davidaulloa/AmericanStories huggingface dataset:
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-03-03
The Court Record.
SUPREME COURT DECISIONS.

Hon. J. 4. =. Mitchell Chief-justice.
130S1 State ex rel Frank R Dormau vs.
George B. Fitch ct al. Dearborn G. C. AT
frmed Niblack, J.-Whare a demurrer was
flied a pleading below and was overruled, but
is not in the record here, it will be presumed
that the demurrer was SO overruled either on
account of some defect of its because
some objection thereby presented to the
pleading to which 1t was not liable. But where
demurrer which is not in the record was sus-
tanned and there are no other defects IN the
record to interfere with such proceeding. this
court will consider the snfhciency of the plead
ing TO which the demurrer was addressed and
inquire whether it was substantially defective In
any respect. and decide according to the con-
clusion which may in this way be reached. 2
Constituting Sections 245S and 2027 Il. s., to-
gether, a creditor of a wards estate. when his
interests have been iniuriously affected by the
misconduct OF the guardian, may sue on the
guardians bond for any of the causes for which
an executor administrator may be sued
his bond, as specified in Section 2458. 3. Where
a demurrer has been sustained to complaint,
the judgment will not be reversed. although it
NAV have been sufficient a complaint for
nominal damages.
I42l1 George wilkins VS.. State. Grant G.
C.. Affirmed Elliott 1.-The act of March z.
1887. regulating dentistry, does not conflict with
the Constitution in any respect and 1t is valid.
The delegation by the act of authority to the
Indiana Den tai Association to appoint three
members of the board of examiners is not the
creation of q new corporation, nor is such board
invested with judicial powers.
1881. Sarah G. Lucas ct al VS.. Thomas j.
Owens. Monroe c. {. Affirmed. Mitchell
C. IA surety who has been misled by the
principal as to the character and extent of the
obligation signed at fhe request of the latter,
cannot make the fraud OF the principal avail
the payee participated in or had knowledge of
the fraud. The payee is not bound TO ascertain
whether not the surety understood the char
acter of the contract.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-03-03
Concerning a. Famous Cigar.

NEW YORK Feb. 27, 1883.
Messrs. J. r. Ross & Co., Indianapolis:
Gentlemen-We hereby state that we have
given your firrn the sole controlof our La Integ-
ridad brand of cigars for the State of Indiana.
Yours truly MORRIS & BAIT.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-03-03
What is ScrOfula

Itis that impurity in the blood which. accumulat-
ing IN the glands OF the neck produces unsightly
Jumps or sgellings which painful running
sores on the arms legs feet which develops ulcers
in the nose, often causing blindness
deafness; whichis the origin of pimplss. cancerous
growths the many other manifestations usually
ascribed TO 'humors." 1t is formidable enemy
than consumption cancer alone. for scrofula
bines the possible features of both Being the
ancient. it IS the most general of all diseases
affections, for very few persons entirely free
from it.
How can it be curedl BY taking Hoods Sarsapa-
rilla which, by the it has accomplished often
when other medicines have failed has proven itself to
be a potent and peculiar medicine for this disease.
Some of these really wonderful IF you suf-
fer from scrofula any of its various FORMS sure
to give Hoods Sarsaparla trial Send for book of
Hoods Sarsaparilla
Sold by all druggists. ST.; six for 50. Prepared only
by @. L HOOD 6 Co., Lowell, Mass.
100 Doses One Dollar
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-03-03
LITIGATION OF VARIOUS KINDS.


The Supreme Court Sustains the Legality OF
the Dentistry Law.
The Supreme Court yesterday handed down
a decision in the case of George Wilkins against
the State Of Indiana. The case was test Of
the legality of the law passed in 1887. requiring
persons to obtain a certificate from the board of
examiners before practicing dentistry in this
State. Wilkins was a dentist in Marion, Grant
county, and was prosecuted for prac-
tlcing without a license Judgment was
rendered against him. ana be appealed
The Supreme Court affirmed the decision of the
lower court From the earliest years of the
common Law" the opinion states. men who en-
gagged in the practice of the profession of law
and medicine were required to possess skill! and
learning and to obtain evidence of their quali-
fcations from the sources designated by law"
1t did not matter whether the Indiana Dental
Association was Incorporated, for the Legisla-
ture might have authorized an unincorpor-
ated association, well as an Incorporated one, to
select the three members of the board OF exam
liners.
Pawn-Broker Sentenced 20 imprisonment.
John Barber and Henry Wolff, the former
CHARGED with burglary and the latter with re-
ceiving stolen goods, were arraigned in the
Criminal Court yesterday morning. Barber en-
tered plea of guilty. and appeared as the prose-
cutting witness against Wolf. He testified that
he had robbed a number OF houses. among them
that of Will S. Overstreet on Woodawn avenue.
There he secured gold watch. which be sold TO
Wolff for 81. According to his evidence. when
the sale was made Wolff told him that he had
better leave the city. the detectives
were after him. When the detectives found
the watch in VOLTS seen 5-hand store it had
been replated and stamped W it'll the initials M.
w." SO as to avoid detection. Wolff. in his
testimony, denied that he purchased the watch
from Barber and his wife testified that she pur-
chased it herself. not knowing that it had been
stolen. Wolff has always stood fairly well in
Hebrew circles The case concluded late
last evening. and at 10 o'clock the jury returned
to six months Imprisonment in the work-house.
Barber will be sentenced by Judge Irwin to-
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-03-03

