davidaulloa/AmericanStories huggingface dataset:
The record-union., 1892-04-30
3O1 y Sire ct
EXECUTORS SALE OF REAL ESTATE

TIME UNDERSIGNED, EXECUTOR OF
! the will of MARY II. FOSTER, deceased
hereby oaers for sale at private sale the real
estate belonging TO the estate of said deceased.
and consisting of the west half of lot five (5)
in the block between NJ and n, Fifteenth
q5thi and sixteenth (l6th) streets of the
City OF Sacramento, in the County of Sacra-
mento, state of California, with the improve
ments. Bids in writing for said property will
be received at the Office OF the undersigned, at
northeast corner Of Second and J streets of
Sacramento City. or may be delivered to me
personally, or filed with the Clerk of the Su-
perior Court of Sacramento county, at any
time prior to APRIL 80, 1892 on or after
which time the property will be sold. Terms
cash; 10 per cent. on acceptance of bid bal
ance on confirmation by the court. The
above property has a two-Story house, nearly
new, IN excellent repair, and consisting of
two fats OF six rooms each. Rental, SAG so
per month. CLINTON. l. WHITE
Executor of the viii of Mary II. Foster, de-
ceased ap13-td
April ! Q, 1892,
The record-union., 1892-04-30
Ohm RuREK STTNE.
]. 7. WIyGRRn.

DEAIER IN FINE CANDIES, FRUITS,
- Nuts, Ice Cream, Soda Water and Milk
Shake ana lemonade. 729 h ST.
The record-union., 1892-04-30
RULE III.

THE parties may at any time stipulate that
a cause be submitted upon printed points and
authorities on file, and the clerk shall imme-
diately place such cause upon q list of cases to
be so submitted, ana the court may at any
time thereafter order the submission of the
same
The record-union., 1892-04-30
THE SADDLE ROCK
Restaurant and Oyster House.

LIRST-CLASS HOUSE IN EVERY RE-
j spect. Ladies dining-room separate. Open
day and night. BUCK MANN & CARRA.
CHER, Proprietors. No. 1919 Second street.
between ] and X. sacramento
The record-union., 1892-04-30
RULE NXIV.

DISMISSAL or APPEAL on STIPULATION.
An appeal or writ o. error may be dismissed
al any time, upoi iistAd ia accordance with the
written stipulation oi the attorneys OF record
OF the respective parties; and upon and in ac-
cordance with such stipula ion, the clerk shall
enter such dismissal. and the rernittitur shall
The record-union., 1892-04-30
RULE VII
PRINTING OF rRAxscRrpr

IIA--' Il-sSF OF IlsANstkiLl.
l. All transcripts of records in civil cases
shall be printed on Aunr8led white writing
a e. ten inches long by seven iEcacs wide
The record-union., 1892-04-30
scREUNERT BRos. 8 CO.
WATRRHoUsE 9 LESTER.

200 X STREET, BETWEEN SEVENTH
I ~ ana Eighth, Sacramento. WHITE
LABOR CIGARS A SEECIALTY
The record-union., 1892-04-30

q w. COR. TWENTY-FITTH AND o SITS.
y. Sacramento, dealer In Choice Family
Groceries, PROVISIONS, Flour, Hay, Grain, But.
ter, CnCeSc, Eggs, Teas, toiieeS Hams Bacon,
Tobacco, Cigars. Wines auG LIQUORS.
The record-union., 1892-04-30
3te,r AHrertis et,te.tfa.
issue thereon in accordance with the terms of
RULE XIV.

