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Ill 10 OMAHA SI MA lihh: SO J.MlJhU ,5, KM J.
Proceedings of the Supreme Court Opinions filed September 2S, 1912. 1W7. Hoffman ajralnst Chleoxo & North western ittuttthy i-vmipaii) . opta. irum lloit. iteversed and remanded. Hob?, J., lelton, j., concurring in part; Kawpclt, J., concurring sepal ately. lUese, U. J.. dlssenUng. 1. In an action against a railroad com pany lor negligence causing the death of a brakeman earning fx) a tnontli ai tho ajjo or te, a erdici In tavor of plain tiff for UV.wJ held excessive. 2. In an action against n tallroad com pany tor causing tne death of a brake contract, must be constrnJ with a view of earning out the Intention of tho testa tor, and unless therv Is something In il contrary to tho law of the sintt. or In contravention of public policy, It will not bo declared Invalid. (s?t. James' Orphan Asylum against Shelby, W Neb. 2. Tho testator was Uie owner of n 840 acre farm In rieasant Vruiry township, otherwise dfsctlbed as th west half of the northwest quarter of ectl"n thirteen, and the south h.ilt of the northeast iiunr ter. nnd the east half of tlx- southeast quarter of section fourteen, nil tn town- man by backiiiK a ear asil ist Idm In tilu 8hl,, . "vc ut of the SkI I time evtdenco that thorJ was. o i""1 VTnem meridian. In Dodge county, ffnt In the clr that thwi no K on whlch tteMvd his two sons, Joseph JUki Siw.r!, Vi. ,. ?n? ra.7.V "ey1 and Thomas J. Heywood. who 1 n, "niV,Vf,Jl ?, tT ,w11 t" w" farming tho same and to whom ho ?n wlL t i r.8n'J'e, imSS"c. .i desired to devise tho said farm subject iil,iu.. J ,5lc us.tom.,U lrln.K .f,11,?,'.1 to the life ivstate of his wife, Kntherlne XhrJlln., p."?vu ""'V Hey wood, nnd he so informed the witness negligence, where decedent was an expert- ,..v, .r..r,...i n, -m ..a ...v, .,.. ...,.. encea biakeman famldar with the switch- a itU draft of the proposed will from ' yards and with tile methods ot switcii.UK which ne shortlv nfierwnnls t.peD.u-.Hl thu t l-i f yttl n a till -y.tr u as I it r-u1 tt-kilu Krivool iV t ..... . . . - . . . . . .................. ...... .i.,, , win useii, leaving out or it one or tne a switch-track In tho .private switchyards ' thrco -lulules which constituted Uie farm: threo clnhtles which constituted the farm; nt h, ti..n llin uai moriu llrt trtatfitm , work, theie being nothing to show that ol,iy owntd one- farm "In l'leasatit Valley the car was not being moved in tne : usual township.' and ho owned In township and ordinary manner. Heese, L. J dls- I laiitl above described and no oilier hind In snts, I lad above described and no oilier land In ! ltrioS. banford against baunders county. I mat township, so that the land Is Idontl Appeal from Baunders. On motion for iCd with the particular farm Intended to rehearing. Former judgmen of nlflriii- bo dovlsed to two particular sons so nnoe vacated and set ojhle. Judgmunt uunied in the will. district court reversed and cause re- 3. Whero tho intention of tho testator Is manded. liarnes, J Kuwcett and Hatner, to bo gathered from tho will Itself and J. J dissenting In part. Letton, J., dls- tiom the exttinslo evideiico of facts sur- 1 sents. itobe, J adheres to former optti- rounding Its execution, such extrinsic evl Ion. Heese, C. J., not sitting. 'dmce Is tulmlsslblo for the purpose of 1. The dower interest of uie widow In ascertaining whether a state ot tucu the estate of her deceased husband, existed at tho time tho will was written whether taken under his will or by ; whim corresponded with the words used opcrutiou or law. Is not subjoct to an in-' and the nimof the testator. Such evl heiitanco tax. " ! denco may not be admitted to vary tho ' 2. 1'ormer opinion In this case, 90 Neb., uetms or the will or to add Anything to 410, modified. it so ns to arrive at an Intention not ex- 1 16620. Carpenter against Schnerle. Ap- pressed In It, but to hurmonlso the lan- I peal from Frunklln. Heversed and re- kuoko used by tho testator with the facts ..... 1 ,,.1.1. .ii..,i., n imihi n referred to. and thus to arrive at the nrntiml InlunGllon niminst both dc- testator's Intention as cxpressetl in tho fendants as Fawcett. lotion, J.. . not Bliunt,. . 1. Kvldenee pxnniliied nnd found to SU3- I Inltinctlon niminst both dc- lesiaiors iiueiuion as cxpresseu in uio ls nraved n X "tiff's petition, will, and a ruling which mokes the will J. P Sedgwick?''1 j '"d.sse'ntlng. SSSm'S? raUU ,nc0'wl8lcnt 18 ,,ot 10 to 1.. Slight deviations from tho lino ot public travel to avoid mud, pools, or natural obstructions will not necessarily prevent tho establishment of a highway by proscription, especially so when It ap- tain tho judgment or the dlstilct court. 