Latest thiDgs IN 2aElOr goods.
WM Z. ELDER's.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-03-03
CIRCUIT COURT.

Hon. Thomas L. Sullivan. Judge.
Victoria G. Huxley VS.. Francis J. Matter
for possession. On trial By jury
Mary Decker vs.. Charles Becker; SANDER
Dismissed by plaintiff.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-03-03

NEW SUITS FILED.
John NJ. Hatton Mary NJ Jo4es ct al; COM
plant on notes. Demand. $75
Henry K. Martz ct al. vs. m. Lewes ct al;
complaint quiet title.
George Masonic VS.. Martin Breen; com
plant for damages Demand S., 900.
Kate Masonic VS.. Martin Breen; complaint
for damages. Demand, $4,000.
William Gall Michael Odinott; complaint
on notes. Demand. $3.50
Sophia Greenwad VS.. VIM. A. Upton; ap-
pealed from William Judkins, j. p.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-03-03
A SPRINGY SEAT

Near the town of Soleure, in Switzerland,
birds nest recently found which
structed entirely of the imperfect watch springs
thrown out from the workshops. It has been de-
posted in the local museum. No such birds
nest about this establishment. because all watches
we handle have perfect springs We agents
for many kinds of watches, including the best
makes in the world. Among them ask your
attention to the great non-magnetic watch. See
IL. Buy it. Try it.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-03-03
CRIMINAL COURT.
Hon. William Irwin. Judge.

Hon. William Irwin. Judge.
State VS. John Barber; burglary Pleaded
guilty Under advsement b.. court.
State va Henry Wolff; receiving stolen goods.
On trial by jury.
State VS.. James Monroe: selling liquor to
minors. Pleaded guilty. and fined $50 and costs.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-03-03
SUPERIOR COURT.

Room lion. N. b. Taylor. Judge.
NJ H. Spades vs. VIM. j. Johnston; on con
ract. On trial by court.
The sun. [volume] (Morris, Stevens County, Minn.) 1882-1895, 1888-03-22
Norris, Mimi, March 22,l8SS.

The few utterances In favor OF
maintaining the war tariff, brought
cut by the enterprising' St. Paul
Globes circular letter, present MOTH
lug but the same rlatitudes and
twaddie about protection of Ameri
can labor. American labor is GER
,ainly having luxurious time OF 1t,
strikes and other manifestations OF
,lisccntent to the contrary notwith-
standing. lnthe mean time. millions
of money extorted from those WHO
buy, are crowding the capacity OF the
national treasury vaults. and the re-
publican party is engaged in an &C.
tive do nothing.policy, to put it mild
", so that no credit may accrue to
the honest democratic effort to fulfill
The pledges made to the people IN
81. This may he in line with the prom
Use TO, "reduee the inequalities oil
the present Ubiquitous tariff. but
many hard headed consumers fail tt
see it and VIII emphasize the convic
ton to which they have beeu forced
hy their ballots in November, tina
the Z. .. p. has outlIvcd its useful
ness,
The sun. [volume] (Morris, Stevens County, Minn.) 1882-1895, 1888-03-22
MORTGAGE SALE.