I-NSPEOIIUN
When the inspection of an original paper,
which was offered in evidence in the court be-
low, is shown to be necessary to "a correct Ge-
cision of the appeal, the court may order the
orig nal paper, If in his possession, to the
clerk OF this court; and if such paper be in the
possession of party to the action, he may
produce the same on the hearing OF the cause,
or he may, upon motion and notice of the adj
verse party, be required to produce such pa
per on the hearing or the cause; and in de-
Iault thereof the court will intend the paper
TO be, in all respects, US alleged by the opposite
party.
The record-union., 1892-04-30
RULE XVIII.
' I.
APPLICATION TO HEAR CAUSE IN T

APPLICATION TO HEAR CAUSE IN BANK.
/. Applications, made before or after tudg-
ment pronounced by department., that q
cause shall be heard and decided by The court
IN bank, must be made upon printed petition
addressed to the Chief Justice or tie court
setting forth the question involved in the
cause and the reasons why it should he heard
by the court in bank. If made before iudg-
ment the petition must be ii ed with the clerk
OF the court at least ten days before the clerk
makes up the calendar. And, If mace after
Judgment is pronounced by either OF the de-
partments, within twenty days after such
Judgment. The times herein prescribed Shall
not be extended by the Chief Justice or any of
the Associate JUSTICES or the court; and the
clerk shall not file a petition after such times
have expired. In case of judgments, the petit
uOn shall operate as a stay of proceedings
until ii shall be determined.
The record-union., 1892-04-30
JOHN j. BUCKLEY,
SEARCHER or RECORDS, GIL I STREET.
4 SarTau >

E2. DIXON
Z Z As REMOVED HIS RESIDENCE PER-
Ii manently to 7Oi y street.
The record-union., 1892-04-30
RULE XVI
REASONS FOR ORIGINAL APPLICATION TC
THIS COURT TO BE STATED.


THIS COURT TO BE STATED.
L. III any application made to the court for
q VIII OF ntoIadCti1ltS, certiOrdri, prohibition,
Proceaead0, or for anyeprerogatiye writ TO be
issued IN the exercise of its original, ,juriSdlc-
tlon, ana for which an application might
nave been lawfully made TO some other court
IN the nrst instance, the affidavit or petition,
suttli, IN addition to the necessary matter re-
quiSlte oy the rules of law 10 support the APP
ptlcatlon, also set forth the circumstances
"hlch, IN the opinion of the applicant,
render 1t proper that the writ should
issue originally from this court and not from
such other court-thc sufficiency or inSuffici-
ehcy OF such circumstances so set forth in that
behalf Will be determined by the court in
awarding or refusing the application. In
case any court, judge or other officer, or any
ooald or other tribunal, in the discharge of
duties OF public character, be named in tie
appilcallon as respondent, the affidavit or pc
tlIlon snail also disclose the name or names of
the real party or parties, il any, in interest or
whose interest would be directly affected by
the proceedings, and in such case it shall be
the duty OF the applicant obtaining am order
1or any such writ to serve or cause to be served
upon such party or parties in interest true
copy OF the affidavit or petition and OF the
writ issued thereon, in like manner as the
same is required to be served upon the re-
spondent named in the application and pro-
ceedlngs, and TO produce and file in the Office
OF the clerk OF this court the like evidence of
such service.
The record-union., 1892-04-30

DEALERS IN IRON, STEEL, CUMBER-
II land Coal Wagon Lumber snd Carriage
Hardware. 7o9, III, us, us street,
Sacramento
The record-union., 1892-04-30
A. MEIsTER,
J. ], DUNCKHORsT,
LIVERPOOL SALT
Attor4tEB#-u -ut-Iun1.

A. L. HART,
A TTORNEY-AT-LAW.-O SOIJTH.
n west corner Fifth and ] streets, Rooms
AZ, 10 and IA, SutteF building.
The record-union., 1892-04-30

4. If an appeal te taken and perfected in
the form required by statute, after the ex-
piration Of the tine limited by law for ths
taking of such appeal, the RESPONDENT may.
under the pros sions OF this rule move TO
dismiss such appeal on that ground. whether
the time for filing the transcript has expired
or not.
The record-union., 1892-04-30
RETURN AND ISSUANCE OF WRIT.