1 16728. Critcs against The Capital Fire Insurance company. Appeal from FVun.lt lln. Affirmed. Ietton, J. 1 1 Whom In.itHinnn nnnntiv rnlloR ears that the naturul obstructions have n9 ft d(;fenso UU011 xuiso representations ecn removed and that tho roadway has ,a,i0 (n unswerB to ((uestlons In nn nli- been used without interruption or sub- pncaton lor insurance It has the burden stanUal change, for more than ten years t0 pea(1 aml provo tnat t,0 unswers were 2. Where a landowner notifies the pub lo maUo as wrtten tho application. 1 to cease traveling a road across his lands, 2. An Insurance contract provided' In and in lieu thereof to travel over the balance that If default bo made In pay-1 aectlon line road along the edge of his ment 0f tle note given for the premium I land; and he and his grantees, sub. tne insurnnco should cease. Tho noto, sequently, for a period of ten years, per- wa9 mRde payttijio at the office of dc- mit publto without Interruption to travel fendant company In Lincoln. Prior to 1U nlong said section lino oyer a strip of mftturlty It was sent to a bank nt Bloom-, land Ubs than two rods In width, suoii mKton for collection. Tbe maker went acts will bo construed to constitute n. t()' tno bank at ttB customary hour for' dedication of such strip of land as a Op0njng on the day of maturity, prepared publio roud. to pay the noto and walled for neatly' 8. In order to constitute a highway by -m an n0ur; no one appearing ho went dedication, it is not nocossary that tho to his work. Tho property was burned oftor of dedication be accepted by the i.otween 10 nnd 11 o'clock that night, public Itself, and the acceptance by the Held, that having used duo diligence In public itself Ib shown by its entering upon attempting to pay the noto at tho place the land and enjoying the privilege of- selected by tho Insuranco company ,andi fered, by- user.- the day not having expired when tho 16660. Harris against Lincoln & North- property burned tho liability of tho ln- western Railway company. Appeal from suranco company upon tho policy con Lancaster. Heversed and remanded, tlnued In force, ' Barnes, J. Sedgwick, J., concurs In 16730. Forrest against Nebraska Hard-) th result revers.ng tho Judgment. Letton, Wftro Co. Appeal from Lancaster. Af-1 ., concurs in part and dissents in part, firmed and remanded, Reese, C. J. Reese, C. J., not sitting. , , Transaction between stockholders and 1. Tho measure of damages for perma- members of tho board of directors of a nent injury to land occasioned by the corporation, by which the property of tho necessary and proper construction of a corporation is transferred to one ot such railroad, no part of tho land having been stockholders and directors, when at taken, Is the difference In the market tacked by another stockholder, will be value of the property Immediately before examined by the courts with caro, and and immediately after the construction when a want of good faith, fraud or of the Improvement, unaffected by any inadequacy of consideration Is shown, Increase or depreciation of values gen- uch salo will not be upheld. But where erally, in the samo vicinity. the proposition of purchase Is made to 2. In such case the reception of evidence tho board and accoDted and also sub of the fair and reasonable vnluo of the mltted to a meeting of the stockholders land immediately before and Immediately nnd accepted by a majority of them, and uftcr the overflow Is reverslblo error. the transaction appears fa.r and free from 3. In an action for damages tp land fraud nnd upon a reasonable conslder nnd growing crops by flood waters of a ntlon, a com t of equity- will not declaro. stream, subject to overflow from natural such salo Invalid. ..n,,oA nnH whIMi It -la AlllrpI .WflTA - 9 Wh-fA In n nmn.i nrHfin It In nhnwn I thrown upon tho plaintiffs" larjd by the, that the managers and head officers of . negligent nnd Improper construction 01 a a corporation nave uniawiuny wiumrawn railroad nearby and adjace.U thereto, the tho funds of such corixiratlon and applied burden of proof Is on the platntltts to them to their own use, a receiver will bo show that tho construction complained of. appointed ta tuko charge of the atrnlrs ither caused such overflow Or Increased of the corporation unless tho Hinds, bo i Ja,t n Ti nm mnnnr contributed withdrawn are restored and the corpora. the same, or n sotno munn. r ont"uut'1 tlon and stocknolders nro Indemnltl.'d eentof'fnoVncre'ased 'overfl'owTt any jft further iUegn. acts by such ortl and the amount ot damages caused 3 ,s thQ duty of tno mnnaBlnB offl. inereoj. fnA t. cera or a corporation to consult, protect i. Evidence examined, and found In- (1 congen.e'tne interests ot all stocki sufficient to sustain tho verdict. 'holders, alike and without discrimination. 