First Publication February end, 1883.
Default having been made in the pavment
OF the SUI" of one hundred and seveniy:dollars
and twenty five cent ($l70.25) which is due
at the date hereof upon n certain mortgage
duly executed by George Matteson and Cath
crime MatteSon his wife. to Mccormick Har-
vesting Machine Company, a corporation.
barring date the 2Sth day Of February. a. D.
1897 and duly recorded in the on ce of the
Register of Deed in and for Stevens county,.
Minnesota, On the 28th day o! February A b.
1887, at four o'clock D. m. in book e.. of
Mortgages, on page S32 of said Book
and 10 proceedings at law or equity having
beeh instituted t. recover the dett secured by
said m, rtgage or any part thereof:
Now therefore notice is hereby given that
by virtue OF the power of sale contained in
said mortgage and pursuant 70 the Statute the
said mortgage will be foreclosed and the prem
ises described in and covered by said mort
gage, viz:
The North half (NK) of the South east
quarter Use Y of section number thirty four
t34) OF township number one-hundred and
twenty-three Q23) north, of range number
forty-two (42) west 9Th principal meridian,
the said lands being situate in Stevens county
and State OF Minnesota will be sold at public
auction topay said debt and interest and TWEEN
ty five dollars Attorneys fee as stipulated in
said mortgage to BIZ paid in case of foreclosure
thereof, and the disbursements allowed by
law, which sale will lie made by the Sheriff
of Stevens county at the front door Of the
court house in the village of Morris in said
county and state on Friday the sixteenth day Of
March, A. D. 1883, at ten o'clock A. nj.
OF that day subject to redemption IS provided
by law
Dated February LIST A. y 1888.
NC. 'oRMIcK HARvEsT1Ea MAcHIaE COMPANY
s, A. FLAHERTY, Mortgage.
Attorney for Mortgage.
The sun. [volume] (Morris, Stevens County, Minn.) 1882-1895, 1888-03-22

In the Hancock Olive Branch OF
last week, its Morris correspondent
reports the village election OF this
place and after predicting that $50
sure as another village election oc-
ours next spring just that sure are we
that the saloons will be wiped out of
Norris" he says;
..Of course the result of Tuesday
election may cause some to ennmer-
ate how raany friends they had last
week. and republicans throw their
hats in air ard shout. victory, but for
our part, speaking as a life long re-
rulican, we are unable to discover
wherein they gained any laurels by
ny harping on the false issue that
the democrats and prnhlbitionists
were trying to defeat the G. A. X.
such statements may proceed from d
diseased political brain. but never
from mind that holds principle
above all political corruption or an!
attempt 10 shield their own short
coming beneath the skirts of the
Grand Army of the Republic.
The sun. [volume] (Morris, Stevens County, Minn.) 1882-1895, 1888-03-22
NOTICE or FORECL0SVkE SALE
DVERTlrRMENT.

Adv ISBMEN1.
Default having been made in the payment
tf the sum ofTwenty five and 16-l00 ($2b. i6)
Dollars which is due at the date Of this rotice
upon certain mortgage duly executed and
dsliye, ed by George Griffith, an unmarried
man. to Rem iamin l. Shaw bearing date the
first day Of April 1856 and duly recorded in
the Office of the Register of deeds in and for
the county OF Stevens and state OF Minnesota
on the Teuth day of April 1856 at II o'clock
in the forenoon and duly recorded in book
m" Of mortgages on pare 81 and there is
vet to become due on snid mort gage the sum
Of Two hundred 1920 00) Dollars with in
terest thereon from and since the first dfiy OF
January, 1883 at the rate of ten Pr cent per
annum and it Is provided in and bv the terms
OF said mortgage that if default shall he made
in the payment of said sum or sums OF
mouey or of the interest thereon or any part
thereof or in the payment of taxes at the time
or times specified for the payment thereof or
Of any condition contained in said mortgage
the whole principal sum or sums secured by
said mortgage and the interest thereon
tired up to the time of such default shall
at the election of the mortgage or his legal
representatives or his or their agent become
due and payable Immediately upon such
Whereas default has been madein the pay
ment Of the interest coupons due on said
mortgage as follows: On the interest coupon
due January first 1887, on fne interest coupon
due July first 1887 and on the int rest coul on
due January fret 1885, the said mortgage
has declared the whole principal sum
due and payable and that there is now ect-
ualy due on said mortgage the sum OF Two
hundred twenty six and SO-lO0 (&226.SO)
Dollars and no action or proceeding at law or
otherwise having been instituted to recover
tie debt secured by said mortgage or any parl
thereof.
Now therefore, notice is hereby given
| that under and by virtue of mower OF sale
| contained in said mortgage and pursuant ia
| the stature is such case made and provided
the said mortgage will be foreclosed and the
premises therein described, viz:
| The north west quarter IN. W. " ofsec-
ton number Twenty four (24) in township
| numbered ore hundred and twenty five
Q25), north. of range forty four l44) wes
| fifth P. M. in Stevens county, and state o.
| Minnesota will be sold at public auction t
| nav said debt and interest aud taxes paid
| If any and twenty five (25 00) dollars attor.
news fees as stipulated in and by thu
teri, OF said mortgage in case of foreclosur,
and the disbursements allowed by law which
said sale will he made by the sheriff of saiC
county at the front door Of the Office o
"The Stevens County Abstract and Rea
Estate Agency" in the village OF Morris, ant
county OF Stevens and state Of Minnesota OF
Friday. the eighth day of April A. D 1888 a
ten O'Clock in the forenoon Of said day, sub
ject to redemption as provided by law
Dated, at Morris, Minn,. February Z. 1853.
BENJAMIN L. SHAW,
STEPHEN C. MURPHY, Mortgage
Attorney for Mortgage,
Morris. Mimi.
The sun. [volume] (Morris, Stevens County, Minn.) 1882-1895, 1888-03-22