Is. Upon the return day of the alternative
VIII the respondent may make return, either
by demurrer or by answer, or by both If
lhe return be by demurrer alone and the de-
murrer is not sustained, the writ will be or
dered TO issue without further leave to an
sWer.
The record-union., 1892-04-30
Z CARRIE

- Ot1hLE,
GUCCESSOR TO CARLE & CROLY, CON-
~ tractor and Builder. orders solicited and
promptness guaranteed Office and shop
1124 Second street. between K and L.
The record-union., 1892-04-30

CHARLES H OATMAN,
4 TTORNEY AND COUNSEL L0R-ATIAw
~, OFFICE--42O street, Sacramento. Cal
Notary Public. 0''1'
The record-union., 1892-04-30
T, CAMINZIND
GO TO GR8FMILLER BROS,

101c NINTH STREET. FOR HAY AND
III % feed HEADQUARTERS for the best.
Telephone No 366.
The record-union., 1892-04-30
RULE x.
PENAT nv
RULE XI.

NO transcript, or other paper or document,
which fails to conform 10 the requirements of
these rules, shall be filed by the clerk.
The record-union., 1892-04-30
RULE VI.
OF CLERK ON MOTION To
DISMISS.

l. On motion TO dismiss an appeal for n
failure TO file the transcript within the pre-
eribed time, there shall be presented the Ger
tificate of the clerk below, under the seal OF
the court, certifying the amount or character
Of the judgment or order appealed from the
date OF its rendition. the fact and date OF the
filing of the notice OF appeal, together with the
fact and date Of service thereof on the adverse
party and the character of the evidence bv
OF fling an undertaking on appeal. and thar
the same is in due form; the fact and the time
of the settlement OF the bill OF executions and
the statement ON appeal, If there be any: and
certified transcript or that he has NOT re-
quested tie c.erk to certify TO g correct tran
script Of the record. or if he has made such a
request that he mas not paid the fees therefor
ii the same have been demanded
The record-union., 1892-04-30

WILLIAM A. GETT, JR.,
A TTORNEY-AT-JAW. SUFFER- RTrrrD
N ing, southwest corner of Fifth and
Telephone No 359 %
The record-union., 1892-04-30

q. b. ROOT. ALEX. NELSON = DRIsCoL.
ROOT, TEILSGR & CO..
TTNIOE FOUNDRY-IRON AND BRASS
" Founders and Machinists, Front street,
between and o. Castings and Machinery
Ef every description made to order
The record-union., 1892-04-30
RULE XXI.

WITHDRAWAL OF TRANSCRIPTS, ETC.
No paper shall be taken from the courtroom
or clerks Office, except by order OF the court
No order VIII be made for leave to withdraw
q transcript for examination, except upou
leaving with the clerk a written receipt there
The record-union., 1892-04-30

CHAUNCEY H. DUNN. s. soLON Eor.r.
H0LL & DUNN.
! AWYERS.-OFFICES, 92O FIFTH ST
4 Sacramento. Telephone No Ia -
The record-union., 1892-04-30
RULE XXIII.

When causes are placed upon the calendar,
parties shall be primarily liable for costs. as
follows:
Eirst-If by the appellant, he shall first be
liable.
Second-If by the respondent, or by con-
sent, then bota parties.
Ia civil cases the clerk shall not be re-
quiFed 20 rel1lit tie final papers until the
costs are pad. In ali cases in which the judg-
nent or order appealed from is reversed or
modified and the order of reversal and moditi-
cation contains 10 directions as to costs OF ap-
peal, the clerk Will enter upon the record and
insert in the remittitur q judgment that the
appellants recover the costs OF the appeal.
The record-union., 1892-04-30

I2. All ex parte applications to the court for
the Issuance OF Writs in the exercise of its
original jurisdiction shall be in writing and
MED with the clerk, and the same shall be ac-
companied by memorandum of points and
authorities upon which the application is
madeI
The record-union., 1892-04-30
WAIVER oF ARGuNrEN1

2. The submission of q cause to a depart
ment without oral argument shall be deemed
TO be waiver of an oral argument of the same
in bank; if for any reason the same is there
after ordered to be heard in bank and when
the order that the cause be heard in bank is
made, the same shall be at once submitted for
decision, unless otherwise ordered by the
court
The record-union., 1892-04-30

