davidaulloa/AmericanStories huggingface dataset:
The record-union., 1894-03-17
SUPREME COURT DECISIONS.
Litigants Have Right to Amend
Once Without Permission

Litigants Have a Right to Amend
Once Without Permission.
The Supreme Court has rendered de-
cision in the case of Clara Spooner, re-
spondent, VS.. Frank p. Cady, appellant.
a Lassen County case.
The action was one of claim and de-
livery, Cady being Sheriff and having
taken personal property under two
writs OF attachment. Plaintiff had iudg-
ment, from which and from an order of
court made after final judgment refuS-
ing motion TO set aside the default of
defendant and judgment thereon, de-
fendant appealed.
The action was commenced on October
8, 1892. On the 18th defendants de-
murer was overruled, and on December
10th he served and filed an amended
answer without leave of court first OBJ
tanned. Plaintiff moved to strike out
the amended answer, because it was filed
without permission and also without
notice TO plaintiffs attorneys, and was
not verified and did not state sufficient
grounds to constitute cause of action.
The motion was heard on December
23d, and plaintiff asked leave to verify
the amended answer on the ground that
he was absent from the county on officia
business. The application was denied
and the court gave judgment to the
plaintiff. 1t went further and declared
that the amended answer superseded the
original, and when it was stricken out
there was no pleading on file on behalf of
defendant.
The Supreme Court holds that the lower
court was in error and states that any
pleading may be amended once by the
party, OF course, without costs, and there
lore no permission was necessary, it be-
ing a right. Further, if the amended
pleading was void, it could not supersede
the original.
The judgment and order are reversed,
with leave to the defendant and respond
ent to amend his answer if he shall be SO
advised.
Qt would seem from the context of the
decision that it was intended that leave
should be given to defendant and ap-
pellant, who are one and the same per-
son, the respondent being woman.)
FRESNO DAMAGE CASE.
A decision has been rendered also in
the case OF Louis Braverman, respondent,
vs.. Fresno Canal and Irrigation Com
pany, appellant.
1t was an action for damages caused to
plaintiffs s vineyard by an overflow of
water from the canal OF defendant through
Its alleged negligence. y Jury gave ver-
diet for plaintiff and defendant appealed
from the judgment and order denying a
new trial, alleging an error of the court in
The record-union., 1894-03-17
New Chnrch Orchestra.

There has been a new orchestra re-
Gently organized here, connected with the
Congregational Sunday-school. The
membership consists of over twenty, and
they made their first appearance last
Sunday. The officers are as follows:
President, S. B. Nourse; Vice-President,
Miss Dollie Brown, and Secretary, w. f.
Renwick. The orchestra is under the
leadership of II. II. Vanderhoof, which
augurs well for the success of this new
enterprise. 1t will also greatly tend to
increase the mem bership of the school.
The record-union., 1894-03-17
MARCH 10TH.

The Chicago Quartet for the Lecture
Association.
This rare and unique musical organiza-
ton consists of quartet of ladies, whose
success. if comments of the press may be
regarded, is little short of astonishing.
Their appearance here, under the auspi-
ces of the Lecture Association, insures a
good house, and the reputation of the
singers promises pleased one. This en-
tertainment is the seventh in the course
of this season, 20 which will be added
one and possible two more.
The record-union., 1894-03-17
suit on a Mechanics Lien,

Charles C. Stone has filed complaint,
by his attorneys, William T. Renfro and
j. o. Prewett, against Thomas J. Wald-
rem to recover the sum of S9S (and COSTS
alleged to be due on plastering contract.
Isador Cohen and Cynthia J, Waldren
are also made defendants, as they have a
claim against the property on which the
plaintiff has fled mechanics lien.
The record-union., 1894-03-17
SOCIAL AND PERSONAL

Sheriff O'Neil and wife have gone to
San Francisco.
J. E. McMahon of Dixon is stopping at
the Capital Hotel.
Senator B. f. Langford of San Joaquin
is at the Capital Hotel.
Senator T. l.. Ford of Sierra County
was in the city yesterday.
Mrs. J. r. Wilkinson of San Francisco
is visiting friends in this city.
Mr.. and Mrs. Ben Leonard are here
The record-union., 1894-03-17
HARES AND HOUNDS.