166u?. Marsh against Village or IVenton. DiSCrlmlnatlcn against a stocknoliler by Appeal from Hitchcock. Aftlrmed. llamer, Which the value of his stock is unjustly J. Sedgwick, J., concurs only In result depressed will justify tho Interposition ot affirming Judgment. Rose, J., dissents. a court 0( equity and tho unlawtul nets 1. Upon an appeal from the Judgment or o( BUcn managers will be enjoined. the dlstriot court under section S978. Ann. 4i lio expense of correcting tno mun Bt. 1SW7 (sec. 4, art. Ill, eh. 13. Comp. St. ageinent ot tho financial attalts of a ccr 1901) to detach territory from a village noratlon by suit in court, or In case or tho Judgment of tho district court will bo failure thereof, tho appointment, or a re aftlrmed unless It Is made to appear celver. Including the compensation of that tho trial Judge committed an tmpor- counsel, may be chargeable against tho tnnt mistake of fact or made an erroneous uefendant corporation. Inference of fact or ot law. Blscnlus wa. Ureediove against Gates. Appeal against City of Randolph, 82 Neb. 520: I from Boone. Alflrmcd. Barnes. J. Gregory against Village of Franklin, 77 1. if a servant, on account of his youth, Neb. 62: Mlchaelsen against Village or'iack 0r prudence and "understanding and Tliden, 72 Neb. 7H. , because of want ot proper instruction, 2. Kvidonce examined and found to sub- j fttug tQ roperly appreciate the risks In tain the Judgment of tho district court. volved In certain labor which ho Is com- 16665. Heywood against Heywood. Ap- nianded by tlve master to perform, and peal from Dodge. Affirmed. Uamer, J. m injured, tho master will be liable. Ittner Rosa and Sedgwick, J. J., concur- In re- urick Company against Kllllun, 67 Neb. null aUlrmlng Judgment 689. 1. Tho provisions ot a will, llko all other 1 2. Thoro Is no presumption that a child of 9 years has an much prudence and You Should Have Seen the Pimolas . , . . 1 a, where a boy 0 years old undertake But Now Her Faco Is tlio Fairest ot aangerous work In obedience to the com- understanding as an adult, and where such ctuld has been Injured while en gaged In dangerous work which he has been commanded to do. It Is for the Jury to Bay, considering his age and experi ence, whether lie assumed the risks of his employment. tho Fair, Due to Stuart's Calcium Wafers. Thoso dimples, aro like pearls In a ruby cluster when Stuart's Calcium Wafers clear the faco of every pimple, spot and blemish. And even If you haven't dlm iiIm. the clear, transoarent skin of a heathy. Calcium Wafer complexion Is fr.Vke gafnstMcDodald. Appeal irom v-nerrj-, Aiurmca. jetton, J. mand of tho master, the law will not deny him relief on the ground of contributori- negllgence. unless the danger was so manliest and glaring that It must havo been known to one o his age und expert enco that he could not do it without In- "titecord examined and found to bo wltliout error In giving and refusing to give inetruotions. 5. An Inconsiderable variance between tho pleadings and the proof will not re quire the reversal or a Judgment unless it appears that the party compialnlng was thereby surprised or misled to his dis advantage. 16761. fcixcliaiiKo Bank1 or Ong against Clay Center State bank. Appeal from Clay. Reversed and remanded, Fnw cett. J. "The cxlstcice of u written contract or Instrument, duly executed between the parties to an action and delivered, does not prevent the party apparently bound,1 thereby from pleading and proving that contemporaneosuly with the execu tion and delivery of such contract or in strument the parties had entered into u distinct oral agreement which constitutes a condition on which the performance of the written contract or agreement Is to depond." .Norman against Walte, 30 more radiant than tho deft touch of an artist to the most exquisite water color. Stuart's Calcium Wafers act directly upon the sweat glands of the skin, since their mission Is to stimulate the excre tory ducts. They do not create persplra- A resulting trust will not be declared upon doubtful tnd uncertain grounds and the burden Is upon the one claiming the existence of the trust to establish the facts upon which It Is based by clear and satisfactory evldenoe." Veedtv against McKlnley-Lonnlng L. & T. Co., tlon. but cause the skin to breathe out . in i.h ftv. vigorously, thus transforming persplra- j 10758. Cooper against Coad. Appeal from tlon Into a gaseous vapor. The calcium Dawta. Affirmed. Fawcett, J. sulphide, of which these wafer, are com. J BvWence andned fi and et in jjonfu, suiwuinw un isenu iiui mnn general agency on tne pan or ueienu sweat glands and pores, hence the blood makes a new, smooth skin In a surpris ingly short time. You will never be ashamed to look at yourself In a mirror, once you use Stuart's Calcium Wafers. Nor will your friends give you that hinting look, an much as to say for goodness sake, get rid of those pimples. There Is no longer any excuse lor any ant's agent for the sale ot the horses in quesMon, and sufficient to justify piainiui in aeaung witn mm as sucn. 2. And that the services rendered by planltlff were reasonably within the scope ot the business In which defendant's agent was engaged. 