davidaulloa/AmericanStories huggingface dataset:
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1884-12-01
SUPREME COURT DECISIONS.

Charles NJ. Goss and Jacob y. Paulson, part
ners under the firm name and style Of
Goss & Paulson, appellants, VS.. Levi n.
Stevens respondent
SylG51lS-One authorized as agent, to sell
land, but without power TO convey, WHO has
procured a purchaser and bound him by
contract TO purchase the land upon the terms
prescribed by the principal, or npon such
modified terms ss the principal has elected
to accept and satisfy, has performed his duty
aud Is entitled TO the stipulated compensa-
ton.
A contract for the sale Of land made by an
agent without authority Of bis principal, may
be satisfied by the latter in any manner ex-
pressing his assent thereto.
Evidence considered sufficient as priH1a
Jdcie proof OF ratification.
Order revised and q new trial awarded.
DICKINSON, j.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1884-12-01
Billy Wilson's Ultimatum to c. A. c..
Smith, f..tti

] hereby challenge you to spar me eight
rounds with ordinary soft boxing gloves, not
pillows or new gloves, in one or two weeks
from signing articles, winner to take all re-
ceipts and pay all expenses, according to the
revised Queensbury rules, and will meet and
sign artI Giles. Or will fight you to a nnish,
same rules, in from one TO four
weeks, with hard gloves or knuekles, for
500 a side and all gate recei pts, said match
to take place outside Of Ramsey county
within four weeks from signing articles.
hereby deposit SIS as q forfeit to show
mean biz.
Ton. McALPINE FOR BILLY WILSON,
Colored heavy weight cham piou Of the world
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1884-12-01

II AXE COMO STOCK FARM have for sale.
H nice lot OF colts and allies, one. two and
three year ODDS, all standard bred got By DeGraff
Alexander, and by Thescus, by Administrator,
drln by Almont, OF Alexander's Abdallah.
Also for sale. lakewood, four years old, by Alex
ander, standard. 1855. ". L. Mclirafh
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1884-12-01

T. D. Salisbury, w. T. Ralf and W. T.
Washburn, partners, We. Salisbury. Ralf &
Co., respondents, VS.. tie Heckla Fire In
surance company, of Madison, Wisconsin,
appellant.
SylabEs-Defendsnt by oral agreement in
sured plaintiffs property, written policy to
be subseql ently issued. loss occurred and
Afterwards defendant made and delivered 10
plaintiffs a written policy.
Held, That the policy, as ag inst plaintiffs
was not conclusive as TO the terms OF the in
surance, but was only evidence, as plaintiffs
and mission OF these terms. and might be re-
Iutted by proof Of the oral agreement.
Where thsre is an oral contract OF fnsur-
ance policy to be subsequently, issued, and
nothing is said about conditions, it is pre-
sumed that the partners intend TO be insured
by IL, the conditions 10 be rs usual in such
cases, or such as have been before used by
the parties
That particular condition as usual must
be shown by the party who insists on it.
Order aIhrmed. GILFILLAN, G. j.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1884-12-01
CURE FOR PILES.

The first symptoms Of Piles is IN inten-
eithing at night after getting warm. This
unpleasant sensation Is Immediately re-
heved By an application of DIR. Bosankoy's
Pile Remedy. Piles in all forms, Itch, Salt
Rheum and Ringworm can be permanently
cured by the use of this great remedy. Price
80 cents Manufactured by the DR.. Bosanko
Medicine Co., Pivua, o. Sold by A. P.
Wilkes, Seven Corners; T. II. Heinert, S74
Dayton avenue: Sohn Boyden, 323 East
Seventh street; aud P. c. Lutz, Wabashaw
street. opposite post Office.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1884-12-01
CHAPTER 1.
Cesar.
81 was taken sick Il year ago
With billions feyer.n

"My doctor pronounced me cured, but /
got sick again, with terrible pains in my
back and Sides and L got so bad
Could not move!
j shrunk!
From 22S lbs. to 1901 had been doctor
ing for my liver, but it did me no good. I
did not expect to live more than three
months. began to use Hop Bitters. Di-
rectly my appetite returned, my pains left
me, my entire system seemed renewed as if
by magic, and after using several bottles, I
am not only as sound as sovereign but
weigh more than l did before. To Hop
Bitters | owe my life r. FITzPATRICK.
Dublin June g. ISL
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1884-12-01
RRIEFS.

