tions of the partnership as well as those remaining unsettled before the death of the deceased partner, as of the said parties thereafter, and shall present to the county court appointing such executor or administrator a full statement of the matter and manner of such settlement, and upon due notice to all parties interested, the said court shall examine, review, correct, approve, or dissalow such settlement. But if the said legal representatives of such deceased partner and the surviving partner cannot agree upon such settlement, the accounts of the dealings and transactions of the partnership shall be settled as heretofore. [Id., § 3.] 2844 SEC. 343. [Special administrator.] In case the executor or administrator of a deceased partner be also his surviving partner, the county court appointing him shall appoint a special administrator to discharge the duties herein provided, and his powers shall be limited thereto. Such appointment shall be made upon the same proceedings as are provided by law for the appointment of special administrators, when there is delay in the granting general letters testamentary or of administration. [Id., § 4.] 2845 SEC. 344. [Renewal of mortgage on real estate of intestate, etc.] The county judge upon proper showing by petition supported by competent testimony, showing that the best interests of the estate demand it, grant authority to the executors or administrators of estates and guardians of the estates of minors, insane persons, feeble minded persons and spendthrifts, to mortgage any real estate belonging to such estates, where mortgages existing on such real estate are due, or are about to become due, and there is no money belonging to such estate with which to pay or redeem such mortgage; Provided, That in no instance shall authority be granted by such county judge to such executors, administrators, or guardians, to mortgage such real estate for a greater sum than the amount secured by the original mortgage. [1887, § 1, chap. 37. Amended 1893, chap. 17; 1895, chap. 33.] 2846 SEC. 345. [Same Special administrator.] That where no administrator has been appointed the county judge may appoint a special administrator to carry out the provisions contained in section one of this act. [Id., § 2.] SECS. 344, 345. "An act to permit county judges to grant authority to administrators of intestate estates to mortgage real estate for certain purposes, and, if necessary, appoint special administrator thereof." Laws, 1887, chap. 37. Took effect April 2, 1887. CHAPTER 24.-DEPUTIES. 2847 SECTION 1. [Who may appoint.] The state auditor, treasurer, and librarian respectively, and each county register of deeds, treasurer, sheriff, clerk, and surveyor, may appoint a deputy, for whose acts he shall be responsible, and from whom he shall require a bond which appointment shall be in writing, and shall be revocable by writing under the principal's hand; and both the appointment and revocation shall be filed and kept in the office of the county clerk, in case of deputies for county officers, but in case of state officers they shall be filed and kept by the principals. [R. S., 127. G. S., 343.] 2848 SEC. 2. [Duties.] In the absence or disability of the principal, the deputy shall perform the duties of his principal pertaining to his own office, but when an officer is required to act in conjunction with or in place of another officer, his deputy cannot supply his place. 2849 SEC. 3. [Who may not be.] The state auditor, treasurer, and librarian can neither of them appoint the other his deputy, nor can either the register of deeds, treasurer, sheriff, clerk, or surveyor of a county appoint either of the others. 2850 SEC. 4. [Sheriff.] The sheriff may appoint such number of deputies as he sees fit. 2851 SEC. 5. [Oath.] Each deputy shall take the same oath as his principal, which shall be endorsed upon and filed with the certificate of his appointment. 2852 SEC. 6. [Allowance.] When a county officer receiving a salary and no fees is compelled by the pressure of the business of his office to employ a deputy, the county commissioners may make a reasonable allowance to such deputy. 2853 SEC. 7. [Acknowledgments.] That deputy clerks of the district and county courts in this state be and they are hereby authorized to take acknowledgments of deeds and other instruments of other writing in the name of their principals, and said acknowledgments shall be as legal and valid as if taken by their principals. [1870, § 1, 17.] 2854 SEC. 8. [Acts legalized.] All deeds or other instruments of writing heretofore acknowledged in the usual form, before any deputy clerk of the district or county courts of any county in this state, shall be and they are hereby declared legal and valid. [Id., § 2.] CHAP. 24. This chapter embraces chap. XV, R. S., and "An act to authorize deputy clerks to take acknowledg ments of deeds and other instruments, and to legalize acknowledgments already taken by such clerks." Laws, 1870, 17. G. S., 343. Appointment of deputies to state officers. 