disalloAving certain claims of a sheriff for fees. Tried on appeal before Graves, J., without a jury. Judgment for claimant.

WRIT of error, on behalf of the state, from the district court for Lancaster connt-y. The defendant was indicted for maintaining a nuisance. A demurrer to the information was sustained. Heard below before Holmes, J. The county attorney excepted and brought error to this court.

Rehearing of the case reported in 00 Nebr., 754, and 03 Nebr., 317. Appeal from Hie district, court for Dawes county.

-Appeal from the district court for Scott’s Bluff county. Action for a perpetual injunction to prevent the unauthorized crossing of an irrigation canal. Heard below before Grimes, J. Judgment for defendant.

Original proceeding in mandamus to require tbe auditor to register certain village bonds, in tbe sum of $3,500, for tbe extension of water-works.

<p>1. Unauthorized Action Under Color of Office: Right oe Taxpayer to Injunction in Absence oe Direct Legal Remedy. Wholly unauthorized action under colox- of office by municipal authorities. which injuriously affects the interest of a taxpayer and water-user of the city, and for which he has no direct remedy at law, warrants an injunction to protect him.</p> <p>2. Ordinance: Water-works Company: Franchise. The ordinance conferring upon the Omaha water-works company the franchise of the public streets for maintenance of its plant, provided that after twenty years the city might purchase the entire plant, ■on an appraisement by engineers, without regard to any value in the franchise. Held, that an amending ordinance whose sole effect was to put off the time when the city might exercise such right to September 1, 1908, was an extension of the franchise, and forbidden by section 19 of the city charter.</p> <p>3. Time of Accruing Right Not Decided. The time when, under the terms of the existing ordinance, the city’s right to purchase accrues, not decided, as it must, in any event, be long before September, 1908.</p> <p>4. Injunction Heretofore Allowed. The injunction heretofore allowed in this case, held to have reference only to direct attempts to postpone the accruing of the city’s right to purchase.</p> <p>Syllabus by court; catch-words by editor.</p>

Error from the district court for Douglas county. Action in the nature of trespass on the case. Tried below before Baxter, J.

Ehror from the district court for Lancaster county. Action in the nature of trespass on the case, by a municipal corporation against a landowner, to recover for damages recovered for personal injuries sustained by a pedestrian from an open coal-hole in a sidewalk.* See 59 Nebr., 634. Tried below before Frost, J. Judgment for defendant.

Suit in equity to enforce a parol trust in certain real estate. Heard below before Grayes, J. Trust declared. NOTA BENE.

<p>1. Sufficiency of Petition by Creditors Against Administratrix and County Judge, Calling for an Accounting and Alleging Collusion, Fraudulent Payment and Retention of Illegal Pees. In an action by a creditor (suing in behalf of all) of an insolvent estate against the administratrix thereof and the county judge for an accounting-, a petition which allegues collusion between the defendants, and a fraudulent payment and retention of illegal fees to the prejudice of the creditors, is sufficient as against a demurrer.</p> <p>2. Jurisdiction of District Court: Motion to Retax Costs: Action on Bond: Statutoby Penalty. The district court is not deprived of jurisdiction in such a case because plaintiff might have moved to retax the costs in the county court, or brought an action on the bond of the administratrix, or sued to recover the statutory penalty for taking illegal fees.</p> <p>3. Technical Refusal by Administratrix to Sue. Allegations of collusion and fraud on the part of such defendants, are sufficient to entitle a creditor to bring such an action without showing a technical refusal by the administratrix to sue.</p> <p>Syllabus by court; catch-words by editor.</p>

