davidaulloa/AmericanStories huggingface dataset:
The advocate., 1894-06-13
7126.
]. G. Ard VS.. c. II. Pratt.
Error from Allen County.
AFFIRMED.
AFFIRMED.
JOHNSTON J
BY THE COURT.
SYLLABUS.

SYLLABUS. BY THE COURT. JOHNSTON J
In 1878, NJ. obtained patent from the
United States for tract of land, but never
took actual possession Of the same. A., claim"
ing title. went into possession Of the same
land In 1873, but never paid any taxes thereon,
and this possession, which was exclusive and
adverse, continued for more than fifteen years,
and until the title of NJ. was extinguished by
adverse possession. The taxes on the land for
1883 were not paid, and 1t was sold TO-
stranger for taxes, and tax deed therefor
was issued in 1887, In 1885, and after the statute
Of limitations had run against the patent title,
M. purchased the outstanding tax title and
subsequently conveyed the same to, P. who
brought an action to recover the land from A.
Held, That as M. owed no duty 10 A. to pay the
taxes, and as their claims to the land were an
tagonistic, NJ. was not disqualified to purchase
the outstanding title nor was the grantee OF
M. precluded from relying upon the same as
against the adverse possession and claim OF A.
All the justices concurring.
A true copy.
Attest: y. J. BROWN,
TsEALl Clerk Supreme Court.
The advocate., 1894-06-13

7isL
w. NJ. Benham and A. I. Lea Vs. ]. B. Smith.
Error from Cherokee County.
REVERSED.
SYLLABUS BY THE COURT. HORTON, G.
!. The case Of Hill vs. Bank, ~ Kas, S64,
followed.
q certain promiasory note payable to s.
and signed "Wm. NJ. BenhRm, President Odd
Fellows Hall Association; A. 7. Lea, aecre-
tsFys" Was sued upon BY 81 she Ioriglnal payee
The advocate., 1894-06-13
AFFIRMED.
BY THE COURT.
SYLLABUA

l. Where person dies intestate who ig not
q resident or inhabitant Of the state Rt the
time Of his death, and who left no estate
within the state to be administered, probate
court Of the state has no jurisdiction to issue
letters Of administration on the estate OF such
intestate and where letters are issued, the
acts Of the court in doing 80 are utterly null
and void.
g. Letters 80 issued without authority may
be set aside by the court In which they are IS
sued upon its own motion, or such acuon may
be taken at the instance Of anyone Interested
in the administration and where an action
has been brought by the administrator
against railroad company TO recover dam
ages for an injury alleged to have caused tne
death Of the intestate the company has sum-
cient interest TO make it q competent party 70
institute proceedings for revocation OF the
letters Of administration.
& Where letters Of administration are Is
sued without jurisdiction, and the probate
court, upon q hearing, determines and orders
thSt they be declared null and void. the per
SON Illegally appointed as adminissratrix Is
not entitled 70 appeal trpm such 90 order
The advocate., 1894-06-13

without giving the appeal bond required from
ordinary appellants.
All the justices cOncuPFing.
true copy.
Attest: G. J. BROWN,
LsEALl Clerk Supreme Court.
The advocate., 1894-06-13
Otis L. Thisler VS.. ]. ]. Miller.
Error from Dickinson County.
AFFIRMED.
AFFIRMED.
SYLLABUS.
JOHNSTON, ]
BY THE COURT.


SYLLABUS. BY THE COURT. JOHNSTON, ]
/. judgment in favor of the owner for the
recovery OF q part Of numb ber of animals from
an officer who had wrOngfully seized them
upon an execution against another than the
owner, where all of the animals were seized
ana taken from tns possession OF the owner ae
bar to the maintenance of another action by
the owner against the officer to recover the
remaining animals so seized and detained.
q motion for new trial on the ground
Of newly discovered evidence will not be sus-
tanned where 1t appears that the testimony
relied upon was Within the knowledge Of the
party, who was absent from the trial, but who
had failed to communicate the facts to the
attorney who appeared in his behalf.
All the justices cOncurring.
A true copy.
Attest: C.J. BROWN,
[sEALl Clerk Supreme Court
The advocate., 1894-06-13
716S

In the Matter of the Estate OF E. B. Mallory,
Deceased, and Fannie Mallory, Admintstra-
trix, vs.. The Burlington & Missouri River
Railroad Company in Nebraska.
Error from Atchison County.
The advocate., 1894-06-13
Tootle, Hosea & Co. vs.. C. R. Rice, ct al,
Error from Pratt County.
REVERSED.
SYLLABUS, BY THE COURT. HORTON, G.