1(769. Cooper against Hall. Appeal from Dawes. Affirmed. Fawcett, J. No sylla. bus. 16761. Case against Haggorty. Appeal from Saline. Aiflrmed. lieese, C. J, A win urvura inq uwj ui ceruun rc&4 one to have a face disfigured with skin ng htf fe and provlaed tnRt al her eruptions; when It Is so easy to get rid or death the land should descend to his them. Simply get a box of Stuart's Cal- three ohlldren. naming them, share and . ' ? 0 , nH t.v. share alike, and that should either of clum Vaers at any drug store and take eald dl(1 bef the death of the them according to directions. After a few widow, the portion that would have gone days you will hardly reoognire yourself to such decoased child should descend to . . r-v,- rhnjien wtu delight her children share and share alike. Upon In the mirror. The cnango will awxtii tne )Jefttn 0j the testator the will was ad- you Immensely All blemishes will dls. rnltttd to probate. One of the children iirwLr executed a .mortgage on her undivided . , .- -.11 a. ,,-. f..i.im Interest In said property and thereafter All drugsUts sell Stuarts Calcium dlt)d dur)ng the lifetime of the, widow Wafers at 50 cents a box. Advertisement leaving surviving children. Held, that as against the heirs oc tno mortgagor the mortgage crrnted no lien upon the un divided giie-thlid of said land, and was not subject to foreclosure ltrrTl. American Smety Company ngalnst Vlnsonhaer. Apix-al trom tHiuRlas. At ttrmtd. tiedgwick, J. 1. 1110 deiemlnnt held tho nfflee ot county Juoge ror thi-eo successive ternvs; tno pauntiif whs surety on his otticim iMinds. 'the agm-menl between tnem won that uie (leuiHiuiii siioilld Inueinnuy the county and save It luumtess tivin uli cioims, etc.. arising out of tho surel) - ' ship, and should piuce tho surety In funds : to meet any claim, etc., "betoro it suull 1 bo leuuiied to Pay the same." The de- ' tendnut as prlnciiwil nnd the plaintiff na surtty were sued uy tho county lor tho alleged unlawful detention ot tees by tne aetendant: It wan lotind that tun county had hu Ijiiuso 01 anion and the suit wiu I diMiusseu. Alterwaiils the pinintitf bo gun lhl-1 action to recover tiom iletenduul bey's ti-es und other cxpeiise-i In tletrnd- 1 mg the vrtKuirtl suit, it appealed Horn' tho petition mat the defendant hereiil em 1 piojed cuuuel mid ueieliued the original ! sua, ami it was not aliened thut this ue- , teiidant lwui mil id to Indemnity tha piaiii tin, and p. ace the p.aintlH in tunas tu ! meet all ciuinis arising out ot tno surety bnlp as ugix-ed, or unit theie waa any I real or apihirenl necessity ot inuurring tne exivenstv sued tor, or that tno surety laid uuy reaaou to or Hid couslour turn Much expenses wero necessary tor Us pm tecliou. nnd, that U10 petition toiled to statu a cause of notion, and tluit u. general dtmui-ier thorotu was rigntly sub tallied. 2. .liso held tliat tho surety tinder the nucgeu coiititut was entitled to on pio teeted iiguiusl all iioeessiiry exioiifu )n uuiieu 111 iieienulng uselt ugultisl iluulllty on these bonus, iuuI sa-Uid un lulowed tu exeidbo a teusoiiabiu dlscietlou as to liecoiskary mcmuivs of tleieiise, 3. Aiso that when tno petition Itself in dicates that tha expenses Biied lor were unni.-eeus.iiy, and no cilcuiiistauces ore alleged allowing any necessity tlteieioi-, or tnut tho sutuiy had any reuson Ur, or nd, .regai'd such expenses necessary, Uieie can be no recovery. imii. Keu willow v.uuuiy ngnlnst Peter son. Appeal trom Kid Willow. Kovirsed and dlMiussed. Reese, C. J. Rose, J took no part in the decision. Uy thu provisions oi section 6, ch. i. Oomp. St. ion. a sherirr Ih not required to leport und pay over to tho county tieus uicr mileage fees, they being expressly excepted m this taction. 17010. lloxa uRulnut Uoxa. Appeal from Saline. Modified and affirmed, ilamer, J. 1. The ovldenco examined and held to Justify a decreo of divorce upon the mounds ot extreme cruelty and naDltUul druukenexs. 3. It is also held that tho plaintiff Is tho only proper custodian of tho two children who at tho time of the trial wero 1 and ;t yenin old, respectively. 3. Whero the situation of the purtles and tho possible contingencies arc such that tlio amount of alimony to be nald cannot bo placed In a lump sum Without duuger I of hardship to the defendant, nnd uncer tainty as to the plaintiff, the court should ! p.ovide. tor tne payment ot a stated sum 1 of money to bo divided nnd distributed I over fixed periods of time. 17033. Oeorgo ngalnst I'rechell. Appeal . from Lincoln. Affirmed, llamer, J. Rose, J,, concurs In affirmance, Sedgwick, J., 1 concurs In result affirm tig Judgment. 