An Exciting Race to Take Place at
Florin To- Morrow.
A match race for 500, between Nc
Mahon's dog Wildwood and Henry
Rumble's Penny, will take place on the
Gerber ranch, near Florin, tomorrow
morning. Owing to sudden attack of
sickness which seized L. w. Mahoney, it
is not known whether he can judge or
not. If not, Thomas Davis of E'loriu will
act. c. Gallagher will act as slipper and
j. Buckley as field steward. The con-
testants will meet at Florin at 9 A. NJ.
The money was put up in Major Fred
Neary's hands last night.
The record-union., 1894-03-17

giving to the jury, against its objection,
certain instruction relating TO exemplary
damages.
The Supreme Court holds that this point
cannot be considered, for the reason that
the stating or substantive part OF the
statement contains no such instruction.
The Judgment and order is affirmed.
The record-union., 1894-03-17
~ LOCKED IN FOR THE NIGHT.
No Agreement Yet by the Jury in the
Garcia Case.

Garcia case.
At the opening of court yesterday
morning Judge Johnson charged the
jury in the case of John Garcia. tried for
manslaughter in killing Thomas Wynne,
and they retired to deliberate.
Twice during the Gay the jury re-
turned to the courtroom for further i'll
structions, and on one occasion they had
Stenographer Duden read over again a
very large portion OF the testimony.
After waiting all evening for some re-
suit, Judge Johnson called the jury into
court at ll:30 o'clock last night and ask ed
them as to the likelihood OF their agree
ing on verdict.
The foreman announced that they stood
eleven to one, and Judge Johnson con-
cluded to let them wrestle with the case
awhile longer, so they were locked up for
the night. OF course no one knows
whether the eleven are for conviction CIR
acquittal.
The record-union., 1894-03-17
To. Nights Ball at courtland

The Courtland Social and Dancing Club
will give the ninth party OF the series
this evening at Houston's Hall. The
club has spared no pains to make this
one of the best socials of the season. A
good time is assured ali who attend.
Jones 81 Hand of this city will furnish
the music.
The record-union., 1894-03-17
German Lutheran Combinations.

At the German Lutheran Church to-
morrow the solemn rite OF confirmation
will be administered to number of
young Christians, who will at the same
time be admitted to the membership of
the church.
AT 1890 A. NJ. the German class will be
confirmed, and the pastor, Rev. G. +.
Oehler, will preach in the German lam
guage.
AT 7:30 P. NJ. the English class will be
confirmed, and the service will be con-
Quoted in the English language.
The record-union., 1894-03-17
Died at Vallejo.

Harry Beveridge, son of the late David
f. Beveridge and brother of d. f. Bever-
idge of Vallejo, died in the latter city
few days ago after a long illness. De-
ceased lived in this city several years ago,
when boy, and there are many here
who knew him well.
The record-union., 1894-03-17
To-Morrow,s Rabbit Drive.

The rabbit" drive to take place four
miles south of Franklin tomorrow at 10
o'clock is expected to be successful and
exciting one, as there is said to be many
hareS there.
The record-union., 1894-03-17
New citizen.

John William Corrigall. native of
Canada, has been admitted to citizenship
by Judge Johnson.
The record-union., 1894-03-17
DIED.
ARWIN-James H. Darwin. aged % years.

DARWIN-James H. Darwin, aged 90 years,
i month and 19 days.
RY~Friends OF the family are respectfully
invited to attend the funeral from the resi-
dence of his father-in-law, 1923 2 street,
today Saturday, March 18th, at
O'Clock; thence TO the odd Fellows Temple
where funeral services will be held, under
the auspices of the l. Q. o. L. Relief Commit
tee.
O'BRIEN-In this city, March 10TH Frank
H., beloved husband of Maria OBrien, and
father of Mrs. G. q. Murasky, George, Annie
Frank, Retta, Willie and Alice O'Brien, q
native of Ireland. aged 80 years, S months
and 22 days.
H5r Friends and acquaintance are respect
fully invited to attend the funeral from his
late residence, 1907 Fourteenth street. Sun
day afternoon at 2:30; thence to the Cathe-
dral, where funeral services will be held
PEARSON-Tn this city. March 18th, Nelson
p, husband of Fina Franson Pearson, ma
tive of sweden, aged A years, 2 months
and days
ES- Friends and acquaintanceS are respect
fully invited to attend the funeral tomorrow
Sunday at ] O'Clock. from his late resi-
dence, 1909 Second street; thence TO the
English Lutheran Church, Sixteenth street,
between J and X streets, where funeral serv-
ices will be held commencing at O'Clock.
tICKETT-In Cosumnes, March 18th, Olive
B.. beloved wife of William III. Pickett, and
daughter of Mr.. and Mrs John Hanlon,
aged years, 6 months and 2S days.
S8-Funeral will take place from her late
residence, at Costumes, at 10 A. N. Sunday,
March 18th. Interment Bellview Cemetery,
near Walsh's Station.
The record-union., 1894-03-17
METRoPoLITAN MARKEr.