The Democratic State delegate con-
ven.ion has been called for May II.
at st. Paul. The basis for represen-
tation is one delegate for each county
and one for every $50 votes or major
fraction thereof cast for Grover Gle
veland in 1884. This gives Stevens
county three delegates. The total
1err.s cntation of the state will be
S5S. This convention is called for
the purpose of electing delegates to
represent Minnesota in the National
convention at S.. Louis. June 5th, IS.
Let Stevens be (as no doubt it will
bel Il tariff reform delegation.
The sun. [volume] (Morris, Stevens County, Minn.) 1882-1895, 1888-03-22

last fall and was astonished ut some
things l saw in the vegetable line.
Think Of potatoes weighing seven
pounds and nearly II foot long. / was
on farm in tins county at the time
Of digging and learned that the yield
was over 900 bushels per acre. At
the fair l saw farm products that sur
passed anything ever saw in Iowa.
There are numerous stock farms
on which are raised full hlood Here.
ford and Aberdeen cattle. and Nor
man. Clydesdale and other horses"
OF fruit he says: "Apples. peaches,
pears, plums and all kinds of small
fruit do we'll in fact saw some APP
pies here that beat anything have
seen elsewhere.
The country in question on the
east side of Cascade is mostly all prai
rie. There is scme timber on the
Columbia and other streams and also
at tho foot of the mountains. In this
praire country wheat does well. and
in fact the past summer was one of
the best for wheat for many years.
T; The average being over 40 bushels
per acre. Just think of it; 2l.900
cars Of wheat, besides other grain,
shipped from Walla Walla in one
year. Corn yields from 20 to AZ
bushels, but is not raised to any great
extent for market.
Now to further show that the
writer in last weeks Sun had. per
chance, too much of Seattle's "whisky
ditto" we will ask him what in truth
appears to the beholders gaze il
traversing the country between Wal
la Walla from Spokane by wagon
Nothing but one vast area of cult
waited and well improved farms upor
which and living thrifty and intelli
gent farmers.
| Again, as to the general question
it may appear strange, but it is fac
that no fifty square miles of the ter
ritory can be duplicated within it
borders. From Walla Walla toward
the Blue Mountains change is per
ceptible every few miles. AS yo'
approach the mountains he ram fal
is heavier, the soil blacker and tn
tame grasses grow luxuriantly, henc
the Inconsistency Of judging such
large territory by facts. although ex
aggerated, that surround one locality
EXODUS.
The sun. [volume] (Morris, Stevens County, Minn.) 1882-1895, 1888-03-22
WASHINGTON TERRITORY.

WASHINGTON IERHl'O1l.
ED SUM- notice in your last issue
a clipping from an exchange relative
to Washington Territory, in which
the writer attempted to ''place that
country in its true light as he says.
It is just as unfair to Judge this great
territory by the fact that surrounds
one locality within its borders as it
is to Judge all men by the inconsis.
tency of the writer Of the article re-
ferred, and we wosld advise sthe uD-
known journalist in his next attempt
to tell story that he have at least
some plausibility attached thereto.
It is admitted that that portion of
the territory. puget sound)by which
he judges the entire domain, has the
draw hack of being very wet in win
ter, bat such is not true of that por
lion located between the Cascade and
Rocky Mountains. AS for agrlcultu-
raj and fruit advantages on the Pa
cific side of the mountain, there is no
question but what it requires consid.
cradle work to place the ground in
proper condition-clear off the tim
ber--for the reception of seed, but
when accomplished the result Will
startIe novice. We are led to add
here that many, like the writer re-
ferred to, have gone to this country
seeking refuge from work and ex-
pecting money to foat to them on.the
breeze, and that they could raise their
hands in air and draw them forth la.
den with delicious fruits, but alas
their hopes have been carried away
in the fog of the Puget Sound and
they return and pronounce their an.
athemas upon the entire country in
their local paper without first tearing
into shreds their own terminating
foolish ideas OF an earthly Elyslum of
perpetual youth.
Naturally enough land is high
about the older settled localities, as
it is bound to be all over the territory
when the improvements are added
that have been placed upon farm To-
.ated near Spokane Falls. Walla Wal
"a. and many other cities Of impor-
lance as commercial centres.
A friend of the writer who spent q
year in exploring the territory and
studying its advantages has this to
,ay Of the agricultural products Of
the Walla Walla and Ritzvllle coun-
try: ! attended, the Kittatas Fair
The sun. [volume] (Morris, Stevens County, Minn.) 1882-1895, 1888-03-22
Court Decision.