1. Where a bidder ut a rcfereo'ft sale, shortly before tho sale was closed, claimed that 11 railroad company owned and ocv ctipled a rlght-f-wuy across the tract of fered which reduced tho number of acresv, to be conveyed and so should reduce tho aggregate of tho sum to bo paid, held: (1) Under the evidence, that the alleged ownership and tho occupation of such right-of-way (.trip by the railroad com pany constituted merely an casement likely to be divested under tho terms of tho deed If 1t abandoned the road or changed Its track therefrom, nnd that the court authorized the salo ot tlio tract as a whole, nnd that tho purchaser could not Imposo terms upon the refcreo or. make.a bargain with htm. unauthorised by the court. (2) That tho court having au thnrlzpil the mile of the trivet as a whole. the purchaser took such rights only as Hip rpferee could convey to him which Included the whole' tract subject to the easement of the railroad company. CD .That a bid at a referee's sale, Is only a proposal to buy which may be withdrawn by, the bidder at any time beforo tho crier signifies his acceptance thereof, (Ne braska Loan & Trust Co., 40 ieo., ssii but appellant's bid in this case having been accepted without any intimation of w thdrawal ho Is llatilo at tno rnio per aero bid by him for the entire elghty-acro tract offered for salo by tlio referee. 170I7. Ilolluday against Rich. Appeal from Valley. Judgment district court re versed and conveyance by deed to Will lam Henry Rich set aside, nlso notes and mnrtfrnin, f.Yfieiitp.1 bv said Rich and de livered to Milton college, und title to the j land in controversy quioicu in lvaio m. Holloday. llamer, J. Sedgwick, J., con curs only In result reversing Judgment. Rose, J., dissents. 1. Whore the plaintiff was the daughtor of the decedent and became possessed of $300 by devise and gavo the same to her lather toward his support and also turned over to him her earnings during many years as a teaoher, for the same pur pose, and after her marrjago when shu became, by a conveyance from her hus band, the owner of certain village lots and sold the same for i00 and her father collected tho monoy and retained it In his possession by her consent except $123, and the daughter also became tho owner of 320 acres of land by a gilt from her husband nnd the father was per tnltted to collect tho rents from the same and the money collected as rent and that reserved from the eule of tho lots was UBed by the father with tho daughter's consent In paying off a mortgage upon the rarm occupied by the father und thu plaintiff with her husband's assistance further helped the father by paying taxes on tho said farm and also continued to contribute to her father's support and prior to and during the time the said money was being so furnished and d used the father promised to convey tho farm to the dnughter, without other con sideration than that he had received from the daughter, and made Improve ments upon tho farm saying that the farm was for tho daughter and that the improvements wero made for her, and he also Joined her name with his as lessor of tho farm In making yearly leases to tho farm tenant who cultivated the same In crops, and tho father also conveyed the land (his wife Joining him) to the daugh ter by an absolute deed of conveyance and the deed was delivered to her al though subsequently returned to tlie father for correction and was then not returned to the daughter It will Iks held in a suit by tho duughter to quiet title to the premises In herself that sho had at the time the deed was so returned to her father and kept by him un cqultablu cialm aginst the said premises nnd an Inchoate title thereto which might be en forced against the father and his g,ranteoH without notice ot the daughter's right. 2. And where upon the death of the de cedents first wife, who waa the mother of the plaintiff, and who Joined with the aecedent in tho execution and delivery of said deed 10 the doimhter, and wno had Joined wlHi the father in tho promise to convey to the daughter, the laluet mar ried a second wife, an.1 tho father while In 111 health, being much emeebled In body and mini and apparently addicted to the uje of opiates and apparently hav ing only a short Hmt to live, balng about SJ years old, was Induced by the second wlte who p-'as to be In part benefited thereby, and one 11. U. 1C, who was a traveling pre-ioher. to exocute and deliver to one Hlch it conveyance absolute to said farm under an arrangement whereby Mild Rich was to make certain notes and a mortgage, upan thr farm amounting to J7.WU. being tho full purchase price thereof as agreed, and then the notes and mort gage were to be delivered to a college In Wisconsin wnlch ww being conducted un oer the auspice of a church association to which the said traveling preacher be longed, and without ctner consideration than the promise in writing upon the port of tho college to pay to the fatner uurinv his lire tne