@ w. COR. TWELFTH AND E STREETS.
y. We supply nothing but the finest OF meats.
Market and meats viii be furnished any day
and at ali hours. CONRAD SCHEPP, Propr
The record-union., 1894-03-17
Church 3JntfrcH.

ELDER WILLIAM INGS WILL CON-
IL tinue the service at tie Seventh-day Ad-
ventist Chapel on q, between Eighteenth and
Nineteenth streets, Sunday evening at 1880.
Subject: Prophecy" All are invited to at
The record-union., 1894-03-17

THIRST BAPTIST CHURCH. NINTH AND
L L.-Rev. A G. Herrick, pastor, will preach
ing, $50. Preaching at 7:30. All welcome.
The record-union., 1894-03-17

T,IRST NJ. e. CHURCH SOUTH, SEVENTH
/, street, between J ana X. Subject for 1 l
a. NJ: 'Burdens and How to Carry Them y
Subject for 7:3O P. NJ: "Safeg yards Tor Young
Men" All are cordially invited to attend.
II Atkinson DaStOr
The Yellowstone journal. [volume] (Miles City, Mont.) 1893-1901, 1894-01-27

THE Billings Gazette in arguing for
the establishment Of a land office at
Billings says:
1t is a fact now. hat over half the
business transacted by the land offices at
Bozeman and Miles Cit from the
public lands contiguous to Billings.
We don't know how it is with the
Bozeman office, but as TO the Miles Cit,
office, we can confidently assert that IN
the past -four years the business coming
from public lands contiguous to Billings,
including original entries. contests and
final prooss. could he conveniently count.
ed on the fingers of one hand, and the
thumb be not callel INFO use. perhai ;
Bozeman does more. Hi. there. Boze-
man, how Is IT?
The Yellowstone journal. [volume] (Miles City, Mont.) 1893-1901, 1894-01-27
To Benefit Barmaids.

A movement is on foot in England,
fostered by a group Of noble ladies in
terested in the subject, to protect bar
maids as to their hours Of labor. 1t is
estimated that there are 100. 900 young
women in London in licensed houses
who work from Is to 10 hours q day ON
weekdays and from seven to nine hours
on Sundays, with one Sunday off in
each month. Surely when 30 much is
said about an eight hour day for men
these young women ought not to be for
gotten. They find q haven Of rest in
their brief intervals of leisure at the
Morley rooms, established by the late
Mr.. Samuel Morley and now under the
superintendent of Miss &. NJ. Cough.
Here barInaids out of work can stay,
paying a very small sum for board and
lodging. But the social part of the
work is the most valuable. Barmaids
are brought into contact with ladies of
education and refinement. The rooms
are used for reading. writing, music.
conversation. rest and advice, and books
are lent from an excellent library
London Truth.
The Yellowstone journal. [volume] (Miles City, Mont.) 1893-1901, 1894-01-27
A Curious Procession.