1. The property of co-partnership Is the
Joint property Of the partners and unless oil
the partners consent to do so, one partner can
not dispose Of the property Of the partner
ship to satisfy his individual debts,
q The consent of q partner to the sale and
transfer Of the Joint property Of the partner
ship by one partner to satisfy his individual
debts must be established in q satisfactory
monner, not resting upon vague and uncer:
tain inferences; otherwise the rights OF
the non.consenting partner may be
improperly sacrificed and the creditors Of the
partnership unjustly deprived OF priority OF
payment out of the partnership assets,
All the justices concurrlng.
Atrue copy.
Attest: .. J. BROWN,
TsEALl Clerk Supreme Court
The advocate., 1894-06-13
94C)5.

04O5
Alfred BlakeF, Administrator, ETC., vs.. Hood &
Kincaids and o. E. Morse, Receiver.
Error from Linn County.
AFFIRMED.
SYLLABUa BY THE COURT. JOHNSTON,
1. The provisions of the constitution au-
thorizing the organization and control OF
banks OF circulation do not limit the legisla-
tive power nor operate to prohibit the enact
mene Of laws imposing reasonable regulations
upon banks Of deposit and discount
2. The act providing for the organization
and regulation Of banks tChap. 4S, laws Of
1891 is held to be within the scope OF the
police power Of the state and not an uncon'
stitutional infringement Of private rights.
8. The act does not contravene the constltn,
tional provision which requires that "no Pill
shall contain more than one subject, Whlcn
shall be clearly expressed in its title"
All the justices concurrlng.
1ttast. G. ]. BROWN,
TsEALl Clerk Supreme Court
The advocate., 1894-06-13
7iO2.

7lOS.
Lorenzo d. Stephenson, OF al. Vs. Albert II.
Elliott.
Error from Jackson County.
REVERSED.
sYILABUa BY THE COURT HORTON, @. ]
1. Where the grantee Of a deed enters into
AN agreement with the grantOr that he Will
assume and pay all OF the mortgages and en-
cumbrAnces on the land conveyed at the time
of the execution Of the deed, but BY the mu-
tuAl mistake Of the parties the deed In It's
written form does not express this contract.
equity has jurisdiction TO reform the written
Instrument 80 as to conform TO the intention,
agreement and understanding OF the parties.
Where the grantee, as part OF the con-
siderNtiOn for the conveyance OF tract OF
land, accepts deed which provides that he
"Aastimes and agrees to pay all the claims,
mortgages and Interest Of whatsoever nature
OF record at the date OF the deco" he becomes
thereby personally liable to the mortgages TO
pay the mortgages on the premises 80 con-
veyed to him.
All the justices concurring.
A true copy. DDo,,,,
Attest: Y. y bhOMN1
TsFALl Clerk Supreme Court
The advocate., 1894-06-13

71SS.
Union Pacific Town Site Company vs. Charles
Page, ct al
Error from Shawnee County.
REVERSED.
sYLLABUA BY THE COURT. HORTON, G. ]
An agent Of Q town site corporation en-
gagged In building and promoting Q town has
NO implied authority to purchase lumber and
other supplies for private individuals to con-
struct buildings upon their own lots, pur-
chased by them from the town site company,
and TO make the corporation liable for such
lumber and supplies.
All the justices concurrlng
A true copy.
Attest: Gu BROWN,
TsEALl Clerk Supreme Court
6O75.
Bradley, Weeeler & Co.. ct al, VS.. Frank Borln.
Error from Rocks County.
MODIFIED.
SYLLABUS. BY THE COURT. HORTON, G. ]
In an action for damages on account OF the
wrongful levy OF an attachment upon goods,
wares and merchandise, special damages for
loss Of profits not alleged In the petition can
not be recovered.
| All the justices concurrtng
A true copy.
Attest: Y. J. BROWN,
TsEAL1 Clerk Supreme Court
9545
State OK rel, Alfred J. HSrwl, VS.. w. d. Webb,
Judge, ct al.
Original Proceedings in Mandsmus.
WRIT DENIED.
SYLLABUS BY THE COURT. HORTON, G.
With q view TO substantial justice between
| the parties, trial court, even after motion
for new trial 10 Overruled, may reserve for
future consideration the question whether
| Judgment should be entered upon the verdict
4 Of the Jury. Sec. 400, Civil Code.
All the Justices concurring.
Attest: G. J. BROWN,
[sRALl Clerk Supreme Court
The advocate., 1894-06-13