The game of living chess at the Opera
house Wednesday night, was won by Eugene
5. Elliott, who marshaeld the white forces,
the ladies, against the black troops, or gem
tlemen, in charge of X. A. Linderfelt A
good sized audience witnessed the game, and
handsome sum was realized for the
Women's Guild of st. James church, under
whose auspices the game was conducted
Gardner Campbell q Sons, the bell manu-
factureIs of this city, will next week ship
three bells to New Orleans, to form part Of
the Wisconsin exhibit. One of the bells
weighs 1900 pounds, another $50 and the
third 400,
Chaplin Moore, formerly of this city, now
resident of Sank City, has filed petition
in the probate court for his appointment as
administrator of the estate of Hubbard C..
Atkins, deceased, late assistant superiutend-
ent of the Chicago, Milwaukee IL St. Paul
railway. Moore alleges that, on January /,
1884, Atkins executed to him three promis-
sorry notes for $1,000 each; that, having
died, leaving personal property sufficient to
satisfy his claims, and as the relatives have
made no application for letters of admins
tration, he prays they be awarded him. The
matter will come before Judge Mann at the
January term of the probate court
CmSAp
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1884-12-01

In the matter Of the minor heirs Of Hunts
man. L. NJ. Brown, appellant, VS.. Mimi
+. Huntsman, respondent.
Syil5's-UPOn an appeal by guardian
from an order removing him, any person
upon showing his right 10 be heard, may,
without being formally interested as a party,
bring the appeal to a hearing.
Upon guardian rendering his resignation
the probate court may enter an order remov-
ing him.
An order appointing time and place for
examing an account fled by a guardian is
sufficiently served on him by publication
under section ~, chapter 50, General Statutes
1873. II it is procured by him he must take
notice OF its contents.
Order affirmed. GmFILLAN,C. J.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1884-12-01

church, which he had materially aided.
Mrs. Anneke's life was devoted to freedom
her early years in an unsuccessful revolution
Germany, and her life thereafter to the re-
lease of women from the bondage of custom.
She fought well and wrote well, and unto the
end maintained the dignity of leader.
Death found her in moderate circumstances,
and she was taken to the tomb in a quiet.
transformations manner, but with reverence
betting her station as an intellectual leader
in busy world. There was no church ser
vice; simply gathering of friends, a modest
display OF flowers, eulogy, and the fall Of
earth upon earth.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1884-12-01
Colored heavy weight champion of the world
st. Andrews Annual Ball and Supper.

The St. Andrews Benevolent society Of
St. Paul hold their annual ball and supper at
Turner hall this evening, and as they always
have grand success, this occasion will not
prove an exception. All the bon ME Scotch
men, their descendants and friends, are
invited TO be present
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1884-12-01

ENoR SAI.E-Young Trotting StOek-I have
II several one and two-yesr-old colts, the get
OF Baymont, I.027, son OF Alden Goldsmith. 337
out OF STANDARD mares. Colts all large and rangy
fine looking. and unmistakaby showing the
promise OF speed. q. W. Sherwood. 420
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1884-12-01
DICKINSON, ].

Rev. Thorson, respondent VS.. the St. Paul
Fire and Marine Insurance company, ap-
peilant.
By the court, sections IS. "a, as and 76,
chapter GO of the statute providing for the
service of notice by mail do not apply to no.
tees served on the clerk of the court, so that
such service on the clerk is not good I'M
less the notice actually reach him within the
proper time.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1884-12-01
School District No. 10, in Wash

School District No. 10,in Washington county,
Minnesota, appellant, VS.. John Thelander,
respondent.
SyliGb~s-Section 60, chapter SO, general
statutes OF 1878 makes it the duty OF county
superintendent to keep a record Of the re-
examinations aud revelations (of exercises
TO teach) provided for in section 60 of the
same chapter, ami such record is the best
and the proper evidence OF a revocation.
Order denying new trial affirmed.
BERRY J.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1884-12-01

Men of noble birth are noted to be enyi-
Gus toward new men when they rise for the
distance is altered, and it is like deceit of
the eye, that when others come on they think
themselves go back Bacon.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1884-12-01
Daniel Grimm and Lueinda Grimm, respond

Daniel Griffin and Lucinda Griffin, respond
ents, vs.. George w. Farrier and R. P.
Mathews, partners, appellants.
Syiidbus--An action viii lie for fraudulent
representations made by the vendor of land
as 70 its value aud situation, the land being
at distance from the place of sale, the
vendee being ignorant as TO the value and
situation, ana being purPosely and by a
fraudulent device induced 10 purchase rely
ing upon the truthfulness Of such represen-
tations.
Order affirmed DICKINSON. J.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1884-12-01
Nelson T. Griswold, respondent VS.. James c
Edison, appellant.

