davidaulloa/AmericanStories huggingface dataset:
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-09-23

NOTICE TO CONTRACTORS
ed proposals will be received at this of
nee until o'clock r. m, of Monday.
Sept. 2Sd, 1895, for tho work of CON
structing pipe sewer along Fourth
North street, between First and Second
west streets, and along Peach street
between First West and Center streets.
according to plans in the city engineer 5
office.
Instructions 10 bidders. together with
specifications and forms for contract and
bond can be obtained upon application at
the office of the board, room 304 city hall,
On and after Monday, Sept. 10th
The right is reserved to reject any and
all bids.
By order of the board of public works.
A. F. DOREMUS, Chairman.
The time for opening the above bids
mas been postponed until Saturday, Sept.
rs. 1885, at 2 O'Clock p. m.
By order of the board of public works
A F. DOREMUS, Chairman.
Salt Lake City, Utah. Sept. 81 1896.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-09-23
LOCAL BRIEFS.

The ladies of the Episcopal Guild
will give a ball in the Union Opera
house next Thursday.
The Ladies' Aid society of the M. E.
church will give a sunfower tea in the
church parlors next Friday.
F. J. Cannon, Heber M. Wells and
Clarence E. Allen speak this morning
at Hooper, at West Weber this after
noon and in this city in the evening.
They go to Huntsville tomorrow.
Hon. F. j. Kiesel returned yester-
day from Soda Springs, having been
in Idaho looking after his property
interests there for several days. He
reported that the snow along the
route home was quite heavy through
the mountains off from Granger. In
some places it was at least ten inches
deep, but it was not feared that it
would remain long enough to affect
the grazing.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-09-23
The Good Qualities

Possessed by Hoods Sarsaparilla are almost
beyond mention. Best of all, it purifes the
blood, thus Strengthening the nerves. 1t regu-
lates the digestive organs, invigorates the kid
aeys and liver, tones and builds up the entire
system. u cures dyspepsia, scrofula catarrh
and rheumatism. Remember, Hoods Cures.
Hoods Pills act easily. yet promptly and
effectively, on the liver and bowels. Doc.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-09-23
NOTICE.
80. IS.

NOTICE FOR PUBLICATIONS
office at Salt Lake City, Utah. August 10
1895. Notice is hereby given that the fol-
lowing named settler has filed notice OF
port of her claim. and that said proof win
be made before the register and receiver
of the land Office at Salt Lake city. Utah.
on september 2gth, 1895, viz; Mary Alice
deceased, homestead entry No 10.5f5 for
the lots and 4. and the south half of the
northwest quarter of section 4 township
2 south, range 1 west, Salt Lake merf-
dian. She namss the following witnesses
to prove. her continuous residence upon.
and cultivation of, said land viz:
Heber Bennion, of TayiorsvilIe. Salt
Lake county. Utah; William McLachlin.
of Taylorsvtlla. Salt Lake county Utah:
Manassa Smith, Of Granger precinct, Salt
Lake county, Utah; Laconius Hemenway
of Granger precinct, Salt Lake county,
Utah.
BYRON CiROO. Register.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-09-23
NOTICE TO CONTRACTORS.

NOTICE TO CoNTKACTORs.-sEAI,-
ed proposals will be received at this of
fee until 2 O'Clock u. M, of Monday
Sept, Esd, 1895, for the work of extending,
replacing and repairing certain sidewalk
pdvements a different points throughout
the city, according to specifications on
exhibition at the office of the board, room
S4 City hall.
Instructions to bidders, forms for pro-
posal, contract and bond can also he
obtained upon application at the same
place.
The right is reserved to reject any anc
all bids.
BY order of the board of public works
A. +. pOREMUS, Chairman.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-09-23
APPLICATION FOR PATENTS.
Notice No. G14.