71O0.
The Farmers Stock Breeding Association vs..
Adam Scott, OF al.
Error from Norton County.
REVERSED.
SYLLABUS BY THE COURT. HORTON, G. ]
1. Representations made by a seller to q
purchaser after q contract OF sale has been
cOnsummated, are not actiOnAble.
q To maintain an action for fraudulent
representation made to induce sale, the rep
resentation must have been known to be false
by the person making 1t, or at least he must
have made it without reasonable grounds for
believing it to be true.
B Where the seller gives to the purchaser
o written warranty, the purchaser can not
maintain an action upon q contract OF war
ranty not included in such written 1nstru-
ment received by him.
All the justices concurring
A true copy. ,o,,,,r
Attest: Y. '. bhOWN'
TgRGLl Clerk Supreme Court.
The advocate., 1894-06-13
Thomas A. Kirk VS.. John G. Goodwin, OF al.
Error from Wyandotte County
AFFIRMED.
SYLLABUS. Blythe COURT. HORTON, G.
SYLLABUS.

Where q contractor enters into an agree
ment with the equitable owner Of certain lots
to furnish material and labor for the improve
ment OF the same, and subsequently hles q
mechanics lien upon the lots, alleging therein
that he has furnished the material and per-
formed the labor In accordance with his con-
tract with the equitable owner and that the
person contracted with is the owner OF the
lots, and afterwards In an action brought by
the contractor against such equitable owner
TO recover q personal judgment against him
for the material and labor furnished and to
the party, who has the legal title, Is also made
defendant In that aetiOn, and such con-
tyRetor ohtaina Q peuoqAl judgment against
The advocate., 1894-06-13

1lS9.
Harry Talcott VS.. The First National Bank Of
LArned.
Error from PaWnee County.
AFFIRMED.
sYLLABUs Blythe COURT. HORTON, @. J
l. A pass book given by bank to depositor
is mot written contract but is primo fdete
evidence that the bank received the amounts
at the dates therein stated and binds the bank
like any other form Of receipt and ts open to
explanation by evidence dlilgnd2
q When an appeal Is taken TO the district
court from the Judgment Of the Justice OF the
peace, and full pleadings are hled In that
court, the parties are bound thereby; ana IL
itappeSrs from the answer OF the defendant
that no counter-claim, set-oR or other de-
fenseS Is alleged, and 1t 10 shown by the plead
inRs, Including the allegations In the answer
OF the defendant, that the plaintiff 10 entitled
to Judgment, the court may render Judgment,
upon the pleadings on the motion OF the
plaintiff.
All the justices concurring.
A true copy. ,,,,,,
Attest: Y. J. BkOMN,
TsEALl Clerk Supreme Court
The advocate., 1894-06-13

tAOAs
George P. Cole Va ]. NJ. Bower.
Error from Cowley County.
AFFIRMED.
SYLLABUS. BY THE COURT. HORTON, g.
1. Where Il is urged that errors of law oc.
CURED upon the trial, and the record shows
that the motion for . new trial was overruled,
put neither the motion, nor the grounds con-
tanned therein are preserved, the supreme
court can not review the same.
q "A party who has given receipt admit
ting payment In full has she right always to
show By par0l evidence that 1t was given by
mistake and that IL was untrue" Clark va.
MAFbourg, SO Kas., AL
All the Justices concurring.
A true copy.
Attest: Z. J. BROWN,
TsEALl Clerk Supreme Court
The advocate., 1894-06-13