-'N10'1I y UEt0"OIuf Its pOuutut vs.. JULIUS =.
Edison, appellant.
Syliabsrs-Section s, chapter 20. general
statutes 1878, makes any parties to an action
or interested in the event thereof incompe
tent 10 testify 10 a conversation with or adj
mission Of any deceased or insane person,
whether party or not, relative to any matter
at issue between the parties.
The court having properly sustained spe-
cihc objection TO evidence offered, as incom-
peient, may write out the specific objection.
being reseated, sustaining an objection to or
offer OF what is substantially the same evil
Order affirmed.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1884-12-01
AMONG THE HORSES.
Absorption of Archer, the Crack
Jockey, and His Visit to
America,
Account of His Wite's Funeral at the
Town of Newmarkeu--Ash
Grove Stock Farm.
Adjourned Meeting of the Stockholders OF the
Narragansett Driving Association at
PrOvidence-TurfN Notes.

This column will appear in the GLoEE every
Monday morning. Pertinent correspondence will
be thankfully received and should be addressed
Turf Editor OF the Globe.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1884-12-01

In the matter of the last win and testament
Of John J. Brown, deceased, George W.
Brown, appellant vs.. Emily Brown, re-
spo1dent.
an appeal TO the district court from an order
Of probate court admitting q will
TO probate, held, TO Sufficiently show that the
appellant chad not notice or opportunity 20
be heard" as to the subject Of the order.
Notice OF such appeal By contestant Of
will may properly be served upon the attor-
ney Of the prepayment
Ordered affirmed. BERRY, J.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1884-12-01
DICKINSON, J.

Fred G. Herrick, respondent, VS.. The Min
neapohs q St. Louis Railroad, appellant.
Opinion by the Court: There is moth
ing in the point that the cause
OF action WAS in part assigned to Lovely &
Morgan The other points raised are iden-
teal with those decided by this court on the
former appeal (section 81, Minnesota, page
III, and we adhere to that decision.
Judgment affirmed.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1884-12-01
GILFrI.LAx, c. J.

NJ. Guthrie, respondent, VS.. Geo. Olson, ap-
pellant.
SyliabDs-A complaint before a justice in
which plaintiff alleges merely that the de-
fendsnt is indebted TO him in the sum Of one
dollar and nifty cents for services to defend
ant in looking up title to property in the fall
Of 1883" sufficiently states a cause Of action.
Judgment affirmed.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1884-12-01
BERRY, J.

Eva Stober, respondent, VS.. The City of Min
neapOiis, appellant
SylabHs-Evidenee as TO plaintiffs contrib
utory negligence held such as 10 justify
Submission Of the case 20 the jury.
Order affirmed. GILFuLAN, &. j.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1884-12-01

red to, as description OF any land. and q
judgment entered against land so described
imposed no charge upon property to which
such description was not applicable.
A surveyors certificate annexed TO such
plat, and recorded with It, applying such
arbitrary term Of designation 20 lands indi-
Gated by reference 70 recorded deed OF con-
veyanee, is not a compliance with the above
statute.
Order affirmed. DICKINSON, J.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1884-12-01
GILFILLAN, c. J.

n. A. Carlson, respondent. VS.. Hiram Small,
appellant
SylGbas--Rnle in Hicks & Stone, 10 MINI.
434. and Rheiner VS.. the Saltwater Street
Railway and Transfer com pany, % 10. l47,
asto reviewing an order of the trial court
granting new trial because the verdict is
against the evidence followed.
Order affirmed.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1884-12-01

ENoR sALE-A handsome and well bred Gum
Il sey ball, 2 years old in November. In
quire Of b. d. WOodmansee et Midway Park.
2S7-S4
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1884-12-01

DREsToN STOCK FARM. Preston, Fillmore
Il County. MINI. For public service, Herod
fa:24h), King OF the Morgsns. Trample,
the most successful trotiing sire of his age in the
northwest; Comus. 4 frst-class draft stallion
For pedigrees and terms. address NJ. T Grurtan.
9Se
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1884-12-01

Orgiile S. Corey, respondent, rs. Northern
Pacific Railroad company, appellant.
Sylidbss--Evidence considered and held
that the question Of contri6utory negligence
was for the jury.
Order affirmed. Gu.FiILAN, c. J.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1884-12-01
Ellen T. Coolbaugh, respondent, vs.. Eliza
Roemer, appellant.