<p>1. Special Assessment: Petition: Eoot-Erontage: Valid Levy: Repaving: Injunction. Under the provisions oí section 110, chapter 12a, Compiled Statutes, 1897, a petition signed by the owners of a majority of the foot-frontage is requisite to a valid levy of a special assessment ag’ainst property specially benefited to pay for repaving, and the collection or enforcement of such special assessment will be enjoined where it does not appear that a petition so signed was first obtained.</p> <p>2. Insufficiency of Petition. Petition for repaving in case at bar examined, and held not signed by owners of a majority of the foot-frontage.</p> <p>3. Assessment: Statutory Provisions. Statutory provisions authorizing- assessments of special taxes against property benefited by public improvements, are to be strictly construed, and it must affirmatively appear that the taxing authorities have taken all steps which the law makes jurisdictional; the failure of the record to show such proceedings, will not be aided by presumptions. .</p> <p>4. Laches: Estoppel. One who has not been guilty of laches, will not be estopped to object to the payment of a special assessment which is void for want of jurisdiction in the taxing authorities to make the assessment.</p> <p>5. Repavement of Street: Petition: Statutory Provision: Incum-brance: Conveyance. A petition asking for the repavement of a street does not come within the provisions of section 4, chapter 36, Compiled Statutes, 1901, as being an incum-brance'or conveyance of land, and where the owner in fee signs such petition the land will be bound thereby without the signature of his wife. McLain v. Maricle, 60 Nebr., 353, followed.</p> <p>6. Corporation as Petitioner: Unauthorized Signature. The president or secretary of a corporation, either singly or jointly, can not bind the corporate property by signing the corporate name to a petition asking for a street improvement without being specially authorized.</p> <p>7. Repaving Street: Abutting Owners: Ordinance: Thirty Days: Assessment. A statute authorizing the city council to repave streets under certain conditions, provided that the abutting property owners should have thirty days from the date of approval and publication of an ordinance declaring such improvement necessary within which to designate the paving material. No other reference was made in the statute to such ordinance declaring the improvement necessary. The property owners were given thirty days from the publication of a certain ordinance within which to designate the paving material. Hold, That the failure of the council to pass and publish an ordinance declaring- the improvement necessary would not invalidate the assessment.</p> <p>Syllabus by court; catch-words by editor.</p> <p>S. Unconstitutional Law: Determination Unnecessary. The appellate court will not pronounce a statute unconstitutional and void where a determination of the case does not require that the constitutionality of the statute be determined.</p> <p>9. Notice. Notice of the sitting of the board of equalization examined, and held to comply with the requirements of the statute.</p> <p>10. Special Assessment. The only foundation for special assessments rests in the special benefits conferred upon the property assessed, and, therefore, the frontage rule per foot can not be adopted unless the benefits are equal and uniform.</p> <p>11. Assessment: Special Benefits: Eoot-Erontage: IIeview: Injunction. Under the provisions of section 161, chapter 12a, Compiled Statutes, 1897, the council, before assessing property for. special benefits, according to the rule per foot-frontag-e, must find that the benefits accruing- thereto are equal and uniform. However, where the council fails so to find, a taxpayer with notice, dissatisfied with the rule per foot-frontag-e adopted, should cause such action to be reviewed, and on failure so to do he will not, in a proceeding to enjoin the collection of such tax, be heard to say that the tax is void.</p> <p>12. Special Assessment: Matters to be Considered in the Premises. Where it affirmatively appears of record that the council in levying the special assessment took into consideration the question of the extent of the benefits, and, preliminary to the levy, formally and specifically found that each parcel of land is specially benefited to an amount equal to the tax assessed against it, it is immaterial that each parcel has been assessed an equal amount per front foot, as a finding that the benefits are equal and uniform need not be in the exact language of the statute.</p>

Error from.the district court for Douglas county. Action by stockholder against manager of insurance company for fraud. Tried below before Slabatjgh, J.

Error from tbe district court for Colfax county. Proceeding to revive dormant judgment. Plea of payment. Issue joined. Request for jury trial denied by court. Tried below before Grimison,, J. Order of revivor. Mesne process of attachment issued on application of judgment creditor. Motion to dissolve attachment. Heard below before Grimison, J. Motion overruled. The questions involved in this case were: 1.

Error from the district court for Lancaster county. Second trial of case reported in 61 Nebr., 109. The ultimate facts are clearly stated in the opinion. Tried below before Cornish, J.

Error from tbe district court for Otoe county. Action in the nature of indebitatus assumpsit on two promissory notes given by a femme covert. Tried below before Jessen, J. Judgment for defendant.

Petition for a perpetual injunction by an inferior riparian owner against bis superior riparian owners. Heard below before Westover, J. Decision below adverse to tbe plaintiff. Attempted appeal dismissed.* Judgment entered below on original finding. Second appeal.

<p>Appeal from the district court for Clay county. Action to enforce specific performance of a contract to convey an elevator. Heard below before Stubbs, J. Judgment on demurrer to petition.</p>

Error from the district court for Otoe county. Action by indorsee in the nature of indebitatus assumpsit, upon one promissory note given for a policy of life insurance. Plea of fraud, and that indorsee was not a bona-fide holder without notice. Reply in the nature of a specific traverse. Issue joined upon the affirmative defense. Tried below before Jessdn, J. Judgment for defendant.

Error from the district court for Custer county. This proceeding is, apparently, in the nature of an action on the case at common law. The opinion is short, and the facts appear therein. Read and classify. Tried below before Sullivan, J. The court directed a verdict for the defendant. Judgment on the verdict. See note at end of case.

<p>X. Mechanic’s Lien: Personal Judgment. On the foreclosure of a mechanic’s lien the plaintiff may take a personal judgment against the party personally liable for the debt.</p> <p>2. Trial: Theory: Contract: Husband: Wipe: Agency: Joint Lease: Mechanic’s LieN: Petition: Allegation: Reversal: Contract with Both. -Where a case is tried on the theory that a contract signed by the husband alone for performing labor and furnishing material by a contractor in the erection of a building, was made by the husband for himself and as agent for his wife, they holding a joint lease of the premises, this court will not reverse a decree enforcing a mechanic’s lien against both husband and wife on the ground that the petition does not in plain terms charge that the contract was with both.</p> <p>Syllabus by court; catch-words by editor.</p>

Error from the district court, for Douglas county. Application below for a writ of mandamus to compel the mayor of the city of Omaha to sign a warrant on the city treasury in favor of relator. The facts appear in the opinion. Tried below before Estelle, J. Writ allowed.

