Counties-concluded.

..........................................

such cases are conclusive unless reversed or set aside on
appeal. State v. Churchill......
2. Where the cost for a county bridge exceeds $100, contracts
for the erection of the same must be let to the lowest com-
petent bidder after due advertisement stating the general
character of the work. State v. Cunningham..........

County Boards. See COUNTIES. HIGHWAYS.
County Courts. See APPEAL, 1, 5. JUDGMENTS, 7–10.
County Judge.

By neglecting to prepare transcript when ordered, cannot
thereby defeat appeal. Omaha Coal, Coke & Lime Co. v.
Fay

Court of Impeachment. See IMPEACHMENT.

Courts. See LIQUORS, 1. OFfice and OFFICERS. STATUTES,
4. SUPREME COURT. VILLAGE BOARDS.

1. Where courts of equity have assumed jurisdiction of a
particular class of cases their jurisdiction in such cases will
continue notwithstanding, in the development of legal
means, redress becomes attainable in courts of law. Smith-
son v. Smithson..........

702

687

68

535

2. State courts have jurisdiction in actions brought to recover
the penalty provided by the acts of congress for the charg-
ing and taking by national banks, for the loan of money,
a greater rate of interest than allowed by the laws of the
state of their domicile. Schuyler Nat. Bank v. Bollong ... 620
3. It is not the object of the Code to abolish existing reme-
dies in cases where no provision is made therein for the
prosecution of actions. Cases involving substantial rights,
which are clearly outside the provisions of the Code, may
be prosecuted in accordance with the practice previously
recognized in courts of common law and equity. Smith-
son v. Smithson...........

4. A person procured a divorce from his wife by decree of the
district court of Fillmore county in 1878 upon constructive
service. In 1889 the latter commenced an action in the
district court of Douglas county to set aside and annul the
said decree on the ground that it was procured by means
of perjury, and for a divorce on the ground of desertion
and failure to support. Held, That the cause of action is
primarily to vacate the decree of the district court of Fill-
more county, and that the district court of Douglas county
does not have jurisdiction thereof. Id.................

535

536

Criminal Law. See BILL OF EXCEPTIONS, 1. COSTS, 2, 3.

HOMICIDE.

1. Any circumstance tending to establish the prisoner's guilt
may be proved, although it was brought to light by an ad-
mission of the prisoner, inadmissible of itself as having
been obtained by improper influences. Taylor v. State..... 788
Assignments of error involving rulings on the admission of
testimony cannot be considered in the supreme court un-
less the rulings and testimony have been preserved by a
bill of exceptions. Vincent v. State............

...

.....

672

625

788

3. Before a person can be lawfully convicted of being an in-
mate of a house of prostitution there must be introduced
in evidence a valid ordinance forbidding persons from be-
ing inmates of such houses. Perry v. State...................
4. A confession receivable in evidence, only after proof that
it was made voluntarily, is restricted to an acknowledg-
ment of the defendant's guilt, and the word does not
apply to a statement made by the defendant of facts which
tend to establish his guilt. Taylor v. State..............
5. Only such intimate acquaintances of a person accused of
crimes as have seen him almost daily for several months
preceding the date upon which the alleged crime occurred
are competent as non-expert witnesses to testify as to the
sanity or insanity of the accused. Shults v. State............ 481
6. Such testimony, however, must be strictly limited to such
sanity or insanity, and confined to those occasions upon
which the witness testifies to having observed the conduct
and appearances of the individual whose sanity is the sub-
ject of inquiry. Id...............

7. It is reversible error to instruct the jury in a criminal case
that "evidence of good character is entitled to great weight
when the evidence against the accused is weak or doubtful,
but is entitled to very little weight when the proof is
strong," as it invades the province of the jury. Vincent
v. State....

8. Grounds for a new trial based upon the inability of a court
reporter to transcribe his notes of testimony should be pre-
sented to the trial court. The jurisdiction of the supreme
court to grant a new trial in a case tried in the district
court is appellate only. Id..................

9. Where a person has been convicted at the same term of
court of several distinct offenses, each punishable by im-
prisonment in the penitentiary, whether charged in sepa-
rate informations or in separate counts of the same infor-
mation, the court may impose a separate sentence for each

482

672

674

Criminal Law-concluded.

offense of which the prisoner has been found guilty. In
re Walsh...

10. In such case the judgment should not fix the day on which
each successive term of imprisonment should begin, but
should simply direct that each successive term should
commence at the expiration of the one imposed by the
previous sentence. Id.

11. If the same offense is charged in different counts of an
information, and there is a conviction on each count, but
a single sentence should be pronounced upon all the counts
for the one entire offense. Id.

12. To an information containing two counts, one charging
the defendant with the forgery of a certain bank check,
and the other with the uttering of the same instrument, a
general plea of guilty was entered. Thereupon the court
sentenced him upon the first count to imprisonment in the
penitentiary for the period of one year from the 9th day
of May, 1892, and upon the other count a like imprison-
ment was imposed for the term of one year from May 9,
1893. By good conduct the prisoner saved two months
of his first sentence, and having served out the term under
such sentence, he applied for his release on habeas corpus.
Held, That the second sentence was illegal and void, and
that he was entitled to be discharged from further impris-
onment. Id..........