APPLICATION FOR PATENT.-UNIT-
ed States Land Office, Salt Lake city,
Utah. August 9, 1899 Notice is hereby
North, of Salt Lake City, Utah. have
made application for a United States
patent for the Rattle Snake mining claim,
situate in Big Cottonwood mining district,
Sal SAT- Lake Re county, Utah territory consist
ing Of loo linear feet of the lode and sur
face ground 500 feet vice, Deing mineral
survey No. 3O43, and described in the field
notes and plat of the official survey on
file in this office, with magnetic variation
at 16 degrees 80 minutes east, as follows:
the claim and running thence n. 3 deg
SO min. E., SOC feet to post No. 2: thence
8. So deg. q I.iin. E, 1900 feet to post No.
3; thence 5. deg. 80 min. w, 600 feet TO
post No. 4; thence \. SO deg. u min w.
1900 feet to post NO. 1, the place of be-
the westerly end line OF the claim the dis
cOvery point bears 5. So deg. Y min. b.
34l.0 feet distant, and from said discovery
point U. s. NJ. NJ No. bears $ 81 deg
% min. E., 1913 feet distant and from
SAID discovery point the q section corner
on west boundary Of section IS. township
1 south, range 1 east, 5. l.. N, bears ).
70 deg. 80 min. w, 1901 feet distant.
Said claim containing q total area OF 2U.6i
acres, all of which is claimed and applied
cation mining claim being of record in the
office of the recorder of said mining dis
trict at Argenta, in Salt Lake county,
Utah. The nearest known location being
unknown. l direct that this notice be
published in the Daily Herald a Salt
nearest the said mining claim, for the
period OF sixty DAYS.
BYRON GROO. Register.
c. ". Parks. Claimants Attorney
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-09-23

And in accordance with law, so many
shares of each parcel OF such stock
as may be. necessary, will be sold at the
off1ce Of the company. room g. Central
block, Salt Lake city. on the 18th day
of October, 1885, at o'clock D. M, of
such day to pay delinquent assessment
thereon, together with the cost of adj
yertising and expense of sale.
Dated September 18th, 1895.
e. L. CARPENTER,
Secretary.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-09-23
DELINQUENT STOCK NOTICE.

THE MONARCH MINING COMPANY
principal place of business, Salt Lake
CITY, Utah. Notice-lThere are delinquent
upon the following described stock on
account of assessment levied on the 18th
day of July, 1895, the several amounts set
opposite the names of the respective
shareholders as follows:
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-09-23
NEUTRALITY-SUSPICIOUS..

ARE The Santa Fe route has
named the very low rate If
$40 from Denver, Colora do
YOU Springs and Pueblo ~
Dallas and return, for thfs
couNc occasion-less than one faro
for the round trip. Core
spondingly low rates will
TO SEE doubtless be made from
Utah points. Call at tbjs
office for full particulars.
THE GEO. E. GILMAN
Gen'1. Agt Pass. Dent
No. SO West Second South
FIGHTf street. Salt Lake City, Utah,
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-09-23

. Unissued.
And in accordance with law. so many
shares of each parcel of such stock as
NAV be necessary will he sold at the
office Of the company, West First
South street, Salt Lake city, on the 10Th
DAY of October, 1895, at / p. m, of such
day TO pay delinquent assessment there
on, together with The cost of advertising
and expense of sale.
Dated Sept. 10. 1850.
JAMES NIOFFAT,
Secretary and Treasurer
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-09-23
DELINQUENT STOCK NOTICE.

THE ADA CONSOLIDATED MINING
company, principal place of business.
Salt Lake City, Utah. Notice-There are
delinquent upon the following described
stock on account of assessment levied on
the End day of July, 1895. the several
amounts set opposite the names of the
reSnectiYe shareholders as follows:
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-09-23

And in accordance with law and an
order of the board of directors made on
the 9TH day of August, 1895, so many
shares OF each parcel of such stock as
may be necessary will be sold at the
office Of the company, rooms 6 and I.
Amussen block, Sc South Main street.
Salt Lake City, Utah, at the hour of
o'clock D. m. on the 2Sth day of Septem-
Der. 1895, TO pay delinquent assessment
together with cost of advertising and ex-
pense of sale. G. a. GIBBS,
Secretary and treasurer Lucky Bill
Salt Lake City, September 18th. 1895.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-09-23
DELINQUENT ASSESSMENT NOTICE.