25 Neb., 667. County, obligee in deputy sheriff's bond. 34 Neb., 666. For deputies to register of deeds see chap. 18. sec. 77a. SEC. 2. Section not intended to provide generan y the powers of deputies. Not in conflict with sec. 898, Code. 51 Neb., 534. Construed with sec. 893, Code. When deputy may perform ministerial duty. 54 Id., 586. SEC. 4. Deputy sheriffs must be residents. See sec. 245nn, Crim. Code. CHAPTER 25.-DIVORCE AND ALIMONY. 2855 SECTION 1. [Void marriages.] Marriages which are declared void by section three of chapter 34, entitled Marriages," are void without any decree of divorce. [R. S., 128. G. S., 344.] 2856 SEC. 2. [Voidable marriage.] In case of a marriage solemnized when either of the parties are under the age of legal consent, if they shall separate during such non-age, and not cohabit together afterwards, or in case the consent of one of the parties was obtained by force or fraud, and there shall have been no subsequent voluntary cohabitation of the parties, the marriage shall be deemed voidable. 2857 SEC. 3. [Petition to annul marriage.] When a marriage is supposed to be void, or the validity thereof is doubted, for any of the causes mentioned or referred to in the two preceding sections, either party, excepting in the cases where a contrary provision is hereinafter made, may file a petition or bill in the district court of the county where the parties, or one of them, reside, or in the court of chancery, for annulling the same, and such petition or bill shall be filed, and proceedings shall be had thereon, as in the case of a petition or bill filed in said court for a divorce; and upon due proof thereof it shall be declared void by a decree or sentence of nullity. upon 2858 SEC. 4. [Petition to affirm marriage.] When the validity of any marriage shall be denied or doubted by either of the parties, the other party may file a bill or petition in the manner aforesaid, for affirming the marriage, due proof of the validity thereof it shall be declared valid by a decree or sentence of the court, and such decree, unless reversed on appeal, shall be conclusive upon all persons concerned. 2859 SEC. 4a. [Lien of judgment.] All judgments and orders for payment of alimony or of maintenance in actions of divorce or maintenance shall be DECISIONS. Action is in nature of proceeding in rem. Affidavit for service by publication jurisdictional After decree of divorce, where service is had by publication, if defendant move to set aside decree and file answer, such answer, while constituting an appearance, does not make decree valid, and can only affect subsequent proceedings. 9 Neb.. 202. Sec. 82, code, for opening judgments, does not apply to actions for divorce. 10 Neb., 392. Affidavit for publication in suits for; what they should state. Id. 15 Neb., 615. Unnecessary in affi davit to set forth the particular cause upon which divorce is sought. 21 Neb., 391. Petition should show that plaintiff is a resident or that marriage was solemnized in state; affidavit need not. 10 Neb., 391. Denial in case stated, held, not a denial of cohabitation. 19 Neb., 714. Summons may be served in county other than that where action is brought. 10 Neb., 351. Evidence in case stated, held, insufficient to grant. 10 Neb., 144; 7 Id., 39; 15 Id., 454; 16 Neb., 16, 197. Held, sufficient. 16 Neb., 453; 12 Id., 75; 20 Id., 529. Validity of marriage in case stated, held, sustained by the evidence. 24 Neb., 433. Husband not entitled to divorce on ground of abandonment if it appear that wife was compelled to leave him by reason of his cruel treatment. 25 Neb., 259. On ground of former husband living; evidence; presumption of death. 16 Neb., 553. Petition denied to wife but granted to husband on his answer: evidence, held, insufficient for decree of permanent alimony. 10 Neb., 472. After entry of decree, notice that plaintiff would apply for supplemental decree served on attorney for defendant, held, not sufficient to bring defendant into court; but attorney applying for extension of time to prepare bill of exceptions, held, to be an appearance and waiver of service of notice. 13 Neb., 96. Appeal lies from decree granting divorce. 12 Neb., 73. The fact that incompetent evidence was admitted over the objection of the party complaining, will not require a reversal of the decree, if upon the whole case there was sufficient competent evidence adimitted to sustain it. 21 Neb.. 464. Order allowing alimony pendente lite cannot be taken by appeal or error to supreme court before judgment or decree granting or denying divorce. 18 Neb., 465. Original decree respecting alimony may be revised by supplemental decree; court has no power to decree conveyance of land. 13 Neb., 95. Nor to make alimony lien on real estate. 12 Neb., 212; 14 Id., 186. Alimony reduced in supreme court. 