davidaulloa/AmericanStories huggingface dataset:
The record-union., 1896-09-20
Il. A., No. 159-Department One-Filed
Sept. 16 1860


ventura County, appellant; Henry
Clay ct al, respondents. Action on
County Treasurer's official bond to re-
cover money alleged to have been un-
lawfully paid out Reversed, with in
structions to lower court to overrule
demurrers.
Conceding that the prayer asks for
more damages or interest than is war
ranted by the facts alleged in the COM
piaint, yet the complaint Is not subject
to demurrer on that ground.
The County Government Act, Sec. 114
prescribes that 'all warrants must dis
tinctly specify the liability for which
they are drawn and when 1t accrued"
If the complaint misstates the liabili-
ty for which any warrant was drawn,
to the prejudice Of the defendants, such
misstatement is matter Of defense and
can be corrected by answer
The record-union., 1896-09-20
q. A, No. 144-Department Two-Filed
Sept. 16, 1860

sept. 10, ISJO.J
Jane Mason McCully, Administrative,
appellant; George H. Cooper, respond
eEt. Recovery of certificate Of deposit.
Reversed and new trial orderel
Save as otherwise provided by stat
ute. the proper jurisdiction in which to
obtain letters testamentary or of ad-
ninistration is in the State and place Of
the decedent's domicile at the time of
his death.
The authority Of an executor or ad-
ministrator does not extend beyond the
jurisdiction Of the State or Government
under which he Is invested with his au-
thority.
When there are no debts owing by the
estate in the jurisdiction where the for
eign debtor resides and no ancillary ad-
lninistration has been granted there, the
The record-union., 1896-09-20

Linda Jeal, one of the daring lady
bareback riders with the Forepaugh-
Sells shows, used to be a trapeze per-
former some years ago when Wood
wards Gardens, San Francisco. was
the great Sunday resort
Those who have visited Brod;e's ia
The record-union., 1896-09-20
SUPREME COURT DECISIONS.
SYLLABI.
SYLLABI
(Sac., No. 94-Department One-Filed
September 16 1860


(Sac., No. 94-Department One-Filed
September 16, 1860
First National Bank Of Fort Collins
appellant; George r. Hughes, respond
ent. Action on promissory note Re-
versed.
Banks divide their business into de-
partments, therefore it is natural that
the collection department., receiving a
security for collection, should treat it
simply as a collection to be accounted
for to the bank or department from
which it came. These considerations
tend to weaken any inference or deduc-
ton of non ownership by the bank from
the circumstance in evidence. Where q
note is transferred by it's holder to a
bank for collection, this gives such an
ownership in the note to the bank as
entities it to maintain an action for re-
cOvery.
The breach Of a warranty entities the
buyer to rescind an agreement for SALE
but not an executed sale, unless the
warranty was intended by the parties
to operate as a condition.
The record-union., 1896-09-20
Is. F., No. 246-Department Two-Filet
September 16 1S96)

Is. f., No. 246-Departmen Two-Filed
September IS, 1860
Joseph Wells, respondent; Joseph NJ.
Wood, appellant. Street assessment
Affirmed.
In street assessment suit a defend
ant cannot plead the assessment of his
property for more than its lawful value
unless he has previously appealed from
the assessment to the Board Of Super
visors.
The point that the Superintendent of
Streets failed to record the entire con-
tract at the proper time, even If con-
ceded, is Of no consequence affecting
any right Of the contractor
The record-union., 1896-09-20

Herr Pollini. Hamburgs leading man
ager, has produced in Hamburg during
the past score of years no less than 73S
novelties, among them 1S9 new operas
and $40 new plays In the same period
there were 3.095 performances of classic
dramas and oil evenings of wagner's
operas.
The record-union., 1896-09-20

The New York World" man says:
1T isn't often that the curtain-raiser is
the piece de resistance Of an evenings
entertainment, but that's the way 1t Is
at Hoyt's Theater. Everybody IS inter-
ested in the revival of the library and
telegraph Office scenes from The Long
Strike with Mr.. Stoddart as Money
penny. his original role, and Miss Mary
Hampton as Jane.
And 1t is very interesting and ef-
fective bit Of acting. / saw lots or
handkerchiefs out the night was there,
The record-union., 1896-09-20

the Republican newspapers are giving
Palmer and Buckner, the nominees Of
the gold Democrats, fine notices and
whooping up their movements in great
The record-union., 1896-09-20

(Sac., No. din Bank-Filed Septem-
ber II, 1860
Della Eberhardt, respondent; NJ ].
Coyne, appellant. Ejectment. Re-
versed. Mcfarland, j., dissenting.
Since the amendment to Section 325.
9. c. p, which took effect May 81, 1873,
the payment Of the taxes by the adverse
holder, If any are assessed against the
land, is a necessary element in the es-
tablishment of title by means of ad-
verse possession.
The record-union., 1896-09-20