DELINQUENT ASSESSMENT NO
tice.-Lucky Bill Mining company, prin-
cipal place of business, Park City. Utah.
location of mine Snake Creek Mining dis
trict, Wasatch county, Utah
Notice-There are delinquent upon the
following described stock on account of an
assessment No. IA, of IL cents per shefe
levied or the 5th day of August, 1895,
names of the respective shareholders, as
follows:
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-09-23

of Thursday, August p, 1895, for the
right to use the sewage of Salt Lake
City for iTrigatinS purposes. The right
to use the sewage TO include the use OF
seventy-five acres of land owned by the
city at the sewer outlet
Full information. together with forms
for PROPOSAL contract and bond may De
seen at the office of the board, room SO9
City hall. on and after Monday, 18th in
slant.
The right is reserved to reject any and
all bids. By order of the board OF public
works A. +. DOREMUS. Chairman.
Salt Lake City, August 8. 1875.
The time for opening above bids has
been postponed until 2 o'clock D. m. on
board of public works.
A F. DOREMUS. Chairman.
Salt Lake City, August p. 1895.
The time for receiving bids on the
above is hereby again extended until
2 o'clock p. m. of Monday October 4th
1895. BY order of board OF public works,
A F. DOREMUS. Chairman.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-09-23

Severe gripping pains of the stomach
and bowels instantly and effectually
stopped by DeWitt's Collie and Cholera
Cure. Nelden Judson, wholesale
agents.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-09-23

THE METEOR MINING COMPANY,
principal place of business Salt Lake city.
h-Notice-There are delinquent upon
the following described stock, on ac-
count of assessment No. l, levied on the
18th day of August, 1895, the several
amounts set opposite the names Of the
resnective shareholders, as follows:
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-09-23
SEALED PROPOSALS.

SEALED PROPOSALS WILL BE RE-
ceiyed at this office until o'clock p, M,
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-09-23

And IN accordance with law. 50 many
shares of each parcel of such stock as
may be necessary will be sold at the
Office of the company, 81 to As West First
day of September, 1895, at o. m. OF
such day to pay delinquent assessment
thereon, together with the cost of ad-
vertising and expense of sale. Dated Aug.
18th, 1895. ]. II. GRIPS,
Secretary.
BY order of the board of directors the
above sale is postponed until 4 p. m.
Thursday, Sept &c, 1885,
J. n. GRIPS, Secretary
The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1895-01-15
TRUSTEES SALE.

Tn ACCORDANCE WITH THE TERMS AND
Il under the authority of certain deed of trust,
duly executed by MANUEL SILVA LOUIS, party
OF the hrst part. to HENRY g. CAMPBELL and
second part and the SAN FRANCISCO SAVINGS
UNlDN, party OF the third part, dated November
0. 1883, aud recorded in the office of the County
Recorder of the county of Tulare, State of Cali
1ornfa in Liber OF Trust Deeds. at pages 539 and
1ollowinR and in pursuance OF resolution
passed on the 22d day of November. 1894, by the
board or directors OF said SAN FRANCISCO
SAVINGS UNION, a corporation, and the holder
of the note NO. 90l7), to secure payment OF
which the aforesaid deed OF trust was executed I
declaring that default had been made In the pay
ment of the principal sum and other sums, due
under said note and deed of trust, and requesting
ana directing said HEARY C. CAMPBELL and
THADDEUS b. KENT, trustees. TO sell the real
estate described therein to satisfy said indebted
ness
We, HENRY CAMPBELL and THADDEus
s. KENT. trustees do hereby give notice
that on TUESDAY. the 2eth day of January, A. ID.
1895 at IL O'clock NJ. of that day and at the
auction salesroom OF EASTON. ELDRIDGE &c
Co. No 63S Market street. In the city and County
San Francisco, State of California. we viii sell
at public auction, TO the highest bidder. for cash
parcel of land situate in the county of Kings (for-
nerly part of the county of Tulare). State or Cali
ifornia. described as follows, TO wit
According to the Official pats and system or
SURVEYS of the Govern ment OF the United States.
In township eighteen (iS) south, range twenty.
two (22) east. Mount Diablo base and meridian:
Oh section tWenby-one CID, the southeast quar-
ter (SF. IA: containing one hundred and sixty
(lG0) acres OF land:
Together with the appurtenances.
Terms or sae-Cash In gold coin OF the United
States: 10 per cent payable TO the undersigned ON
the fall of the hammers balance delivery OF
deed; ard If not 81 paid. unless for want title
per cent to be forfeited. and Jhe sale TO be- void
Acts OF saie at pnrcnasers expense.
HENRY Ky c. CAMPBELL. Trp.t..,
THADDEUS Is. KENT. trustees.
ia7 IL 10 iS % Is 20
The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1895-01-15
TRUSTEES SALE.