CouYI OeCIStOn'
District Court. Wilkin County.-An'
drew Drandrup, VS.. C. Aultman d
Go.
T.. e. Valentine for plaintiff.
Lyman d. Everdell for defendant.
MEMORANDA.
The plaintiff guaranteed the pay
ment of certain promissory notes
given by one Rudolph Niggler to the
defendant in payment for harvest
ing machine. The defendant war
ranted the quality Of the machine So
sold to Niggler and there was i
breach thereof. After the notes be-
came due the defendant Aultman &
Co. obtained judgment thereon
against Niggler. the maker thereof,
by default. The judgment not berg
eOllectable subsequent to the entry
thereof, the defendant brought suit
against this plaintiff on his contract
Of guaranty. In the last action the
plaintiff herein set up as defense
the aforesaid warranty and the breach
thereof. The District Court of the
10Th District held that he could not
interpose this defense'and demurrer
thereto was sustained and judgment
entered against him. Subsequent to
these judgments and before the com
mencement Of this action the contract
OF warranty was by Niggler assigned
to the plaintiff herein who now brings
this action thereon.
The defendant by it's first and second
defenses claims that these two former
recoveries constitutes a bar TO q re-
ssyery herein. A former recovery is
The sun. [volume] (Morris, Stevens County, Minn.) 1882-1895, 1888-03-22

IA bar only rs to such questions as
were or could have been litigated
herein under the pleadings, or per-
hans such as should have been plead.
ed and Irrigated but were not. lf1
this is correct it follows that the re.
covery against the plantitf on his
contract of guaranty is no bar to this
action, because the matters involved
in this action we've not in issue or
litigated in that action. and the court
held that this could not be Irrigated
therein. And moreover it does not
appear that he was the owner of the
demand at the time the action was
commenced against him.
1t is conceded by counsel lit does
not aruear from pleadings) that at
the time the action was commenced
against Niggler. he still held the con-
tract of warlanty.. And the defend
ant claims that he was in duty
| bound to interpose his claim for u
breach thereof as defence in that
action. and that not having done so
his cause of action accruing there
under was merged in the judgment
entered against him in that case;
that he therefore had nothing to as
sign to this plaintiff, and that the
Judgment in that case is Il bar to
plaintiff herein. The counsel fol-
defendant cites number of cases tG
support this claim. but he oveilooks
the case of Thorson VS.. Minneapolis
Harvester Works % Mimi, 81
which holds adversely to him. See
also Osborne VS.. Marks % n. W. 4
l, opinion Of court.
Defendant in support Of his motion
for judgment on the pleadings makes
i. the point that cause of action for
breach of warranty is not assignable
! and that the plaintiff acquired moth
ing by the supposed assignment il
, this case. l think he is wrong. Tn
: general rule seems to be that what
ever rights of action survive to al
executor are ass!gnable. People VS.
. Tioga G.. P. 10 Wend.. q. Unde
+ our statutes the right of action il
question would so to the personal re
. representatives. of Niggler. and woul
therefore be assignable. See ChaI
A ~ Genl. Stats. sec. /. See also Eel
VS.. Reynolds Fruit Co.; Is n. w
: Rep. 31s.
The third defense is that Niggle
e Unidentified the plaintiff against los
ON account of his guaranty Of pas
ment referred to, and that therefor
: he ought not recover herein. n
d. authorities are cited to sustain thi
: defense. I have been unable to fin
any, though l have made somethin
of a research.
So far as this particular defense
concerned, at least. the plaintiff ha
GuC sdIAC lJSh QAu 40 AL r. ahAsse >"
the same situation as Niggler woul
have been had he brought the action
and the question is. could this matte
u have been interposed as a defence
). an action by him? think not. Th
u defendant cannot escape liability fl
it's breach of warranty because OF tn
indemnitY;which the plaintiff receive
. from Niggler. 1t was not given as
protection to defendant. but to plail
. Tiff. On reflection no doubt couns
for defendant will agree with tt
court, that this contract Of linden
nifty was not quite broad enough
cover any Of defendants delinquel
= cies with respect to the matter il
volved in this case.
CT BROWN. Dist. Judge.