IUaO'
L. F, Crosby va. w. P. Wilson, as Sheriff Of La
bette County,
Error from Labette County.
AFFIRMED.
SYLLABUS. BY THE COURT. HORTON, G. ]
/. A general exception to an entire charge
of a court, where any portion Of the same Is
correctly given, is insufficient State vs..
Wilgus, 80 Kas., 1876.
3. In order topreserVe In acase-made all the
evidence introduced upon the trial q state
ment to that effect should be inserted In the
case itself, and not in the certificate of the
trial Judge. Eddy VS.. Weaver, 81 Kas., $40
All the justices concurring.
A true copy. o,,,,r
Attest: Y. }. BROWN,
TsEALl Clerk Supreme Court.
The advocate., 1894-06-13

Alfred BlakeF, Administrator, ETC., vs.. Hood &
Kincaids and o. E. Morse, Receiver.
The advocate., 1894-06-13

7lSl,
Hawaii holomua = Progress., 1894-08-14
How a China Artist Saved His
Life.

LAST Saturday afternoon =
China artist painted a sign to the
Honolulu Soap House building
on Bethel street OF a certain
his sssp ladder on which be was
standing gave away and the
painter fell into tin of Soft !Ssaap
which was standing on the side
walk. marked ready for shipment
The Chinaman is sure that the
Soft Soap saved his life. and out
of thankfullness went TO the store
and asked Mr.. Breham to let him
have IL bars Of the very best
quality Of hard soap for 81 25 and
be then went home happy to
spent the rest of the evening
This alI means success.
Hawaii holomua = Progress., 1894-08-14
LADIES' COLUMN.

This something for nothing
article. We had in last week has
demonstrated three things.
FIRST. that a good many peo-
pie want something for nothing
and
SECOND, the vast difference
there is In the ideas of values
the guesses made. ranged from
$50 to 90 900, while the nearest
guesser Miss Lena Bruns, who
wins the Dress Pattern, was $500
under the value of the goods; and
the second best guesser Mrs.
Harry Lewis was 1910 over the
value, winning the second prize.
THIRD. that the real judges
of values snap up bargains. when
a real bargains is offered. 1852
people entered our store last
week, of which 1868 made pur-
chases. because. they found what
they wanted at satisfactory
prices
THIS week, Embroideries, Laces,
Fedora real Torchon Valen-
ciennes. Black Spangled and
Beaded L4ces in latest novelties
will go; also, we want to call
your special attention to LADIES
RIBBED VESTS in COTTON at
10 cents, 12l cents. 15 cents and
% cents; these have only to be
looked at to cause You to buy
them. Fine pure white and
Egyptian Lis!e at Is cents. ALI
wool Ribbed Vests in white and
natural colors. Silk Ribbed
Vests, and Merino Ribbed Vests.
Tle goods we carry in low
neck no sleeves; high neck,
/ sleeves, they are beautiful and
new goods.
The Australia has brought us
no end of new things, that we
will mention next week.
Hawaii holomua = Progress., 1894-08-14
ADMINISTRATIONS NOTICE.

THE UNDERSIGNED having been duly
appointed Administrative OF the estate Of e.
K KAAIHUE (kl. late OF Halaula, kohala,
Island of Hawaii, deceased.
Notice Is hereby given TO all creditors OF
the deceased tc present their claims whether
secured By Mortgage or otherwise duly
authenticated and with the proper vouchers,
II any exist, to the undersigned within six
months from the date hereof or they viii be
forever barred: and all persons indebted 10
the said deceased are request TO make i'm
mediate payment at the Office of 5. K
KANE. Corner of King and Bethel Streets.
Upstairs.
MRS. NAOMI KAAIHUE,
AdmiEisiratrix of the Estate Of III. K.
KAAiHUE. deceased.
Honolulu, Angus Ii ISl3 3w.
Hawaii holomua = Progress., 1894-08-14
George the Greek.