IN ACCORDANCE WITH THE TERMS AND
4 under the authority Of a certain deed Of trust,
MEHRTENs. FREDERiC S MEHRT TIH and
DANIEL MEHRTENS parties of the first part to
HENRY Z. CAMPBELL and THADDEUS L.
the SAN FRANCISCO SAVINGS UNION, party OF
the third part, dated January 5, 1899. and re-
corded in the Office Of the County Recorder of the
county of Tulare. state of California in Lber of
Trust Deeds, at pages 175 and following: and in
pursuance of a resolution passed on the 9th day
OF December. 1894, by the BOARD of directors OF
said SAN FRAN CISCO SAVINGS UNION a cor
poration and the holder OF the note mo. 9i45) to
secure payment of which the aforesaid deed OF
trust was executed, declaring that default had
been made in the payment of the principal sum
and other sums, due under said note and deed OF
trust, ana requesting ana directing said HENRY
G. CAMPBELL and THADDEUS b KENT. trust
eeS TO sell the real estate described therein TO
satisfy said Indebtedness.
we, HENRY C. CAMPBELL and THADDEUS
y: KENT, trustees, do hereby give notice that on
TUESDAY, the 18th day OF January, A. ID. 1895,
at IL O'Clock M OF thai day, and at the auction
63S Marke ct street. in the city and county of San
Francisco. State of California we will sell at pub
coin of the United States all the pieces or parcels
OF land situate IN the county of Tulare, State OF
California, described as folio to wit:
According to the official plats and system OF sur.
veys OF the Government of the United States:
In township eighteen (lS) south, range twenty
seven (zI) east. Mount DIa6io base and meridian.
OF section thirty-four (34), the east haif OF the
northeast quarter (E " OF NE. ~: and the north
half OF the southeast quarter IN. IA of Sc. "a.
In township nineteen (l9) south, range twenty
seven CID east, Mount Diablo base and meridians
or section two (2). the northwest quarter INV.
~ the south half OF the northeast quarter Is IA
OF Ne ~. and lots one % and two ~: contain
ing IN all Tour hundred and seven (407) acres OF
land:
rog ther with the appurtenances.
terms OF saie-Cash i'll gold coin of the United
states: ~ per cent payable TO the undersigned on
the fail OF the hammer: balance on delivery OF
deed: and If not 50 paid unless for want of title
tteh days being allowed for search), then said 10
per cent TO be forfeited. and the sale to be void
Acts OF sale at purchasers expense.
Henry 2: CAMPBELL, Trusts..
THADDEUS b. KENT. I Alu''eeS'
ia7 < = d /.
The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1895-01-15
THE TRADE HIT HARD
4 Prominent Retail Grocery
Firm Fails.
WHOLESALERS WILL SUFFER.
Hayes Brothers Attempt too Much
on Small Capital.
An UNSATISFACTORY STATEMENT.
Liabilities Nearly $4,000 Divided Among
l3S Observation-Disclosures
Buying.