Ellen T. Coolbaugh, respondent, vs.. Eliza J.
ROemer, appellant.
Syla5lsS-A fact occurring at trial and
not a matter OF record viii not be receivable
when not presented by case or bill Of ex-
eeptious, although it is stated in the findings
Of fact made by the court. An execution
sale of real property will not be set aside
merely because sold for much less than its
real value, there remaining a right of re-
demption after the sale. Nor will il be set
aside because the tfsct sold, being COM posed
OF parts OF two lots aud occupied by two
dwelling houses, was sold as one parcel, It
being determined that IN fact the prop
erty consisted of but one tract or
parcel OF land. The defendant in an action
Of ejectment was shown 10 be in possession
under bond for deed from the original
owner OF the land under whom both parties
claim, the bond antedated the plaintiffs
title, the purchase money WAS in part IN
paid aud over due, but the amount Of the
purchase price which plaintiff (who had sue
ceeded to the legal title,) was entitled to re-
ceive from the defendant was undetermined.
The defendant, without having rendered
payment to the plaintiff, alleged IN defense
both title in herself aud her equitable right
as purchaser aud prayed among other things
Nu@t a NNAhNAauNf " ~ Ati AcNESGu upon
payment OF such sum as should be
found by the court due to the
plsintif. The answer did not aver a will
ingness to pay said sum. Held that the
court should have regarded the equitable
claim OF tine defendant and have proceeded
TO an accounting anu tue granting OF equita-
bic relief.
Order refusing new trial affirmed. Order
for judgment nodded. DICKINSON, j.
Mitchell, J. being absent, TOOK no part in
the decision.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1884-12-01
District Court.
SPECIAL TERM.
tBy JUDGE Simous.

In the matter of the assessment for grad
Ing and guttering Josette street from Dayton
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1884-12-01
GuFILLAS,C.J.
Theresa J. Oliver, respondent VS.. Alfred H.
Hedderly, appellant

Theresa J. Oliver, respondent, VS.. Alfred H.
Hedderly, appellant
Syiiibils-PlaintifI and defendant and
others were co-tenants by descent from the
same ancestor Of certain real estate on which
there was a mortgage. Defendant without
the consent Of the others, agreed with the
holder Of the mortg &c that the latter should
ioreclose, bid In the property and after the
time TO redeem should expire, should convey
10 defendant, on being paid the amount
que on the mortgage aud
costs Of foreclosure. This agreement was
carried out.
He.d-Tnat the other cO-tenants are en-
titled 10 share in the benefits Of the transac-
ton on making contribution 10 the expense.
Order affirmed, GILFILLAS, c. j.
The Waseea county bank appellant vs.. c.
McKenna as county treasurer of Waseca
county and respondent.
SyiGbEs-A bank cannot maintain an ac-
ton To restrain the collector of taxes from
levying upon and selling the shares
OF individual stockholders for taxes upon
such snares.
Judgment affirmed. GnFmLAN,C. J.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1884-12-01
OBITUARY.

Among the deaths of the week we're those
Of Daniel L. Wells and Madame Mathilde
Franziska Anneka, both of which were duly
reported to the GLOBE by telegraph. Mr..
Wells was railroad builder of great promi-
nenee, and was connected with an immense
bridge manufacturing establishment He
died millionaire after life struggle for
wealth His remains were inferred in For
est Home cemetery, Wednesday, the funeral
service being held at the new st. Paurs
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1884-12-01
THE EXPOSITION.