For the purpose of correcting any error
or defect in the transcript, either party may
suggest the same in writing, and upon good
cause shown obtain an order that the proper
clerk certify to this court the whole CT part
of the record, as may be required, or may
produce the same duly certified without such
order. If the attorney or counsel of the ad-
verse party be absent, or the fact or the al
legged error or detect be disputed, the suggeS-
ton, except when certified copy of the
omitted record is produced at the time, must
be accompanied by an affidavit showing the
existence OF the error or defect alleged.
The record-union., 1892-04-30

WIN. NJ. SIMS. PHILIPS DpI1-E,I,
DRIVER SIMS,
7 AWYERS - 42O J STREET SACRA
IL mento. Notaries Public
The record-union., 1892-04-30
RULE XVII.

Criminal causes shall be placed at the head
Of the calendar. Other causes shall be ar
ranged on the calendar as the Chief Justice of
the court may direct.
The record-union., 1892-04-30
Cuticupa .Resolvent

CutlcuPa ReSOlVent
The new Blood and Skin Purifier and greatest
of HumOr Remedies, cleanseS the blood OF all
impurities and poisonous elements, and thus
removes the cause, while CUTICURA, the great
skin cure, and CUTICURA SOAP, an exquisite
skin beauJltier, clear the skin and scalp and
restore the hair. Thus the CUTTCURA RENE
DIES cure every species Of itching, burning,
scaly, pimply ana blotchy skin, scalp and
blood diseases. from pimpIes to scrofula, from
infancy to age, when the best physicians fail.
The record-union., 1892-04-30
DISPOSITION OF PAPERS.

8. Copies of all printed papers, points and
briefs bled IN the Supreme Court in any mat
ter appealed thereto must be deposited with
the CLERK of the court from which the appeal
is taken; and the copies so deposited SHALL by
said clerk, be delivered TO the Judge who pre-
sided at the trial OF the cause in the lower
The record-union., 1892-04-30
RULE XIV.
EXCEPTIONS TO TRANSCRIPT.

Exceptions or objections to the transcript,
statement, the bond, or undertaking on APP
peal, the notice of appeal or to its service or
any technical exception or objection to the
record in civil cases. affecting the right of the
appeilantto be heard on the points of error
assigned, which might lie cured on sugges-
ton of diminution of the record, must be
taken and notified TO the appellant i'll writ
ing al least five days before the hearing,
or they VIII not be regarded; and when
so noted, It shall be the duty of the aI pellant
TO pre- sent ana file at the hearing of the cause
such additional record, certificate or other
matter If such there be, to remove Or answer
the objection o.. exception so taken other
wise such objection or exception, If well
taken, snail prevail.
The record-union., 1892-04-30
AFFIpAvrTs.

o On motion 10 dismiss the appeal on anv
other ground than the failure to file the
transcript within the prescribed time. the
moving lapers snail consist of the certfiic4te
Of the clerk of the court below as to anv OF
the matters above mentioned. or OF af7iCiav-
its or beta such certificate and affidavits
The record-union., 1892-04-30
RULE XVI.

Upon the death or other disability of
party, pending an appeal, his representative
shall UG substituted III the suit by suggestion
In writing, on the part of such representative
or of any party on the record. Upon the
entry of such suggestion an order OF substi-
tuition shall De made, and the cause shall pro-
cesd as in other cases
The record-union., 1892-04-30
RULE A1A.
ORAL ARGUMENT

mo more than one counsel on a side will be
heard upon the argument, except in peculiar
and important cases; but each defendant
who has appeared separately in the court be-
low may be heard through his own counsel
The counsel of each party 10 case appealed
Shall be allowed only one hour, unless an ex-
tension of time be obtained from the court be-
fore the argument il commenced and in an
original proceeding such time as shall be fixed
by the court before the commencement of the
argument
The record-union., 1892-04-30
rifle XXI

OPINION TRANSMITTED WITH REy;7vrTTT-p
When judgment is reversed or modified. a
ce.tiAed copy OF the opinion in the case shall
be transmitted, with the remittitur. to the
court below.
The record-union., 1892-04-30

3. The time above limited may be extended
by stipulation but shall not be extended by
the court more than twenty days and such
extension of time shall be granted only upon
good cause shown by affidavit
The record-union., 1892-04-30
RULE XVIII.