<p>Appeal from the district court for Douglas county. Case is stated in the opinion. Heard below before Faw-cett, J. Judgment for plaintiffs.</p>

<p>1. Evidence. Evidence examined, and held sufficient to sustain tlie iindings of the trial court.</p> <p>8. Eaet Omitted from Finding. In a suit in equity, where the court mahes special findings, and omits therefrom some fact, conclusively established by the evidence essential to the decree, such fact, on appeal to this court, will be treated as though found by the court.</p> <p>3. Boundary Line. Where the true boundary line between adjoining owners is uncertain and unknown to them, and may be ascertained only at more or less trouble and expense, an executed agreement to accept and abide by a certain line as such boundary, is binding upon the parties and subsequent pui'chas-ers having notice thereof, although the boundary agreed upon may not be the true line.</p> <p>Syllabus by court; catch-words by editor,</p> <p>4. Trespasser: Fence. The destruction of a fence by a trespasser, and his threat to repeat such act as often as the fence should be replaced, entitles the owner of the premises invaded to an injunction against the trespasser, even though the latter may not be insolvent.</p>

<p>Appeal from the district court for Yalley county. The ease is stated in the opinion. Heard below before Paul, J. Judgment for plaintiff.</p>

<p>Note. — Taxation.—Under the ancient Roman state, the farmers of the public revenue were called publicani. Their official name was derived from publicum, which signified anything belonging to the state. It was sometimes used as synonymous with vectigal. Veotigalia was the general term for all the public revenues of the Roman state. The revenues which Rome derived from conquered countries, consisted chiefly of tolls, tithes, the seriptura, or tax which was paid for the use of public pasture-lands, salince — the duties paid for the use of mines and salt-works — and harbor-dues. This last is supposed by some writers to have been the original method of taxation, for the reason that veotigalia is derived from veho, to carry, and is generally believed to have originally signified tilings imported and exported quos vebebantur. The censors — who fixed the terms on which the revenues were let — -sold the revenues at a time stated, generally in the month of Qunctilis (July); and the sale was for a lustrum — five years. This corresponds to our modern (Nebraska) tax-sale, on the first of November. Indeed, if we examine our statute beside Roman law, it will be hard to determine in what manner the modern dealer in tax-titles differs in principle from the ancient publican. Taxation, as Adam Smith says, is an attribute of sovereignty. The Roman state transferred a portion of its sovereign power to the publican, and the state of Nebraska does the same with the buyer of tax-titles. — W. F. B.</p>

Error from the district court for Boyd county. Indictment for shooting with intent to kill. Tried below before Harrington, J. Conviction. Sentence to penitentiary for a term of ten years.

Error from the district court for Webster county. Indictment for robbery. Tried below before Adams, J. Conviction. Sentence to imprisonment in the penitentiary for a period of seven years.

Error from the district court for Lancaster county. Action in the nature of case, under Lord Campbell’s Act, for the death of plaintiff’s intestate. Tried below before Cornish, J. Judgment for plaintiff.

Error from the district court for Douglas county. Action for an injunction, brought to restrain the collection of certain special taxes for grading in the city of South Omaha. Tried below before Estelle, J. Injunction made perpetual.

Action to foreclose a mechanic’s lien on the buildings of the Greater America Exposition for electrical appliances and illuminating equipment. Heard below before Dickinson, J. Judgment for defendants.

Action to.foreclose a mechanic’s lien for materials furnished and labor performed. Heard below before Dickinson, J. Judgment for plaintiff.

Error from tbe district court for Douglas county. Action in behalf of a minor by Ms next friend, against his master, to recover damages for a personal injury. Plaintiff prayed for judgment in the sum of $10,000. Tried below before Slabaugh, J. Verdict for $3,000. Judgment upon the verdict and for costs.

ERROR from the district court for Jefferson county. Action in ejectment brought to recover possession of a strip of land TOO feet wide, included between a line 150 feet from the central line of the railroad track and a line fifty feet from such central line, the right of way being 300 feet in width. Plea of prescription by adverse possession.

Eimou, from the district court, for Gage county. Action, in the nature of case, against a municipal corporation charged with the repair of highways (as was alleged) for injury received in the death of a mare, the property of plaintiff, in said county. Plaintiff below sued for $75, the alleged value of the mare. Tried helow before Letton, J., upon an agreed statement of facts, without the intervention of a jury. Finding and judgment for defendant.

Error from the district court for Boyd County. Action on account for livery hire, hauling freight, et ccetera», to recover an alleged remainder due of $387.15. Plea of the general issue as to a portion of the items, set-off as to remainder, closing with a prayer for judgment for $263.83 in favor of defendant. Reply, general denial. Tried below before Harrington, J. Verdict of $127 for plaintiff. Judgment according to verdict.

Error from the district court for Keith county. Application, on the relation of the county superintendent, for a writ of mandamus to the treasurer of school district numbered 39, to require him to register and pay a certain school order. Heard below before O rimes, J. Writ allowed.

Error from the district court for Cheyenne county. Action upon a recognizance forfeited in a criminal case. Tried below before Grimes, J. Judgment for plaintiff.

There is a better statement of the case in the opinion than the editor feels able to make. Heard below before Kevsob, J.