A curious procession nee too place
at Brussels. One part of the display
consisted of "a car containing an organ
played by a bear. There were no pipes
to the instrument. but "A number of cats.
each inclosed IN a narrow cage. an
swered the purpose. They were so ar
ranged that when the bear touched the
Keys of the organ the cats tails were
pulled, and the result was anything but
choice music, TO say nothing of the cru
city thus practiced on the poor ami
nal .-Brussels Correspondent.
The Yellowstone journal. [volume] (Miles City, Mont.) 1893-1901, 1894-01-27

THE February Forum will be an unu.
sually interesting number from the fact
that two of its leading articles will deal
with the live subjects of the day. viz:
The Hawaiian controversy and the vii.
o bill. The Hawaiian matter will be
discussed by the eminent historian. Mr..
James Schouler of Boston. who as a
student Of International law has gonr
over the whole matter especially for the
Forum to make it plain. without any
partisan purpose To serve. The Wilson
bill will be dissected by Mr.. Albert
Clark. secretary of the Home Market
club of Boston. who will give it sharp
from a protection standpoint
The Forum. at its reduced price of -
cents a number. is now within reach of
all. and is the best critical periodical
now before the public.
The Yellowstone journal. [volume] (Miles City, Mont.) 1893-1901, 1894-01-27
HEALTH BETTER THAN WEALTH,
And You Can't Retain the Former aud Give
Exercise the Go by.

And You Cant Retain the Former aud Give
Exercise the Go by.
DR.. 4. SymUDs EcclCs has struck the
keynote of radical improvement in the
general health of city communities
when he says that the most potent fac
tor of present day ailments is the abey-
ance into which the muscular system is
allowed to fall by jewellers in cities,
who are daily becoming more and more
dependent on artificial means of loco
motion and labor saving apparatus. un-
til disorders of digestion and nervous
maladies are now as common among
the comparatively poor as they are
among the wealthy. The rich mar en-
deavors to overcome the mischief
wrought by his ~sedentary life by horse
back exercise or golf, but the poorer
man, who is unable to afford these recre-
ations, neglects his muscular develop
ment and invariably tumbles into his
train or mounts his street car rather
than waste the time necessary for a
brisk walk or a half hour in the gym
nasIum.
The popularity of the bicycle has
N-ANa w aOuAAAt III uleu-I vi HDS
Giles engendered in a large proportion of
town residents, but there are still num-
bers of persons of both sexes who re-
quire vigorous muscular exercise in or
der to maintain health. Women are
the victims of modern, social and COM
mercial changes almost if not quite as
much as men. The Capitalization of
many domestic industries may have i'm
proved the character of the products
thrs manufactured or of the work per
formed, but when bread was made and
washing was done at home the female
members of many families fairly well
OIL, but not too richly endowed with
this worlds goods, We're profitably en-
ployed in kneading the dough and iron
ing the linen. One of the results of
this general Discrimination to take the
amount of exercise essential to health
is the revival OF a practice which is re-
corded in the earliest medical papyrus
in the British museum.
The introduction of massage may be
regarded as specific evidence of the ten
dency in these latter days to the neglect
of muscular exercise, and DIR. Eccles |
holds that If il be rue that the abev-
ance of function in certain glands l.
of diseases which can be
cured by the injection Of organic llq-
uids derived from a similar source
and modern research has established this
belief-much more is il evidently true
that the failure to employ the great bulk
d muscular tissue, which is so large a
of the human frame. will. and
invariably does. give rise to disordered
and altered structure in the
other organs and Tissues Of the body,
which are interdepeudent on the activ-
Itv of the muscles and each other. Men
tai and ovcrstrain j. rarely
from uu rular disuse and
iaccidity. The bur'ieu Of DR.. Eccles'
'xhortatlon Is: Even If you make a
little less money. take more exercise.
You will save the difference in doctors
bills and bring more happiness not only
INTO your own life, but into other peo-
ole's. "-Pittsburg Dispatch.
The Yellowstone journal. [volume] (Miles City, Mont.) 1893-1901, 1894-01-27

for other purposes i. e., said other pur-
poses being unconstitutional and also
robbery. minneapolis Tribune.
The Yellowstone journal. [volume] (Miles City, Mont.) 1893-1901, 1894-01-27
A Third Star.