The wholesale grocery trade and dealers
in produce were treated to disagreeable
surprise yesterday in the announcement
that Hayes Brothers, who have been i'll
business at 100 Sixth street since 1890, and
who have always enjoyed excellent credit
and the reputation of being cautious and
well-managed firm, had failed 1t was the
general impression among the trades that
the business of the firm was highly profit
able, and therefore the news of the failure
came with the greater shock.
So long as Hayes Brothers confined
themselves to the Sixth-street store their
profits kept accommodating at profitable
pace; but, not satisfied with the limited
field south of Market street, the firm dur
ing the past year started branch on Mar
ket street. near McAllister, and purchased
large stock preparatory to the extended
trade which they anticipated would come
to them on opening the new store. In do
ing this they had to expend large sum in
elaborate fixtures, fitting up the place re-
gardless of expense.
The expectations Of large trade were
completely upset. Hayes Brothers found
themselves under heavy expenses and
limited trade and the inevitable failure re-
suited.
On Friday last the attorney for the firm
notified the creditors of the suspension
and called a meeting for yesterday after
noon at the rooms Of the Board of Trade.
The firm had prepared a statement of
liabilities and assets, which was admittedly
defective, showing that the debts amounted
to &c., 49 16, due to no less than 13S credi-
tors. Scarcely wholesale grocery or prod
uce firm of the city failed to be repre-
scented on the firms books. The assets,
according to the statements presented,
amount to So, 1884, which includes stock
of merchandise at 120 Sixth street of $4,000,
stock at the Market-street store $12, 900,
fixtures at the same place $4,000, cash $1S4
and good accounts $500.
1t is the general impression that a 50-cent
dividend was the most the creditors could
expect.
The meeting was largely attended and
after a short discussion it was decided to
appoint committee of the larger creditors
to examine the books and report upon the
condition of the assets, whereupon NJ. J.
Jones of Jones & Co., II. H. Roussell of
the Dairymen's Association, J. J. Schultz
of Hass Brothers, Lewis Hartter of Hart
ter, Hays & Co., and Thomas Hodge of
Hills Brothers were duly elected and re-
quested to report at the very earliest con-
venience. The firm state that dull times
and heavy expenses are responsible for
their inability to pay their debts.
The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1895-01-15
$40 FIFTH. RACE = Six furIongs, selling
DIV. purse S4O0
Track Notes.

The latest arrival at the track in the rid
ing line is Willie Sims, the popular colored
Jockey. Sims rides for Mike Dwyer and
viii 90 to England with the Dwyer and
Croker strings.
George Wheelock's book was hit hard on
the last race. He, like many others, did
not see where st. Adams had a chance on
his last run and took in a lot of money on
the old gelding.
Red Pat was almost left at the post in
the third race.
Clacquer ran a excellent race and will do
to watch in future.
Gasser, one of the horses in the Ken
lucky stable, got out of his stall in some
unknown manner and the stable is still
looking for him.
Banjo's run was marked contrast to his
last good race.
Chiquito, $50 to 1, finished fourth in his
race.
Following is the list of starters for to-
DAYS running events:
First race, seven-eighths of a mile
Quirt 100, Sir Reel III, Gussie 104, Howard
106, Huntsman 100, San Lucas 101, Draw
Scot Ia.
Second race, eleven-sixteenths of a mile,
selling-Joe Frank SO, Miss Dudley 80,
MestOr los, White Cloud 80, Ernest 90
Little Tough 1O1, Lochinvar 10Y, Relam-
pago SO, Miss Ruth 95.
Third race, eleven-sixteenths of a mile,
selling-Mutineer SO, Sweet Alice 95, Che
muck 81, Bellringer 101, Jennie Deane 80,
Eli Kendig 115, Idaho Chief 100, May
day So.
Fourth race, eleven-sixteenths of mile,
selling-Hollie King III, Olivia 1O7, Snow
Blossom 10Y, Nipper 129, Nero 125, Vulcan
49, Chiquito ia, Guadalupe 100.
Fifth race eleVeD-SivtpepthS Of milo
bot Clifton 129, Banjo 125, Major Cook 100,
Hy-Dy 125, Morven III, Empire 125, An
ME Moore 1917
The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1895-01-15
THE PHILOMATH CLUB.
It's First Open Meeting at the Palace
Yastarday.