interest as it tell due accord ing to the notes given, and alter his death to the widow until ho decease, and then the notos and mortgage were to be the exclusive property ot the college, and this arrangement wa consummated and the deed was inario to Rlc-n by tne lather und his wife, the pialntlft's stpirunnor, and the notes and mortgags were duly executed by HU'h to the minor and word then de.ivered by tho father to 11, B, K., tho traveling picnilier, and then wef turned ovci u the coilrge by the preacher, ... U . I 1.1 l. .Un. .1... ......... .....1 lb Will W JlCM'l, lliBI. llll HID IIUIISD UII14 I nwiLag o wet uotulned by unduo influ ence of tha wlfu and H li. K upon Uie tamer or the r.autilf, and that the coi- jltge received thorn without paying an Votes i or Women f LjJI i Fall in line with the sign of the times, the one thing that has done more than any other to rid the housewife of the body rack ing bondage of baking days is New England BUTTER NUT BREAD The high quality of NEW ENG LAND BUTTER NUT BREAD has made home baking no longer necessary. Every member of your family will be delighted, and you will doubly appreciate the delicious, sweet flavor be cause you know it is made under ideal conditions in a bakery as sanitary and clean as time, money and labor can make it. Join the progressive movement, encourage the good things in life and order today NE W ENG LAND BUTTER NUT BREAD AU fod grocers sell it. 5c or 10c loaves , New England Bakery Co. 2213-19 Leavenworth St., Phone Doug. 1507 We Have No Down Town Branches X valid consideration therefor, nnd It luitner appearing tnat the wile mid 11. K. K. knew of 'tho daughter's Interest In the premises, held, that tho collego could not ho, nnil was not, an Innocent holder ot tho note's and mortgage and that thu legal title to tho premises wus held by thu defendant Ulch In trust for tho plain tlti and that the uutcx and mortgage huld by tho collego were he id In triiNt tor tho piulntlft and tn.it the died, notes and mortgage should ho cancelled and tltlo tu the piemlneH qmetd in tlio piuiiilut. 3. An examination of tho evidence dls closes that, lifter tho making und delivery to tho daughter or tho deed for the premises above set forth, tho father sunt tor tho deed representing that ho wished to correct it, und when the deed was re turned to him hu letained It, und it was subsequently arranged between the father und tho daughter thut tho daughter should come upon tho prcmtnoH and oc cupy the same as a homo for herself and her husuund und chlldien, providing for tho lather and his wife, tho step mother, and the duughter then came from Kaunas City, whero she resided, to her father's house, nnd wus then icudy to occupy the premises und to proceed witli tho agreement, and when she did so the father then claimed that he hud rented tho lund to fuld Rich tho day before Hiid seemed unwilling Just then to proceed with tha agreement; that thu evidence) shows an attempted evasion of tho tonus of tha contract Induced by tho unduo In riuenco or the plaintiff a stepmother and others who wero seeking to procure a gilt of tho property or Its value to Hio college In quostlon. 17037. Caster ugatnst estato of Caster. Appeal from Cuming. On motion for re hearing. Motion overruled. Sedgwick. J, 1. Chapter it, laws l'.-Oi. dues not violate tho provision of section 11. article 111 ot tho constitution that "no bill shall con tain mora than one subject, und the samo Klmll bo clearly expressed In Its title." i. A husband cannot lawfully duviso his real estuto or luwfully dispose, ot ills personal property by will so as to de prlvo Ills wlfo of all InUrest therein given by the said act. 3. If a married man by his will dis poses ot all his property, real und per sonal ,to others and gives nothing to his vvlforf she will bo entitled to tuko the distributive share given her by the statute as though he had died intestate. 170S1. .Smith against I'ulmer. Appeal from Duller. Judgment district court reversed with instructions to Overrule motion to relax costs. Rose, J. In partition un allegation In tho petition that the land can properly he d.viticn among tho owners without a sale and a de nil thereof In the answer rulso no Issue of fact, since the matter In dispute relates to procedure regulated by stututu und does not make tho moccedlngs ad versary within tho meaning of thu rule thut Hie trial court may uliow plaintiffs attorney it reasonable, fee to bo paid out or the common fund, where tlio proceed ings lira umicable. . 