Now the political equality clubs a.e
busy sewing on To their equal suffrage
flags a second star for Colorado. besides
the star of Wyoming. While they are
about it they may as well prepare a
third star for Kansas, to be added next
fall -Womap's .Iourpal
The Yellowstone journal. [volume] (Miles City, Mont.) 1893-1901, 1894-01-27

Z, o,..s -
O,r Fine, pr.,,., -.
Fasbi,, u,,.b a., So. 49,. -
Tho "si,,.r- no. .,aaI -, -.
And mad, a pripcelv for,p,o Gor i,s ,,,ar,~,
Tn. "Fashl,,- si,,., n,,.,.. -
movement an m. ORIGINAL ,,o.tir. -
ali modern imuroyem.ut. un Ia da,. wb,cr
are known or found in a Grst- t.u3r..
ing machine
The automatic hohhi, u;rJ.- ,ri,4s au On.
of thread on In. bobbi, IN . ,s.I,. ,.3 o.,
bread i, wornd yyi,l,,, ora, = o.,,. az.
the part Of the o5rrs.or. .xc.p, l., ,.nr.
treadle moving. OWN. =, tho u..tf,. E,,. .
what is termed a tight and l,o-. wb..i ~,
bobbin can be wound without running Tue
~orklhs paris" o. the Elar"'Hr. Tbs Is qDi'c
an advantage as u doc not "rces'itaie the re
moving OF The goods NOM underneath the
presser FOOT nor even Unt!rrading tie ma
chine.
The needle is short and straight, thus insur.
Ing great strength: It is also self-set,ing. re-
curing no care on the part Of the operator.
The pressure on the sewing foot is adjustable,
snu u M DOL raised 10 remove the work
from the machine, IL brings into play the Au-
tomato tension release. This takes thu ton.
.,o, from ~. ,b-sad a,a -
~ NV aHu az s"ous Can oe re
moved from the machine without bending IA,
needle or breaking IN. thread Fverv,,..,,
on old style machines VIII appreciate this
point.
~
I"N' machine j. 'urAiaheh Win the fouow.
ting accessories AMI attachments:
OIL can filled with oil 10 nsadl.. sAhh..
.n.,,h LII,
u'N Il Eu'ue screw sr2e ana small
scre" driver' instruction book, foot hsmmer
fel-er. rufier. tucker, binder, and Q set OF ,
hemuers Of assorted Widths ". IL ,,r,f.L
sua'a"tee "artahtlng the machine
for five years, breakage OF needles and shuttles
The Yellowstone journal. [volume] (Miles City, Mont.) 1893-1901, 1894-01-27

next she. 80 always elected to the right
and awav - the shooter. Another great
advantage is mat the doing away with the
opening on the top and the closing Of the side
slot by the bolt makes it impossible for any
rain. snow, falling leaves or dirt to get into
the action.
In case Of a defective cartridge giving out
around the head. as often happens from re-
loading Or from poor metal, no powder will
be blown into the face or eyes. as the solid top
forms a perfect shield"
The Marlin Repeating Rife Ia made in sew
eral calibres, and any make of Cartridges of
used for it.
This Rife is made in the following sizes: x,
IS and n calibrs.
The Rife we offet as SHOWN In this drawing
u the standard sze, with pistol grip stock and
% inch half octagon barrel. weight ~ pounds,
and holds Is cartridges
we will give this Rifle FREE
to any one sending US 40 new paid-up yearly
subscriptions. or for % new paid-up yearly
subscriptions and 500 In cash added: or we
will cell thi. Rifle to a subscriber for
iA.oo In cssh. express charges to be paid
by the receiver. Retail list price Of this Ria.
Is Sel.a
Zgoda = Unity. [volume] (Milwaukee, Wis.) 1881-1901, 1894-07-25