The Philomath Club held its first "open
meeting" as it as termed ON the invita-
tons, yesterday afternoon in the Maple
room of the Palace Hotel. 1t was I'M
fortunate that more commodious hall
was not chosen, as the Maple room proved
inadequate to meet the requirements of
the large number of society people who
turned out.
The programme was an excellent one,
and the various numbers upon it met with
"a flattering reception from the guests pres
ent. 1t was as follows: Vocal solo,
"Asthore," Oh. Trotere), Mrs. A. Brown;
two social sketches, (a) "a Social
Samaritan" (b) Fishing Tackle, Miss
Harriet Levy recitation, 1.-TWO of Them,
(James NJ. Barrie), Miss Theresa Dinkel
spiel; piano solo, romance, E minor, con-
certo, Chopin Miss Ruby Lowenberg;
second piano accompaniment, Mr.. S. Ar
rillaga; paper, THE Passing of the Ideal:
A Protest" Miss Emma Wolf: violin solo,
Fantastic (De Beriotl, Miss Adele Dan
nenbaum; paper, "a Page from History"
Miss Florence Prag.
The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1895-01-15
THEIR ARGUS EYE.
Presbyterian Ministers Discuss Sub
iects Of Wide Rance,

The Presbyterian Ministerial Union
starts out in the new year under very fav-
orable auspices. The newly elected Off
GERS were in their places at the meeting in
the upper room of the Woman's Occi-
dental Board yesterday morning, when the
president, Rev. H. c. Minton, D. D., pre-
sided. The attendance was large, and
with the interest manifested rendered the
outlook very encouraging one.
The name of the committee on Sabbath
of observance and municipal reform was
changed to that of civic reform, to make it
correspond with the intention of its men,
bers as to the part they propose to take in
the movement for the publication of the
city government. The committee reported
progress, and was continued.
Alfred Docking addressed the union in
regard to the Presbyterian Orphanage
which it is designed to establish, and APP
It's behalf on the part of the ministers and
churches. Lawrence Gronlund, ''the
American Political Economist" spoke for
a few minutes in regard to his views con-
corning socialism in its bearing upon po-
litical economy. At the request of the ex-
ecutive committee he consented to address
the union next Monday morning upon
Rev. IL. I. Dobbins read a paper upon
the discussions that have taken place con-
corning the authenticity of the gospel of
John. Having recently returned from
Germany, where he went couple of years
ago to complete his theological education,
and where the strongest arguments against
the authenticity of the book have origin
ated, he was prepared for quite thorough
consideration of the case. The result of
his investigation of it has strengthened his
belief that the gospel was actually written
by the apostle himself, under the guidance
of the Holy Spirit, SO that it is the very
word of God.
In presenting the external evidences in
support of this he had recourse to the writ
ings of the early fathers, which contain
frequent illusions to and quotations from
the gospel as the admitted production of
the beloved disciple of the Lord. Irenaus
and Polycarp, the latter of whom was a
pupil OF John, was especially cited in this
connection
Added to this, the internal evidences
which he presented, gathered from an exam
lnation OF the work itself, Mr. Dobbins
thought were conclusive in the case. and
so he has no hesitation in accepting the
book as Just what it processes to be.
The paper, coming from SO young a man
and indicating SO much of scholarship and
such patient and thorough study, excited
the admiration of those who listened to it.
the compliments bestowed upon it at the
discussion which followed its reading being
unmlstakable in the case.