1701"'). Grout iiKiunst Mayer. Appeal from Wheeler. Affirmed. Kawcett, J. Kvldenoo examined and referred to In tho opinion, held, sufficient to sustain the findings and judgment of tho trial court, 17091, Realty Investment Co, against Shafer, Appeal from luncaster. Reversed and remanded. Rose, J. 1. A purchaser of land, to justify a leclsston on account of a misrepresenta tion, must show In porno manner thut It was material and misled him to his Injury and dnmage, 2. As a general rule a mere erroneous statement of vuluc, when made by the owner of land in un effort to nell It, Is not uctlouublo. X Where defclidnnt, In a stilt on n note executed by him and delivered to plaintiff In part payment of tho purchase price of land, pleads thut he was Induced to make tho purchase by means ut fulsu representations of plaintiff, In regard to the character of the laud, ho inuet, In establishing that defense, prove, among other things, facts or circumstances showing that he wus entitled to rely ou Riioh representations. 17C1S. llnitwlg ngulnst llauer. Appeal from Howard, Affirmed. Letton, J. In order to authorize a county board to grant a lluuor license a petition con taining tho immas of at least flfty-soven qualified resident freeholders was noces- Miry. Tim petition In the record contains I seventy-nlcn names. A number of petition j orswlthdrow their nnmes before tha hear I In sr. it wns shown that several others had signed tho petition after It was I filed, but It It, not proved that names wero withdrawn so as to reduco the. num ber of Blgners below tho reqtilrod num ber when tho nollco was puhllrJied nor when final action wus taken. The action of thn board holding the pntlltion suffi cient Is tlmreforo sustained by a pre ponderance of the ovldenco. Mitts. Htratton against Htate. Krror from Cedar. Judgment district court reversed and defendant discharged. Letton, J. A Missouri coriwratlon which manufac tured and produced ranges In that stato employed defendant to sell them from a wagon In thin state, Ho worked for a salary and had no Interest In the sale or In tho horses and wagon which he used In the business. A statute Imposes a tux upon peddlers, but expressly excepts "parties selling their own works or productions "either by themselves or em ployes." Held, that defendant is within tho exception und Is not llatilo to bo taxed as a peddler under such statute. 177C5. State ex ret. Hector ngalnst Tr.ilnor. Appeal from Douglas. On mo tion tn dismiss appeal. Motion sustained. Appeal dismissed, Fawcett, J. m 1. Respondents, who held tho offices of mayor and ellv clerk, respectively, wore, by a writ of mandamus ordered to call a primary and iv general election, in ad vance of tho tlmii when, as they con touded, such election should have ben called. They compiled with tho command of the writ by calling such election). Thereafter, upon presentation of their certificates of election by the persons elected at such election as respondents' successors, respondents turned over their rnHpectlvo offices, together with all of tho books, papers and documents pertain inir tlifi-ntii to their snld successors, who I havo ever slnoo held and are now holding . nnd administering the same. Held, thftt the surrender 't their said offices by ro I spondents was voluntary on their port. 1 2. And In such n case an appeal by r ! spoiidents of such manadmus action, pronecuieo to tins coun uner rutn volun tary surrender of tb4r offices, will iiimih motion, bo dismissed on the ground tht a dexjslon In this court lit bucIi action could afford no actual relief und would be followed by no practical results. HEY THERE! I WANT MY PANTS! IRATE CITIZEN CHASES DRESNER Omahan Hurrys to Regain Pants and $100 Before These Weiir. ablos Aro Sont Through a Gasoline Bath. i i MONEY FOUND AND READY FOR WORRIED CLAIMANT How The Body Kills Germs. Germ that get into the body re killed in two vrayi by the white corptwejet of the blood, and by a frMi? sutstanct that is in the blood. Juit whet Hill ubtncc is, we do not know. The blood ol a healthy person always hot lomo 'nermkllling substance in it to ward off the attack of dWesce. The fountain bead oi life is tlio stomach. A man who has a weak sod impaired stomach and who docs not properly dieit his food will toon find that hit blood hat become weak and impoverished, end that hit whole body it improperly and iniufficlently nour iihed. To put the body in healthy condition, to feed the tystem on rich, red blood and throw out the poiiont from the body, nothing in the ptt forty yeart hat excelled Dr. Pierce't Golden Medical Discovery, a pure glyceric extract (without alcohol, ol bloodroot, goioen teal and Oregon rape root, ttone root, mandrake tnd queen't root with black cberrybark. "My husband was a Rtifforer from stomach troublo and Impuro blood." write Mrts, Jami:b II. Mahtin, of trank fort. Ky. "Hb had a sore on his face that would form a scab which would dry and drop off In about a month, then another would Immediately form. It continued tult way for a long time. Ho tried every remedy that any one would suggest but found no relief. He thnn tried Dr. Pierce a Golden Medical Dltcovery which complfltcly cured him. Ho bat stayed cured now for two years, and I recommend tola valuable medicine for Impurities of the blood." Dr. Pierce't Pleasant Pellets regulate and invigorate J.