The performance Of the famous
strong man Doctor Hatsopolons,
advertised for next Saturday,
promises so be a great success
and a large number OF seats have
already been taken. Those who
desire to see some truly wonder
ful feats in the line Of strength
and skill should at once call at
L. ]. Levey's Office and secure
seats, If they wait too long
they viii only iind standing
room.
Hawaii holomua = Progress., 1894-08-14

Miss Annis Montague Mrs.
Turner nee Cooke) well-known
in stage circles as the Hawaiian
Nightingale is stated to have
decided to retire from the stage
and settle here again in her old
home.
Hawaii holomua = Progress., 1894-08-14

The case of Arthur White was
postponed in the Circuit Court
this morning owing to the illness
of the defendant. The Court
was not satisfied with the doctors
certificate which was presented,
but DR., Brodie was sent for to
swear to his written statement; a
rather unusual proceeding.
Hawaii holomua = Progress., 1894-08-14

The building under erection
on Queen street at the foot of
Wall Street Tor Kaahumanu
street, is decorated with a most
beautiful sign BY moving it a
little towards Waikiki people on
Merchant street will be able to
admire the artistic gem.
Hawaii holomua = Progress., 1894-08-14

Last night r. Gilliland enter
tanned a, large number of friends
at a most sumptous luau given at
his residence on Vineyard street.
The three years anniversary OF
one of his children was the i'm
mediate cause of the festive cele-
bration
Hawaii holomua = Progress., 1894-08-14
A Doleiul Cry.

Denn witf Iistir hsscsses
TAere-s r4Hghf on earth can match It
The Asissie Tzeket
VIII not have IS 10 hack II
Alike to Jap. Chinese
wsre bouad to keep the pesce-
Fight or y foreign powers
NeE;rzlisy + ours
Our rpztest i for Doodle
Or v4r-eFy Yankee Doodle
For anythings that tends
To Strengthen personal ends
Hawaii holomua = Progress., 1894-08-14

The band concert at Emma
square was we'll attended last
evening. three new pieces on the
programme being the attraction
Hawaii holomua = Progress., 1894-08-14

The schooner W. s. Talbot
coal laden arrived in port here
Sunday from Newcastle \. S. W.
The vessel made the voyage in
SO davs.
Hawaii holomua = Progress., 1894-08-14

Mr.. G.. d. Gilman Hawaiian
Consul at Boston at present rus
ticating in Honolulu is to be
given a reception by Old Eel
lows this evening
Hawaii holomua = Progress., 1894-08-14

Five steamers leave port here
this afternoon for windward
points of destination.
Hawaii holomua = Progress., 1894-08-14

The French man-of-war which
has been expected for some time
viii probably not touch at Ho-
nolulu.
Hawaii holomua = Progress., 1894-08-14

Mrs. Featherstone is stated
to have received substantial
sympathy from Honolulu resi-
dents in the shape of purse
containing s240.
Hawaii holomua = Progress., 1894-08-14

As usual the shsrpshootsrs are
ordered for duty in the basement
OF the Palace during the battalion
drill this evening
Hawaii holomua = Progress., 1894-08-14

Mr.. Dole states that he has
official information that "a state
of war exists between the empires
of japan and China
Hawaii holomua = Progress., 1894-08-14

Nuuanu avenue needs remaca-
damizing very much. from Eagle
House to School street.
Hawaii holomua = Progress., 1894-08-14
VESSELS is PORT.
NAVAL vEsELs.

NAVAL VESSELS.
q Philadelphia. Barker.
H B VI S Champion. Rookie, Vancouver.
MERCHANTMEN.
Am bk c Allen, Thomson. San Francisco
Bktne " II Dimond. San Francisco.
Bk Albert, Grifiths, San Francisco.
Am bktne S y Castle, Hubbard. San Fran.
Bktne IrngRrd, Schmid, San Francisco.
Hawaii holomua = Progress., 1894-08-14
FoRErGS NAIL SERVICE.

Steamships viii leave Tor and arr.ye
from San Frsnciscg and other foreign
ports, on or sb0nt the following dsies.
till the close of iSa..
Lave HoSoLCLr FDUE At HoSoLULu
FoR sax FEANcIsco. Fx. SsS FRkScIsoo
or VANCOUVER Oh NsScorvZR.
Hawaii holomua = Progress., 1894-08-14

The moon is pretty full just
now but, like the harbor-master,
will be faller on the 10th inst.
Hawaii holomua = Progress., 1894-08-14

1t is rumored that Mr.. G.
Brown a well known citizen is to
replace Mr.. S. NJ. Damon in
Bishop bank.
Hawaii holomua = Progress., 1894-08-14

Miss Burbank the librarian of
of the public Library. gives
notice that the reading room and
reference department of the
Library will be closed until
further notice.
Hawaii holomua = Progress., 1894-08-14