13 Neb.. 273. Alimony allowed in supreme court. 7 Neb., 42; 12 Neb., 76. Question of alimony, after divorce, referred in supreme court. 16 Neb., 456. Wife entitled to dower. 18 Neb, 398. Conveyance by husband to defeat alimony; burden of proof. 18 Neb., 476. Decree rendered in supreme court. 19 Neb., 87. Application to modify decree may be reviewed on error. 19 Neb., 585. Fraudulent conveyance made by husband to wife, set aside after divorce, and, held, subject to lien for alimony. 20 Neb., 50. Fraudulent settlement of case by parties, whereby attorney is deprived of his lien for fees, set aside and amount found due ordered paid into court by defendant. 22 Neb., 77. Provisions of section 4a established the character of an order for payment of alimony with that of a judgment at law, and defendant cannot be committed for contempt upon failure to comply with such judgment. 23 Neb.. 308. Conflicting testimony; finding of court below not disturbed. 7 Neb., 41. General denial is good plea to allega tion of adultery; verdict of jury finding defendant not guilty conclusive; facts may be submitted to jury. 6 Neb., B06. Courts of general jurisdiction have power to set aside divorce obtained by fraud. 24 Neb., 554. Where tried. 87 Id., 535. Alimony on ex parte divorce. 31 Id., 386. Liberally construed; not intended to assist designing bus bands to discard their wives. 42 Id., 612. Alimony should not be awarded in installments. 43 Id., 628. SECS. 4a, 4b. "An act to provide additional remedies for enforcement and collection of judgments and orders for alimony or maintenance. Laws, 1883, chap. XL. Not a charge on specific realty. 42 Neb., 408. Not enforceable by contempt proceedings. 55 Id., 133. liens upon property in like manner as in other actions, and may in the same manner be enforced and collected by execution and proceedings in aid thereof, or other action or process as other judgments. [1883, chap. XL.] 2860 SEC. 46. [Remedy cumulative.] The remedy given by this act shall be held to be cumulative and in no respect to take away or abridge any subsisting remedy or power of the court for the enforcement of such judgments and orders; Provided, Nothing in this act shall affect the title of any bona fide purchaser for value holding by reason of such bona fide purchase at the date of its passage. SEC. 5. [Repealed by 1875, 80. Supplied by sec. 6.] 2861 SEC. 6. [Jurisdiction of district court.] A divorce from the bonds of matrimony may be decreed by the district court of the county where the parties, or one of them, reside, on the application by the petition of the aggrieved party in either of the following cases: First-When adultery has been committed by any husband or wife. Second-When one of the parties was physically incompetent at the time of the marriage. Third-When one of the parties has been sentenced to imprisonment in any prison, jail, or house of correction, for three years or more; and no pardon granted, after a divorce for that cause, shall restore such party to his or her conjugal rights. Fourth-Where either party shall willfully abandon the other without just cause, for the term of two years. Fifth-When the husband or wife shall have become an habitual drunkard. Sixth-When either party shall be sentenced to imprisonment for life; and no pardon shall effect a decree of divorce for that cause rendered. [Amended 1875, 79.] 2862 SEC. 7. [Causes for.] A divorce from the bonds of matrimony or from bed and board may be decreed for the cause of extreme cruelty, whether practiced by using personal violence, or by any other means; or for utter desertion of either party for the term of two years; and a like divorce may be decreed, on complaint of the wife, when the husband, being of sufficient ability to provide suitable maintenance for her, shall grossly or wantonly, and cruelly refuse or neglect so to do. 2863 SEC. 8. [Residence.] No divorce shall be granted unless the complainant shall have resided in this state for six months immediately preceding the time of filing the complaint, or unless the marriage was solemnized in this state, and the applicant shall have resided therein from the time of the marriage to the time. of filing the complaint. 2864 SEC. 9. [Collusion.] No divorce shall be decreed in any case when it shall appear that the petition or bill therefor was founded in or exhibited by collusion between the parties, nor where the party complaining shall be guilty of the same crime or misconduct charged against the respondent. 2865 SEC. 10. [Petition-Service.] A petition or bill of divorce, alimony, and maintenance may be exhibited by a wife in her own name, as well as a husband; and in all cases the respondent may answer such petition or bill without oath; and in all cases of divorce, alimony, and maintenance, when personal service cannot be had, service by publication may be made as is provided by law in other civil cases under the code of civil procedure. [Amended 1869, 28.] 