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Omaha daily bee. (Omaha [Neb.]) 187?-1922, November 03, 1912, NEWS SECTION, Image 9

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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..
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
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
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.
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
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
The high quality of NEW ENG
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
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
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
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.
Omahan Hurrys to Regain Pants and $100 Before These Weiir.
ablos Aro Sont Through a Gasoline Bath. i
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. '
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

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