Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1893-06-16
Supreme Court Decision.

County Auditor.
Supreme Court Decision.
A decision has been handed down by
the supreme court in the Sullivan case
appealed from Morton county. The
syllabus is as follows
The lien of an attorney for money due
his client in the hands of the adverse
party, under Section 40. Compiled
Laws, when secured by compliance with
the requirements of that section gives
the attorney an interest in such moneys
similar to that of an equitable assignee
thereof.
His interest extends to and embraces
the judgment rendered in the action to
recover such moneys aud also the under
taking to pay such judgment given by
the defendant in such action on appeal,
and also the cause of action on such
undertaking against the surety thereon.
The attorney has the same equitable in.
terest in such judgment, undertaking
and cause of action upon the under.
taking that he has in the money due his
client from the adverse party.
When, however, the surety on such
undertaking after the attorney has Sc
cured his lien, but before the surety had
notice thereof, purchased a judgment
against a client. Held, that in action
upon the undertaking on appeal, the
surety's right to setlof such Judgment
was absolute and was unaffected by the
attorneys lien.
The entry of notice of lien under sub.
division 4 of Section 40 is not notice to
any except the judgment debtor.
One who buys a setoff to a claim
against him without notice of a prior
assignment of such clam, may use the
setoff as a defense the same as though
the claim against him had not been
assigned.
H. G. Voss for appellant; F. H. Regis.
ter for respondent; opinion by Corliss, j.
Order of the district court Of Morton
county affirmed.
For Sale.
The finest half. section land in North
Dakota, on twenty years time without
interest, one mile north Williamsport,
Emmons county; also eight lots in block
IS, and eight lots in block 81, and eight
90
lots in block 70, Mckenzie & CoAin's ad-
dition, to Bismarck. Sealed bids re.
ceived until July l, 1893. 1 reserving
the right to reject all bids. Address,
W. E. W1NEBURG,
AL 5. 18th ST., Richmond, Ind.
Echoes from the Masonic Convocation.
David NJ, Holmes of Grand Forks has
been elected Grand High Priest. j.. H.
Marshall is E. G. Master First Veil.
One hundred and twenty.seven addi-
tons have been made. to the Grand
Chapter in the past year, and but three
deaths have occurred, among them that
Of John Davidson.
L. W. Gammons, the retiring High
Priest, was presented Thursday with a
handsome Past Grand High Priests
jewel.
Secretary Wilder says the loss Of the
Masonic library in the Fargo fire was q
serious one, n volume alone being
valued at 800.
The total membership of the ten
charters in the state is 623. The largest
chapter is that in Fargo, with 123 men,
bers, and the smallest that at Mandan,
with twenty-three members.
A charter has been applied for and q
chapter will soon be instituted at Dick.
inson.
800 Reward. 800.
The sreaders Of this paper will be
pleased to learn that there is at least one
dreaded disease that science has been
able to cure in all it's stages and that is
catarrh. Halls Catarrh Cure is the
only positive cure now known to the
medical fraternity. Catarrh being a
constitutional disease, requires a con.
stitutional treatment. Halls Catarrh
Cure is taken internally, acting directly
upon the blood and mucous surfaces of
the system, thereby destroying the
foundation of the disease, and giving
the patient strength by building up the
constitution and assisting nature in
doing it's work. The proprietors have
so much faith in it's curative powers,
that they offer 500 for any case that ii
fails to cure. Send for list Of testl.
monials. Address,
f. j. CHENNEY & Co,
Toledo, Ohio.