&lUa-rnt-.Esi. ttoniach. liver and boweli, bufar-coatcd, tiny traauiei. What would YOU do If audUonly ovortiikon by an appurunt mndmnuj who tig hu runs, Bcroumn out In atou torlun Ioihih: "Hoy thoro Dresner! I wnnt my pnnttt! I I want my pmitu, I waut my pantB QUICK!" And to think that "Al" Drcuhor of tho DroBiuir Tlio Tailor firm, una head of tha Dresher IiroH. Glonnlnu plant nt 2211-2218 Parnnin St., would bo accuHad of noodiug a pair ot trmiBorB boloiiKlng to Roino other gentloinan. Just ns though "Al" wouldn't havo a tailor shop full ot punts ot nil colors, slzcu and matcr lalB. Yot, thlfl pocullar thing happened In Omaha's most traveled street Just tho other day. Happy "Al" of Dresher Ilron,, whllo sauutorlng along Fnrnam street nonr hU plant wus startled to hour tho aforesaid yell directly behind his shoulders. Tho same "I want my pants!! I want my pants!" Turning to' sco tho cause of the commotion "Al" beheld a prominent Omaha citizen, out or breath, ex hausted, ttnnurvotl, but still yelling, "I want my pnntB!" "Now clam yourself, Old Pal," said Dresher, "clam yourself! What's tho matter? I haven t got your pants. I've a dozen puln) ut thu tailor shop and six inoro at the cloanlug plant 'Besides, you'vo got a pair on, so wliate tho riot nbout?" "Well, I-Meft a pair of pants at your cleaning establishment a few minutes ago and I-I want 'om quick!" "What's tho matter," said Al, don't yoif thliiH wn cun clean 'em properly? Wo clean about three hundred pairs u day!" "No-n-o It Isn't that" exclaimed tho worrlud one, "but you boo 1 loft 'em and " "Well, If you must havo 'em, come on," said "Al," and tho routo to the Dlant was soon covered. As luck would havo It tho trousors In Ques tion had not yet gono through the Dreshor cleaning equipment and were promptly passed out to tlio worried ono. Hastily examining tho pockets nnd turning thn trouser legs Inside out with feverish haste, tho worried on exclaimed: "I had-d a H-u-ndrod dollars In thoso pa-nts and tho money Is g-o-ne!" "Well, It serves you right for own ing so much monoy," said Happy A), "but let's go to tho oflco and see what wu can do nboitt It!" At tho office u young lady passed out a oue hundred dollar bill In u moment, saylnir: "What's h name of tho gentleman please?" The na,m being given tho young lutly roplicd, "Corroct." Tho mprioy had boon found In tho trousors tno moment they wore brought Into tha Dresher Inspection room nnd the hundred dollars in quostlon wero de posited In tho Dresher safo a mm-, uto lator, with tho owners name at tachod. ' CURTAIN DESCENDS on a harmy satisfied patron who swears by tho honesty of Dresners and the entire Droahor clnn and thiTentlro force nt tho Droalier cleaning plant ?t 22 ll 2213 Fnrnam street. I This incident, perfectly true, brings up recollections of manyl amusing things found In clothes brought into tho Dresher Uros. es tablishment for cleaning. A ladles' dress was recently found to contain a eompleto set of false teeth. A half hour later an unfortunate wo man with cheeks sudly depressed, was again made happy with her set of molars. It is no uncommon thing to find money, Jewelry, mar rlago certificates, pillB, dress goods samples, flasks of whlskoy, etc., la clothes sent In for cleaning. One man recently sent In a suit ot clothes containing a sandwich, the mam In gredient of which was the noisy cheose entitled "Llmburtter. ' But tho point ot this story Is this: leavo anything you wnnt In tho clothes sent hero and you will CJET It again. No matter how valuable tho ploce of Jowolry, or how large the sum of monoy found, it Is Im mediately deposited In tho Dresher office safo with the owner's name attached. Just prove your name and you get your belongings. This brings up tho question ot RELIABILITY. Kor Instance you leavo a bundle ot clothes to bo cleaned by some small uninsured side stroet cloauor; and say thin small cleaning establishment should be burned up. Would you be arap.y lelmbursed for your clothes? Would you bo paid for the loss? Maybe and maybe not mo3t likely NOT for one fcannot pay It one lias not tho monoy. to pay with. Leavo your finest wearables at Dresher Bros. Cleaning- establ.Bi ment knowing that you are dealing with a firm whoso equipment alone Is worth over 150,000. That makea the firm responsible, does If not? Now then for a bundle of clown ing! ; j Just phono Tyler 345 or leave your work at Dresher The Tailor, 17U5" Karnam St., or at Uie Dreshsr Branch In The Pompelan Room ot Tho Brandela Stores. Dreaber pays express ono, way on out of town Hb.lpruen.t8. amounting to J3.00 or over. Advertisement. AVlion you havo finished rending this page turn to tho TVant Ad Section, You are sure lo find something of interest to yoiv