The melodrama at the Novelty Thea
ter, London, was suddenly turned into
tragedy a short time ago. 1t was the un-
happy lot Of the villain to be stabbed,
and the spring in the stage dagger fall
ed to work. The audience went out
quite ignorant of the fact that they had
Just seen a man done to death.
The record-union., 1896-09-20

IS. F., No. 417-Department One-Filed
September 16, 1860
Goodrich, appellant; Loupe ct al, re-
spondents. Appeal from order setting
aside default judgment. Order af-
firmed.
The Superior Court is vested with
large discretion in entertaining motions
to vacate a judgment, and where there
is proper showing made therefor the ac-
tion of the lower court in such a matter
will not be disturbed on appeal.
The record-union., 1896-09-20
Is. F., No. 220-Department Two-Filed
Sepfamba IT 1904

September il, 1860
NJ. G. Tonini, respondent; Cerasco and
Crespi, appellants. Action to recover
damages for libel Affirmed
In actions Of libel language is held
accountable per Sc which would not be
so held in actions of SANDER And where
the libelous meaning Of publication is
apparent upon its face, no averment or
proof of special damage is necessary.
Where the language of an alleged libel
is unambiguous it is the province of the
Judge to determine it's construction, and
where it is capable of two constructions
the jury may determine in what sense
it was used
The record-union., 1896-09-20

"Voxometric Revelation" is the invit-
ing title of a new work on the human
voice written by Mr.. North, who calls
himself professor Of voice production
and singing, and examiner in music to
the New Zealand Government for thir-
teen years.
The record-union., 1896-09-20

A New York paper of late date says:
"Indescribable millions of wings, mil
lions Of breasts, millions of tail feath-
ers, millions of uncouth, unreal mon
strosities have been prepared for the
fall and winter millinery to be worn
on the head gear of American women" /"
And to think that these are to be added
to the miseries of the big hat makes
the theater-goer sigh in agony of an
ticipation.
The record-union., 1896-09-20

"Pudd nhead Wilson" was sold by
public auction in New York on Septem-
Der 1st. After Frank Mayo's death his
son, Edwin F. Mayo, informed Charles
Evans. who owns a half interest in the
play, that he guessed he would take his
place in the cast. Mr.. Evans guessed he
wouldn't. The only way to settle the
dispute, they found, was to sell the
play.
The record-union., 1896-09-20

The Westminster Budget" some
time ago printed an interview with the
celebrated vocal teacher Nine. Mar.
chest, who, when asked whether she
considered the art of singing In a state
of decline, answered: 1T is dying in
some places, certainly; in Italy, for ex-
ample, where they no longer know how
to sing. Where do the best voices come
from? Australia, America and Aus
tria.''
The Madison daily leader. [volume] (Madison, S.D.) 1890-current, 1896-12-11

Bathing the baby is one of the joys of
young motherhood. The mere sight and
touch of the soft, sweet, cooling, growing
little creature is a solace for many sorrows.
This happiness is missed if either mother
or child be sickly, weak, nervous cross
If either is so, it is the mothers fault. She
has failed to keep herself we'll and strong
during the period of CESSATION, and the
neglect shows in her baby.
All the peculiar ills of womankind are
cured by DR.. Pierce's Favorite Prescription.
1t relieves pain, allays inflammation, stops
debilitating drains, strengthens and vitalizes
the organs involved II so perfectly pre-
pares a woman for the time of parturition
that pain and danger are practically elm
mated. By its use perfect health is assured
for both mother and baby. 1t is the most
narvelously efficient medicine ever devised
for this purpose and the only one that may
be absolutely depended upon.
Mrs. Amanda Ellison, of No. 2Ioo Boonville St
(Station A. Springfield Mo-, writes II am
happy to say that followed your advice and took
your Favorite Prescription before my fourth
first three were still born. Your advice was to
take the Favorite Prescription and had a
much more easy time than when my first child
rem weIe born. Now have two boys living and
they are as fine boys as there are in Springfield,
Mo. am the happy mother OF these two boys.
Dr. Pierce's 1908 page book, Common Sense
Medical Adviser is full of useful knowledge
from title page to fnfS 1t may be had in
paper covers for the bare cost of mailing
Send 2I one cent stamps to Worlds Dispen
sary Medical Association Buffalo, N Y. For
10 cents extra 81 cents in alb the book will
be sent in hne French cloth binding.
The Madison daily leader. [volume] (Madison, S.D.) 1890-current, 1896-12-11
Notice Of Appl,o alton for Probate OF Will.