dreniu. = q szacunkiem Antoni Jsdrle-
jewski, sekr.
zwisSkowy Antoni Rucihski "
New Haven, wstepujs " stan maiaeh.
ski. ZSozymy pony sluosoil
- Francis1eK E9ier Z New H,vsu,
Conn. wyjsdzie DO E,ropy IA poo.stku
pr.yszlego miesiscu Z powodu braku
pracy, ~pozostanie jednakowoa " .wi,z-
ku nadal.
- w f.brykach ~agon6w koleiowych
" New York, New Haven, Hartford
R. R. Co. pozbawiono piracy pr.eszlo
900 lud,i. Gas roboo.y 8 god1in
dziennie.
= Posiedzenie Tow. Miodyoh Pre-.
mystowc6w cdbedzie sic " nied,iels 8
60 sisrpnia o 2 81 poiudniu M sail swy,
kiych Posied.eh. Uprssza sic wsryst.
kich czlonk6w, ably beg wyjatku stawi
II sic, gdyt M tenn posiedzeniu x~ostanie
obrana nova administracys.
y. AoamoWsk1, prex.
= Prsyp 'minamy tow. Zyguunts
Augusta, 81. 240. as posiedzenie przy.
Pada dnia 20 lipca, " niedriele po po.
fudniu o gcdIinie q. Poaa.
dane jest obecnosc wszystkioh o.lonk6w
- ak r6wniea i kandydat6w ,spr,sza.
my ma posiedzenie. k,ore sic odbedEie
PREY otwsrtych drzwiach; wieo kaady
mote prIyjsc beg aadaych ceremonii
Jat wieoie braoia, many wasue spra
Wy do zsistwienia. Posmiertne dc
Zwiazku wynosi na ten miesiao ~ OF
IPstiDgej pras.om letu wnikus pribu'
ii MAS turiam spacysinej letuwiszku,
rejkafus apsznickieti su broliszku pas
wiajkinlmu Jusu tsruas.
j. Ejdymtss, PREF.
Zgoda = Unity. [volume] (Milwaukee, Wis.) 1881-1901, 1894-07-25

Urzednikami tego to~wsrzystwa % OBJ:
M. Lublhski, prezes. W. Bisikiewicz,
vice prezes. J. Olntyhski, sekr. prot
]. Hlebowski, sekr. I'm. A. Sadowski,
kasyer. A. Neit.sl, ]. Bidoiek, s
Osante, opiekunowie kasy. Petr.el,
marsraiek. Posiedzenia tego towaray
silva odbywala sic W kaads druga ME.
dziele " miesiscu, W hall Sw. Kszimie.
RIA ma Poznaniu. - 2 brstniem pozdro.
wieuiem n. kubinski, prezes J.. Oh
sztyhski, sskr.
- Ma posiedzeniu Tow. sw
Kazimierzs grupy 2l9 q. N. p. obranc
nastepujscy zsrzsd: w. Szleichert
prezes. J. Rosihski, vice prezes. A
RosihsEi sekr. prot. J6z. Gszegorzsw
ski. sekr. fl. Aft. Tokar,ki, kasyer
]. Matysik, Teo. Swiotkowski, A Ksjs
Rads gospodsrczs. A. Wisniewski, J.
Koscierski. marzaikow vie. r. Wodsj
choraty. M. Smogor, A. Msaurowski
asystenoi. - Donosze r6wniea q To.
waraystwo nssze przystspiio do Sksrbu
Narodowego Rspperswylu, obowia.
zujac sic psacie jednoce ntows skisdke
Wszelkie koresT o,dencye d~otyczsoe sic
Tow. sw. Kszimierzs prosze sdresow.6;
A. Rosi6ski, sekr. 1884 w. 22nd Ut.
Chicago, Ills.
- Ma pcsiedIeniu k~wsrtalnem Tow.
Polskich Szewe6w i'm. Jana K~ilifskisgc
uchwsliin piscic jeduego centa ma Sksrb
Nsrodowy " Rspperswylu. Ziotonc
tl.S3. Wyksz o6srodawo6w:
Wisdysssw Tobihski 12c. Jszef Ksr.
pihski IL. Jan Grudecki IL. MARCEL
Moszczy h,ki IL. Stsnisssw Prsski IL
A1drzei Kominkiewic 5. Jan Cwiklih.
ski IL. Wojciech Bsllssss IL. Jan
szostak IL. Kszimierz KlesEozJ hski IL
Autoui Zsrsmbski IL, Frank Kowslski
5. An rzej Groozelsk 5. Leon wlekli6
ski 10. Michsi Hsbrylewicz ID. Stani
slsw szczerbi6ski IL. Stsnis,sw Swis.
tex IL. Frsnciszek Krrywihski 8. Leon
Kleszczyhski IL. RsEem t1.99.
Jan Sr6stsk, sekr. 104 Cornell st.
- Towsrzy,two Krswo6w Polskich
" Buffalo, N. Y. grups 1914 uckwsliic
plscic m~iesiecznie skisdke ma Skarb
Nsrodowy Polski ! obrsio psns Win
centsgo Msseckiego kelsktOrem do ko-
lektowsnis skisdek ns ksadem posie-