Criminal Negligence. See RAILROAD COMPANIES, 4.
Crops. See LANDLORD AND TENANT.

Cultivated Lands. See ANIMALS, 4.

Custody of Infants. See PARENT AND CHILD.

Custom and Usage.

454

455

No custom or usage among bankers as to the manner of pre-
senting ordinary checks for payment will relieve them
from the legal duty of presenting such checks for payment
within a reasonable time. First Nat. Bank of Wymore v.
Miller.......
501

Damages. See ANIMALS, 1-3. DEATH BY WRONGFUL ACT.
EVIDENCE, 5. NEGLIGENCE, 2. NEGOTIABLE INSTRU-
MENTS, 2. REPLEVIN, 2. SALES, 7, 9. WATER COM-

PANIES.

1. In an action for personal injuries, mental suffering and
anxiety caused by a physical injury are elements of dam-
age whether or not the injury was due to the willful act
of the defendant. American Water- Works Co. v. Dougherty, 373

Damages-concluded.

2. Consequential damages from breach of warranty in the
sale of chattels cannot be recovered where the purchaser,
by exercising ordinary prudence and judgment, could have
avoided the consequences complained of. Omaha Coal,
Coke & Lime Co. v. Fay

8. In an action for breach of warranty in a sale where only
consequential damages are claimed they must be specially
pleaded, and in such cases the jury should be confined by
the instructions in assessing the amount of recovery to the
consideration of such damages as are so pleaded. Id.

C9

4. Where the law provides a definite measure of damages the
court should instruct the jury specifically how the dam-
ages should be assessed, and an instruction stating a gen-
eral principle in the admeasurement of damages, broader
than is applicable to the particular case presented, and not
qualified by other instructions, is erroneous. Id............. 68

Death by Wrongful Act.

In an action by an administrator under the provisions of
ch. 21, Comp. Stats., to recover damages for the death of
his intestate, it is proper to prove the value of the services
of the deceased, which the next of kin of the deceased
could reasonably expect, but for the injury, would have
been rendered in their behalf, the natural expectancy of
life of the deceased just previous to receiving the injury
which resulted in her death, having been duly shown. Mis-
souri P. R. Co. v. Baier..........

Deceit. See FALSE REPRESENTATIONS.

235

Deeds. See EJECTMENT, 1. EQUITY. INSANITY. MORT-
GAGES, 3.

Default. See JUDGMENTS, 6. NEGOTIABLE INSTRUMENTS, 3.

Defect of Parties. See PARTIES.

Defective Pleadings. See PLEADING, 1.

Delivery.

Unauthorized delivery of written contract does not bind

obligee. Henry & Coatsworth Co. v. Fisherdick............................................. 209

Demurrer. See PLEADING, 1.

Descent. See STATUTES, 1, 7.

Description. See CHATTEL MORTGAGES, 3, 4.

Detainer. See FORCIBLE ENTRY AND DETAINER.

Diligence. See BANKS AND BANKING, 4.

Discovery of Fraud. See STATUTE OF LIMITATIONS, 2.
Discretion of Trial Court. See PLEADING, 2. TRIAL, 5.
Dismissal. See ELECTIONS, 4. JUDGMENTS, 6.

1. An appellant in the district court may dismiss his appeal
from a justice court without the consent of the appellee
any time before the cause is submitted to the court or jury.
Eden Musce Co. v. Yohe.....000.000

2. Where it does not appear from the transcript that a final
order has been rendered, the petition in error in such a
case will be dismissed. Smith v. Johnson..

Disorderly Houses. See CRIMINAL LAW, 3. MUNICIPAL
CORPORATIONS.

District Courts. See COURTS, 4.

Divorce. See CONTRACTS, 2. COURTS, 3, 4.

1. A wife may condone the cruelty of her husband, but the
husband, to avail himself of such condonation, must es-
tablish the same by clear and satisfactory proofs.

McCon-

2. When the evidence upon which a decree has been entered
is conflicting, the finding of the district court will not be
disturbed upon appeal if there is sufficient evidence upon
which such decree may be fairly based. Id.................................
3. In a proceeding for a divorce the statutes of Nebraska
recognize the right of each party to reside in a county
different from that in which the other resides. Whether or
not they so reside, is a question of fact to be determined
upon the evidence. Id.

4. In the allowance of alimony upon the awarding of a di-
vorce much discretion is necessarily conferred upon the
district court, and the supreme court will not interfere on
the ground that the amount allowed is excessive unless
there appears to have been a clear abuse of discretion.
Allowance stated in opinion sustained. Wilde v. Wilde... 891
5. A petition alleged that the defendant therein, plaintiff's
husband, in the year 1878, procured a decree of divorce
in this state by means of fraud and perjured testimony.
At said time and until recently the plaintiff resided in
Pennsylvania; that the only service upon her was by pub-
lication in a local newspaper; and that she was not aware
of the whereabouts of her husband or of said action or