State OF South Dakota, county OF Lake--ss:
In the CountyCourt. In the matter OF the es-
South Dakota sends greeting to Mrs. Mary Cav.
ano, William Cavano, Louisa Forward and all
other heirs next Of kin of ohm Cavano, deceased.
Pursuant to an order of said court, made on the
9th day OF November, A. ID. 1896, notice lie here
by given that Tuesday, the sth day ct December,
A. ID. 1896, at 10 O'Clock a. m. OF said day, at the
court room of said court at Madison, in the
county Of Lake, have been appointed rs the
time and place for proving the will OF said John
CavaLo, deceased, and for hearing the applica-
tion Of Charles r. AldIich for the issuance to
himself Of letters testimentary when and where
any person interested may appear and contest
the same Witness the Hon. j. H. Williamson,
judge of the county court, and the seal OF said
court, this 27 day of November, A. d. 1895, at
his office In the city Of Madison, county Of Lake,
state Of South Dakota.
]. Fl. WILLIAMSON,
- Judge Of the County Court
The Madison daily leader. [volume] (Madison, S.D.) 1890-current, 1896-12-11
UNDERCURRENT OF NOUBT.
Ident ficatiOn of Maceo Not Considere
Cnmplete Evan in NnXana.

Ident ficatiOn of Maceo Not Considered
Complete Even in Havana.
HAVANA. Dec. II The confident
claims of the Spanish officials that they
have abundant proof of >the death of
Antonio Maceo and his young aid,
Francisco Gomez, son of Maximo Go.
mez, continue without abatement. The
details which are announced, however,
of the facts relied upon for the identi-
ticatiOn of the two Cubans have caused
an undercurrent of doubt III this city.
There has been no actual Identification
of the bodies themselves, the conviction
as to identity resting upon the evidence
them
The Madison daily leader. [volume] (Madison, S.D.) 1890-current, 1896-12-11

MONTREAL, Dec. ll.-rhe Indepeni-
enee Club of Canada, which has been III
existence III Montreal Tor s"-"e go
months, and whose object is the attain
ment Of Canadian independence, Is
gaining III strength, and "a convention
will probably be held next March with
a view to federating all the groups and
clubs having "a like object
The Madison daily leader. [volume] (Madison, S.D.) 1890-current, 1896-12-11
Warship Condor Despatched. :.

BERLIN, Dec. 1.-THE Cologne Ga.
zette says that the German warship
Condor is on her way from Port Natal
to Lorenzo Marquee where, as cabled
the Associated Press. the German and
Dutch consulates have been attacked
and the British flag was torn to shreds
The Dutch consul was wounded. Ger.
many has demanded satisfaction OF
Portugal. Lorenzo Marquee is the prln.
cipal town of PortugNn>c South Africa.
The Madison daily leader. [volume] (Madison, S.D.) 1890-current, 1896-12-11
Philippine Rebellion Spreads.

duff, just arrived, brought news Of the
Philippine rebellion down to Oct. 20.
The rebels are still increasing in the
provinces and the state of affairs is
getting worse. Manila is quite safe, "
writes a Manila correspondent, land
foreigners living here entertain no
anxiety, as the city is we'll guarded by
a Gordon of Spanish soldiers.
The Madison daily leader. [volume] (Madison, S.D.) 1890-current, 1896-12-11

JAc", oNytIIE, F.u, Dee. 8 The
schooner A~;n:ut Co,a Gl 80 X Island,
Me. was cleared l.ul.l brunswick, Ga.
Nov. -. with Il cargo OF lumlcr loI
New YORK and went ashore on the
Florida coast S.X member, of tn.
crew were saved, but in the herolc WUrb
beth, Me. the chief bookkeeper of tn,
Hotel Orronde, was drowned.
The Madison daily leader. [volume] (Madison, S.D.) 1890-current, 1896-12-11

ST. LOUIS, Dec. lit is learned that
instead of six there We're eight robbers
i'll the gang that held up the Memphis
express on the Iron Mountain road in
South St. Louis Thus far the police
have been unable to obtain a trace of
the robbers, who are thought to be hid
ing somew here in the city.
The Madison daily leader. [volume] (Madison, S.D.) 1890-current, 1896-12-11
Insurgents Looted mbOnimanza.

PARIS, Dec. ll.-Advices received
from Antananarivo, capital of the
island of Madagascar, announces that
the insurgents during the night of Nov
Is, looted Abonimanga, 10 miles from
Antananarivo. The insurgents cap
tured 40 prisoners and all the cattle.
The English residents had narrow
escape from being massacred
The Madison daily leader. [volume] (Madison, S.D.) 1890-current, 1896-12-11

LONDON. Dec. 1.-The United States
ambassador, Nr. Thomas +. BayaId.
has accepted the invitation OF the lU:tt
mayor oi LOTdoI, Mr. George Fauaei
Phillips, to Le present 1t banGl."t
wh!Ch h will te gwen III honc- OF -.r.
Ba,ard on harcn :.
The Madison daily leader. [volume] (Madison, S.D.) 1890-current, 1896-12-11
Notice Of Application for Probate of Will.