According to Manager Mercein's report
the net earnings of the exposition of 1884
amount to $4,000. The association has now
ON hand surplus of sl4,O 600, which may be
used in paying dividend on the stock, as
the finance committee is now considering
the question. A plan has been proposed to
invest the $4,000 in tract of real estate
suitable for the purpose of holding an annual
agricultural fair in connection with the expo
sition, aud a committee is inquiriug into
the feasibility Of the scheme. 1t is believed
that site can be secured with sufficient
ground to allow the laying out of race
track, the erection OF pavilions, booths and
everything necessaryto make an agricultural
fair attractive and remunerative. The COM
mittee is under instructions TO advertise the
wants of the board. and it is hoped by that
means 10 secure a suitable tract of land.
The exposition hall is now under lease for
roller rink. The main hall has been re-
foored and is now the largest roller rink in
the country. The public museum occupies
permanent rooms in the building, aud the
panorama Of the battle OF Lookout mountain
is still on exhibition in the south wing.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1884-12-01

Hamilton Beatty, respondent, vs.. the Board
OF County Commissioners Of Sibley county,
appellant
Syllabus: A county treasurer filing the
Office under appointment for period less
than one year, is entitled to receive, as com
pensation, the statutory percentage on
moneys collected by him, although such per-
centage exceeds the proportionate amount
for such part OF year, If the yearly compen-
sation as limited by the proviso to section
l12, general statutes 1878.
Judgment affirmed. DICKINSON. J.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1884-12-01

d. d. G. Duncan, respondent, VS.. Joseph
Menard, Auselia Menard, his wife, and
VIM. Ii. Ingersoll, ct al, appellants.
SylabiS-Chapter %, laws 1871 limiting
the right TO fOreelOse mortgages by advertise
ment 10 the period of ten years after the ma
turity of the mortgage, was, by its terms, to
take effect and be in force one year from
and after its passage. 1t was approved
March 6, 1871.
Hdd-First, that the Limitation became
operative on the 9Th day of March, 1872.
Second-That upon the publication Of the
act 1t became effectual as notice to all per-
sons that the limitation would go into effect
at the time indicated.
Third-That the period of about eight
months after the publication, before the limi-
tation became operative, afforded a reason
able time for the foreclosure of mortgages
already,maturcds
FOurth-That foreclosure proceedings COM
meneed by the first publication of the notice
prior TO Mdrch z, 1872, and prosecuted to
completion after that date were invalid, the
mortgage not being 'fOrclosed' within the
period limited.
Judgment reversed and new trial awarded.
DICKINSON, J.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1884-08-05
SUMNER REST At coTr4GE CITY.

COTTAGE City, Aug. THE greatest social
rink Mr winsow has engaged Robert J. Agnton, the
fancy skater, who viii skate several times this summer
at the Vineyard rink This hcaithfu recreation IS nOv
made attractive than formerly by the e1trasrd
nary ttkea % nsure perfectly even and smooth
skating surface that the novice In this enjoyable ex
ercse Is free the dsagreeaDe impression that ne IS
making a turn" ON August % Mr. Winsow viii present
"a handsome medal 20 the woman who may exhibit the
greatest skill 0f all the skaters M the country who
NAV the lists competitors Oh that Oc-
caslon.
In the present month on every Monday and thursday
evening there Will be match games of polo on August
there viii calico party during which Charles Green OF
Worcester VII exhibit his facility in skating ON August
the New Bedford and Cottage CITY polo clubs VIII play
amatch game. ON August Master George Nash VIII
exhibit hin dexteriry on the bicycle. On August Miss
Carrie Gilmore vii exhibit fancy skating. ON Al
gust ID there will he party IN costume on Au-
GUST > the Rsmbers lub. of Boston WI. give bicycle
drill ON August 20 leap year party. august - and
-. repetitlOu OF Master Na-I's bicycle cxhbluon.
the first dav the opening of the summer ihsttue
POO students admitted % the different courses OF
study.
ur John Lord is giving of twelve lectures on
Remarkable Women" for the benefit OF the Dullung
fmd of the summer Institute The lectures are s ell III
Union ,hapcl
Though persons carry passengers ana baggage aud GEL
rum without license, don't forget 10 81 Aceuse Ioi
dogs.
Pol AK paid hcre bv lGs persons. TN" tax rate Il
flo I'D. line Incrasr M the value OF tdxdpe property
since last yeirl- more thdn e-JoUo, maAsI Al d5oic
gate ~ - ,}ji,-UO .,
relieve excursion people from rue necessity Or bringing
tUulr)us lunch bHaheL