In all cases where a paper or document is
required by these rules to be printed it snail
be printed upon similar paper and in the
same style and form except the numbering of
tue folos in the margin) as is prescribed for
the printing OF transcripts.
The record-union., 1892-04-30
]. W. HUGHES.

4 TTORNEY-AT-LAW, 42O j STREET.
"A Sacramento; rooms l, 2, i and 8. Notary
Public.
The record-union., 1892-04-30

IMPORTER AND WHOLESALE DEALER
l. in Fine Whiskies, Brandies and Cham
p2gne.
The record-union., 1892-04-30

2. The fee for license must, in all cases, be
eposited with the clerk of the court before
ne application is made, to be returned to the
pplicant in case of rejection.
The record-union., 1892-04-30

/. All orders granting rehearines. or for
hearing in bank causes decided in DEPART
ments, Shall be signed by the members of the
court asserting thereto, and filed with the
clerk.
APPROVAL OF COMMISSION OPINIONS
2. The order of the court approving an
opinion of the commission, and for Judgment
in accordance herewith, shall be signed by
the members of the court asserting thereto
OPINIONS WITHIN NINETY DAYS AFTER SUR
MISSION.
3. Every opinion which shall have received
the assent of a sufficient number OF the mem
bers OF the court TO order the Judgment
therein directed shall be filed within ninety
days after the submission of the cause in
which such opinion is written.l
FILING OF OPINIONS.
"a. Opinions will be filed in the Office of the
clerk OF the district where the court may be
in session at the time, but the opinion if in q
case submitted in another district shall after
filing, be Immediately transmitted bv the
clerk to the clerks office of such districtl
Ordered that the foregoing rules be and the
same are hereby adopted; that thev be nm b.
the statute in that behalf, and the clerk is di-
rected TO cause the said publication to he
made by one insertion in one of the daily
newspapers published in san Francisco Los
Angeles and Sacramento. and that they take
effect July l, 1892, and that thereupon the
rules heretofore made be abrogated
BEATTY, G.. J.
HARRISON, J.,
PATERSON j.
SHARPSTEIN, J..
DE HAVEN, j.,
GARoUTTE j.
Attest: L. H. BROWN, Clerk
April Is, 1882, ap30-1t
The record-union., 1892-04-30

$50 X ST., and 11OS-1I1O Third St..
Sacramento. Cal..
The record-union., 1892-04-30

.. For the purpose of hearing motions and
other applications OF which notice is required
to be given. each department will be IN ses-
The record-union., 1892-04-30

3. No person rejected shall be at liberty to
renew the application earlier than the third
regular term next after such rejection.
The record-union., 1892-04-30
RULE xxx.

AUTHENIICAIION OF PAPERS,
In all cases of appeal to this court from the
orders of the superior Courts the papers and
evidence used or taken on the hearing of the
motion must be authenticated by incorporat-
ing the same in bIll of EXCEPTIONS except
where another mode of authentication is pro
vided by law
The record-union., 1892-04-30

SOAP, 25c.; REsoLvENT, 81. Prepared by the
POTTER DRUG AND CHEMICAL CORPORATION,
RpCtpp
The record-union., 1892-04-30

MOIIONS AND IOK SER-
VICE OF NOTICES.
H. In all cases where notice of a motion
is necessary, unless for good cause shown the
time is shortened by the court, the notice
shall be ten days.
HEARING OF MOTIONS AND OTHER APPIICA-
The record-union., 1892-04-30
gtq,snrs, arrtate, 5srer, Gtr.

