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Placed in Charge of Carroll Bank Assistant Receiver W. R. Scribner, who is in charge of the Merchants and Citizens State banks here, has been placed in charge of the Carroll State bank temporarily, which will give him three banks to look after.
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1. Receiver of banking corporation has full right and lawful authority to prosecute an action to collect constitutional stockholders' liability for benefit of creditors Const. art. XII. sec. Provision of Constitution as to stockholders' Provision of relating to remedy to stockholders' stockholders of bank. applies even though such liability accrued prior to its adoption. No rights are impatred by statutory provision which creates remedy for an existing Constitutional double liability of stockholders insolvent state bank could not be enforced prior 1930 until bank's had been and due had been judicially deter- 28718 State ex rel Sorensen Ameris ican State Bank, Springfield (Grell). trict Judge. District Judge, dis deposit of money in bank under contract or understanding that the same shall be held intact and returned in specie to the depositor is special dent deposit of money in bank un. der contract or understanding that shall be held and used for special purspecific deposit. ing Where trustee was appointed by the court over fund be paid over instalments third person. and by the the fund was trict to be in certain bank which was and general manager. further order of the der court, of trustee and cestui que trust was created the bank and such third person. In such case the sum became specific deposit made for special purand was trust fund payable out of funds in the hands the of such bank upon insolvency and pay able preference to the claims of other 28731 Parker, Receiver V. LuehrAffirmed mann. part: in part. Chappell, District Judge. claim against an mentioned Comp St. 1929, the liability de some future which or not happen, and which therefore. makes wholly whether there ever will be liability In the of claim, the contingency does not retate simply to the amount which recovered but (2d to the uncertainty any will ever due In Estate of 121 Neb 737. 238 N. 358 When the of duly appointed by the district court, contingent for double liability against the estate deceased stockholder the filing of such claim does not vest the county with over and deprive the the right to proceed in the district court determine the liability of the of such stockholder, and make the allowance the claim absolute county court proper defendant for that N. trust of an administrator or continuing and deof final accounting does not dethe relationship such officer but only him from liability for the past. Hazlett Estate of Neb. 613: Brownell Adams, 121 Neb. 301. 236 750 Sections and art. XII of the must be construed toself-operating and gether. self-executing the of individual liability stockholders can be had by the under direcof the must be first judicially ascertained that the the bank have been ed. ed. and the amount of deficiency debtedness remaining be enforced against them. Such judicial determina tion does not fix the liability of such stockholders, but is only necessary step to be taken by the receivership court before an can be brought by the judicially the Rogers Selleck, 117 Neb 221 W. 702 of enforce stockholders of an corporation upon the rule obtaining in this state that equity has jurisdiction of an action by against all the stockholders of corporation jointly to enforce their contractual or statutory liability Brownell Adams, 121 Neb. 236 W. 750 The appointment of receiver and judicial determination deficiency assets the does not vest that court with jurisdiction to try an equity sult for the purof the of authority is given by the to the liability of stockholders, if none of the stockholders resides the county where the receivership court acts, or service cannot legally be had upon one or more of them in that county, such suit may be brought by the receiver against all the stockholders in the court of any county in this lawful can be had upon service more of them. 7. An against heirs recoyer real or estate which has been by them as distributees of an and which liable for any debts under of the statute with reference to contingent claims (Comp. St. 1929. ch. 30, art. 1) is not an original action but special proceeding for and collection of the enforcement claim allowed established in the Horst McCormick Co., county court. 30 Neb. 558. 46 N. W. 717. 28733 McDonald, Admx. Wright. 28832 Appeal, Washington Reversed and remanded. Where the evidence is in conflict and that reasonable might different as to comnegligence of parties, question is for determination of jury In a case involving comparative negligence, an instruction that plaintiff may recover if it is established by pre- 28844 ponderance of evidence that defendant was guilty of gross negligence, "unless you find that it affirmatively appears by preponderance of the that plaintiff's son (decedent) was also guilty of gross negligence,' prejudicial- 28744. Green V. Fiester. Appeal, Adams. and remanded with directions Where there contract for specified sum to furnish the labor and the material for repair of building. defailed account not necessary 28766 Reals Douglas Affirmed. Day, evidence does not disclose contributory negligence on part of plaintiff. an instruction should not be on negligence. If an erroneous is which issues jury without support the evidence and there was no prejudice complaining party. it not reversible Evidence of condition of heart admissible under allegation of petition that plaintiff injured by negligence defendant which caused disability where such disability consists in part of weakened heart resulting from pneumonia contracted because In personal injury action plainLiff may for damage which proved by of evidence, including pain and suffer 28781. Treppish State. Error Holt Reversed and remanded DisJudge Evidence and held insufficient to sustain the verdict of murin the second degree. Corpus defined. as, "The substantial and fundamental fact facts necessary to of crime. Webster's New International Dictionary. delicti is not esuntil that hubeing dead, and that death curred as the of the criminal agency another When, in criminal case the eviis circumstantial the circumstances established must. to warrant be to exclude every reasonable hypothesis except that of defendant's guilt fact that the deceased died warrants an inference that he for the state that his death was the result of criminal act, and, until proved. presumed that from natural Underhill Evidence ed.) 541 An order excluding prospective from the courtroom during the trial of cause, except when called testify is entirely within the discretion of the trial judge When such has been made, is the duty of the officers of the court to see that is Where, however, witnesses the through misunderstanding of extent of the and without edge of the may be permit ted does not appear that defendant's rights will be thereby. the duty of trial court to expedite the trial of case much is without infringing the rights of the parties to complete and order of all the facts and circonnected the and effort on his part for such purposes does not constitute error. Complaint the brief that improper prejudicial remarks made the prosecuting attorney in his the jury will not considered where the remarks do not appear in the bill of exceptions 28784 State ex rel Sorensen Cit. izens Bank, Stuart. (First National Bank, Omaha). Appeal. Holt. AffirmDay. Knowledge of president and man aging officer of bank will be imputed to the bank when officer is acting for the When has knowledge of ownership of fund in its for which has parted with fund is trust for the owner Finding of fact in another case different parties upon other or different evidence, which not part of the record. cannot be by the court. 28871 Joyce Lumber Company Anderson. Appeal, Dawson. Reversed and remanded directions. Day, Intangible tax returns shall be filed with county assessor county taxpayer is domiciled. Comp. St. 1929. 77-703. 28846 28847 28848 28849 28850 Luikart, Rec. Merchants State Bank, Winside, Tidrick Claim of Tyler Estate of McDougal. In Claim of Hansen Hansen McDougal. Brownell, Rec. Bank of Waterloo Sunderlin. Mitchell Dist. Farmers Irrigation Dist. 28852 Creamery Co. Kizer 28853 Savings Assn. Martin. 28854 Haskin Langdon. Branham Hoover State. Waller, First Trust Co 29012 Torgeson, Recr. Dept. Trade & 20013 Torgeson. Recr. Dept. Trade & Commerce 29043 Hensley Chicago. St. P., M. O. Ry. Co.