The lately organized Hawai-
Ian Young Mems Improvement
Club" viii meet this evening in
the parlor of the \ NJ. 9. A.
Hawaii holomua = Progress., 1894-08-14

Somebody will open their eyes
when J. j. Egan in few days
opens his large invoice of men
goods.
Hawaii holomua = Progress., 1894-08-14

The cloud indications on the
mountains presage an increase in
the water supply in the near
future. Light rain showers of
short duration fell this morning.
Hawaii holomua = Progress., 1894-08-14

Loud and threatening growls
are heard against the WaterWorks
from Nuuanu and Kalihi. Is the
water on strike
Hawaii holomua = Progress., 1894-08-14

The Paradise Of The Pacific will
be published in time for mailing
by the Australia.
Hawaii holomua = Progress., 1894-08-14

Mrs. Naomi Kaaihue has an
administration notice in this
issue.
Hawaii holomua = Progress., 1894-08-14

In the district of Hama, Maui,
only "a persons have registered
so far.
Hawaii holomua = Progress., 1894-08-14

The Board of Health will pro-
badly meet tomorrow afternoon.
Hawaii holomua = Progress., 1894-08-14
UAH REMEDIES.

WILL CUkE eansszzas skEsn. EAensa4Eisaz.
Ez-arrn Crusz. ali SKIN 4 ss4<ss- F<z<zee fs1t.-
pEsfrsss and p - n tie wsrss ferU-
Hssex s-s sEtsrzstzes sktt Il Viii care
Lsrzzzy.
Tfaev srs Vegetables Remedies and een
- nsss hx fne Essst stesessse sstt re ys-asSess
ekfE5
Pg ess uxsss1n tie reseA es al Sss.t ~ Mrs.
e. q. q Aslsway. f03 King street, vas
Hawaii holomua = Progress., 1894-08-14
LOCAL NOTES.

The Kinau left this afternoon.
The Claudine sails for Maui
and Hawaii today at 5 pm.
Hawaii holomua = Progress., 1894-08-14

It is proposed by the military
magnates that drill be held this
evening. The sharpshooters'
captain says a battalion and the
other a regimental (!l drill while
the colonel commanding says
nothing.
Hawaii holomua = Progress., 1894-08-14

The meeting of the Healani
club set for Wednesday evening
next will take place at the rooms
of the Chamber of Commerce,
and not at the Hotel. Election
of officers is the principal busi-
ness.
The members of the Boards of
Examiners and Registration are
of on their travels around Oahu
in search of voters. If the noun
tain won't come to Mahomet then
Mahomet mnst 60 to the noun
tain.
Hawaii holomua = Progress., 1894-08-14

They will deliver Packages (up
TO 90 lbs. weight and Messages
quicker than by any other method
ard cheaper too
Don't be a Clam.n Save time
aud money by using the Messenger
Service.
L. N. JOHNSON. Mans ger
Mutual 5s9 TgI: Bell $50
Hawaii holomua = Progress., 1894-08-14
Woven :: Wire
Mattresses

Now. for the first time manufac-
tured right here in Honolulu. By
the only man outside of the United
Kingdom. who uses WIRE, which
will not rust; he having secured
exclusive rights 10 nse the same.
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1894-03-20
Short Stories.

The april number of Short Stories
is unusually interesting, and offers
g. the readers of this entertaining
magazine fine collection of stories
appropriately illustrated. Among
Che original tales worthy of note are:
"Heir to His Affection" by S. Elgar
Benet; THE Neighin' o. the Raw
ses, az ingenious story of a detect
ives adventure with the moonshin-
ers, by II. Shackelton Jr.; and 'El-
sic, Virginia Aquarelle, "a pathetic
and interesting sketch of a Southern
college town, by Georgiana Peel.
There are also TRANSACTIONS from
French and Danish authors, and En-
glish writer's are represented by such
names as w. Z. Norris, Gilbert Par
kec, Anthony HOPE and Grant Al
len.
A special prize is offered in the
April number of Short Stories for a
"Summer" story Of from 1000 to
G000 words, the competition closing
June LIST.
announcement is also made this
month that special feature of the
May number will be an interesting
story written for Short Stores by
Edgar Fawcett.
Current Literature Co, 52--54
Lafayette Place, New York