T IMPORTERS AND WHOLESALE DEAL.
Il ers In Wines and Liquors. Agents for the
celebrated Pommery and Greno Champapnc
The record-union., 1892-04-30
SERNICE OF MOVING pAPERS-

3. Copies of the moving papers. except the
transcript, shall be served with notice OF the
motion.
The record-union., 1892-04-30

M. CRONAN,
The record-union., 1892-04-30
TRANSCRIPT.

l. The appellant in civil action shall,
within forty days after the app al is per-
fected, and the bill of exceptions and the
statement df there be any are settled, serve
and file he printed transcript of the record,
duly certified TO be correct by the attorneys of
the respective parties, or by the clerk Of the
court from which the appeal is taken.
EVIDENCE OF SERVICE.
The record-union., 1892-04-30
RRIEES-
ExTENsToN OF TIME on BRIEFs.

10. The time above limited for filing points
and authorities shall not be extended except
by order of the court upon stipulation OF the
parties, or an affidavit showing good cause
therefor, and in no case for more than twenty
days. No brief shall be filed after oral argli-
ment.
The record-union., 1892-04-30

The expense of printing transcripts on ap-
peal In civil causes and pieadings, affidavits
or other papers constituting the record in
original proceedings upon which the case is
heard in this court, required by these rules to
be printed, shall be allowed as costs, and
taxed In bills OF cost in the usual mode.
RIFLE XIV
Evening capital journal. (Salem, Or.) 1888-1893, 1892-09-21
DifncuIt Juggling.

"One of the most difficult feats that
Iaccomplish, "says Kara, the juggler,
land one that l spent many days in
practicing, and which I consider a
really hard thing to do, is the bal
ancing of a lamp, while lighted, ON a
stick perched upon my foot, at the
same time balancing twirling basin
on stick in one hand and keeping
two plates spinning in the air with
the other, This, you can understand,
diversities the work very neatly to
say the least. Another act ON which
l spent many weary hours is the
placing of a lighted lamp upon my
head, tossing it by quick movement
Of the head into the air, where it
turns a complete somersault and
lights upon my head again all right.
1t is u hard thing on my head, too, I
can assure you, but lam compelled to
practice it daily that may not lose
my skill in the act Chicago Times.
Evening capital journal. (Salem, Or.) 1888-1893, 1892-09-21
Birds and Sympathy.

A pair of terms have been seen to aid a
wounded companion on the water. In
this case they lifted it from the surface
and tried to assist it to fly. The terms
not only showed sympathy but were
Lble to translate it into action. Other
birds, either less intelligent or less indif-
ferent to the danger which the presence
of human spectator suggests, exhibit
the same concern for wounded mates or
companions by flying round them or
alighting near the sufferer. st. John
mentions a case of sheldrake. which
would not leave its wounded mate, and
peewits will sometimes return and
hover over wounded birds, especially
early in the year, before the full grown
young have learned the extreme caution
which marks their behavior later in the
season.-Loncon Spectator.
Evening capital journal. (Salem, Or.) 1888-1893, 1892-09-21

A school inspector was examining .
class in grammar, and trying to cluci
date the complex relations of adiectivc'
and nouns by a telling example.
"Now. for instance said he. "wl,ai
am r.
That was an easy question, and ali
the children shouted, "A mani' and
then looked around triumphantly, al
much as TO say, task another
"Yes. but what else?' said the In
spector.
This was not SO easy, but after a
pause boy ventured to suggest, "A Lit.
tie man.
"Yes, but there is something more
than that"
This was poser, but at last an infant
phenomenon almost leaped from his
seat in his eagerness and cried. "Please,
sir. know. sir--an ugly little man.
Boston Globe.
Evening capital journal. (Salem, Or.) 1888-1893, 1892-09-21
Force OF Habit.

There was funny scene on crowded
Covington car few days since. A lad,
passenger asked the conductor:
'Does this car go up Main streetr
mo, madame"
"But ! really think it does"
''No, ma'am. Tm sure it does not"
81 was informed that it did," expostu
lated the lady,
"Ill tell you what I'll do" said the
conductor, pulling out roll of bills
from his vest pocket; "Tll bet YOU
Then he recovered himself, blushed
and beat a hasty retreat. He was Ken.
tuckian from away back.-Cincinnat
Enquirer.