2866 SEC. 10a. [Witnesses.] That either party may be a witness as in other civil cases. [1869, 28, § 2.] 2867 SEC. 11. [Proceedings.] Suits to annul or affirm a marriage, or for a divorce, shall be conducted in the same manner as other suits in courts of equity; and the court shall have the power to award issues, to decree costs, and enforce its decrees as in other cases. SEC. 6. Parties may reside in different counties. 37 Neb, 57. SEC. 7. Evidence, held, sufficient to warrant decree on ground of extreme cruelty. 20 Neb., 537. Cruelty defined. Calling names, 57 Id., 102. Personal violence not essential. 57 Id., 102. SEC. 10. Affidavit for service by publication is jurisdictional. 9 Neb., 191. Personal service necessary to sustain judgment for alimony. 41 Id., 881. Husband cannot have alimony. 49 Id., 516. Defendant may maintain Cross-action for divorce. 57 Id., 102. 2868 SEC. 12. [Alimony pendente lite-Costs.] In every suit brought, either for a divorce or for a separation, the court may in its discretion require the husband to pay any sum necessary to enable the wife to carry on or de fend the suit during its pendency; and it may decree costs against either party, and award execution for the same; or it may direct such costs to be paid out of any property sequestered, or in the power of the court, or in the hands of a receiver. 2869 SEC. 13. [Restraint.] After the exhibition of the petition or bill in a suit to annul a marriage, or for a divorce, whether from the bonds of matrimony or from bed and board, the court may at any time, either in term or vacation, on the petition of the wife, prohibit the husband from imposing any restraint upon her personal liberty during the pendency of the cause. 2870 SEC. 14. [Custody of children.] The court may in like manner, on the application of either party, make such order concerning the care and custody of the minor children of the parties, and their suitable maintenance, during the dency of such suit, as shall be deemed proper and necessary, and for the benefit of the children. 2871 SEC. 15. [Same.] Upon pronouncing a sentence or decree of nullity of a marriage, and also upon decreeing a divorce, whether from the bonds of matrimony or from bed and board, the court may make such further decree as it shall deem just and proper concerning the care, custody, and maintenance of the minor children of the parties, and may determine with which of the parents the children or any of them shall remain. 2872 SEC. 16. [Same.] The court may from time to time, afterwards, on the petition of either of the parents, revise and alter such decree concerning the care, custody, and maintenance of the children, or any of them, and make a new decree concerning the same, as the circumstances of the parents and the benefit of the children shall require. 2873 SEC. 17. [Real estate.] Whenever nullity of a marriage or a divorce from the bonds of matrimony for any cause shall be decreed, or when the husband shall be sentenced to imprisonment for life, and also upon every divorce from bed and board, the wife shall be entitled to the immediate possession of all her real estate in like manner as if her husband were dead. [Amended 1887, chap. 38.] 2874 SEC. 18. [Same.] Upon every such dissolution of a marriage, as is specified in the preceding section, and also upon every divorce from bed and board, the court may make a further decree for restoring to the wife the whole, or such part as it shall deem just and reasonable, of the personal estate that shall have come to the husband by reason of the marriage, or for awarding to her the value thereof, to be paid by her husband in money. 2875 SEC. 19. [Trustees.] Upon every divorce for adultery committed by the husband, and upon every divorce from bed and board for any cause, when any personal estate of the wife, or money in lieu thereof, shall be awarded to her, as provided in the preceding section, the court, instead of ordering the same to be delivered or paid into the hands of the wife, may order it to be delivered or paid into the hands of a trustee or trustees, to be appointed by the court, upon trust, to invest the same, and to apply the income thereof to the support and maintenance of the wife, and of the minor children of the marriage, or any of them, in such manuer as the court shall direct. SEC. 12. Court may order husband to pay into court a reasonable sum of money, to enable wife to prosecute action, where she seeks modification of decree, alleged to have been obtained by fraud of husband. 19 Neb.. 587. Action for maintenance only. 27 Neb., 277 Cited 29 Neb., 457. Remedy exclusive. 31 Id., 781. Amount discretionary, when it may be decreed. "Pendency" of suit defined. 50 Id., 78. Separate suit by wife's counsel against husband not maintainable. 50 Id., 310. SEC. 14. See note to chap. 34. SEC. 18. SEC. 15. Application to modify decree of divorce may be reviewed on error. 19 Neb., 586. 44 Neb., 881. |