State OF south Dakota, county OF Lake IS.
In county court. In the matter OF the estate Of
William Larington, deceased Notice Of time
appointed for proving will, etc. The state Of
South Dakota sends greeting to Sarah LarinG-
ton, Crista Van Rosendale, Esther Rounda,
Alice D. harrington, Susie A. Laringt on, Viii
liam j. Lari ngton and Edna A. Van Rosend ale,,
heirs next of kin Of William harrington, deceased.
Pursuant to an order of said court, made on the
9Th day OF December, A. D. 1895, notice is hereby
given that Thursday, the 3lst day Of December,
A. d. 1896, at O'Clock p. m. Of said day, at the
court room Of said court, at the city OF Madison.
in the county of Lake, has been appointed a. the
time and place for proving the viii Of said viii
liam darlington, deceased, aed for hearing the
application Of Sarah darlington for the issuance
to her Of letters testamentary, when and where
any person Interested may appear and contest
the same
CWitnees the Hon. J. ii. Williamson, judge of
the county court, and the seal OF said court, this
9th day of December, A. D. 1895, at his office in
the city OF Madison, county OF Lake. state OF
South Dakota.
J.. H. WILLIAMSON,
Judge of fhe County Court.
ID. ID. HOLDRIDGE Il SON,
Attorneys for Petitioner.
The Madison daily leader. [volume] (Madison, S.D.) 1890-current, 1896-12-11
MACEO SHOT TWICE.
Macco's physician Said to Have Surrend-
cred and Confirmed HIS Death.

Macro's physician Said to Have Surrend-
cred and Confirmed HIS Death.
HAVANA. Dec. IL. DIR. Maxim Ter
tucha, who WAS the personal physician
of Antonio Macco, has surrendered to
Colonel Tert, the Spanish commander
at San Felipe, this province. The doc
tor confirms the announcement that
Macco was killed on Dec :, near Punta
Insurgents Il I'd a Spanish column COM
manded by Major Clrujeda. DR. Ter.
tucha says that Maceo was shot in the
chin. the buIlet breaking his jaw and
Iassing out near the neck and shoul-
dcrs. \ second bullet wounded him in
the abdomen.
The Madison daily leader. [volume] (Madison, S.D.) 1890-current, 1896-12-11
PAST FINDING OUT
Reports Regarding tie Death
of Mac"O Still Very Con-
iiictin%.
One Via Key West Positively
Denies the Story Sent Out
From Havana,
While Others From Havana Re-
itCrate the Statement With
Nehemence.

BOSTON. Dec. IA special to The
Journal from Key West says:
lit is learned positively that the re-
port of the death of Maceo and young
Gomez is false. Both are believed to
be near Marlel, while Weyler Is near
San Cristobal, 5 arching for MaccO.'
1t is thought the latter viii cooperate
with Gomez, and then an advance on
Havana is looked for
The Madison daily leader. [volume] (Madison, S.D.) 1890-current, 1896-12-11
Sang "SiVa ESpana,"

TANGIERs, Dec. 1.-THE greatest ell
thusiasm was displayed at the theater
here when the premier announced that
the Spanish minister had received news
of the death of Antonio Maceo. The
audience rose, cheered and sang "Vive
ESpoua -
The Madison daily leader. [volume] (Madison, S.D.) 1890-current, 1896-12-11

DENVER, Dec. ll.-Charles +. Grell
and Alfred West, members of the ma.
tional guard of Colorado, have obtained
leave OF absence and intend to start for
Cuba next Sunday with 200 volunteers,
all of whom have had military train.
ing
The Madison daily leader. [volume] (Madison, S.D.) 1890-current, 1896-12-11
st. Paul Recruits for Cuba.

ST. PAUL, Dec. ll.-An emissary Of
the Cuban insurgents has established
headquarters in st. Paul for the pur-
pose of enlisting recruits for the insur-
gent army. Twenty men were secured
Wednesday to 60 towards making up a
cOmDany here
The Madison daily leader. [volume] (Madison, S.D.) 1890-current, 1896-12-11
10 7 s
sarah ..crniInr.t. Eanuupftrd

FARIN. U"r. ll.-Tl.eIe ucro GvJ yea
pl" p"c>rn: at the banquet glv"''. II t;'r
Grand hOJc- to llln". bernnaru. Dy i"
admire They included the .cudl.
artistic, literary and society people o4
the capital.
The Madison daily leader. [volume] (Madison, S.D.) 1890-current, 1896-12-11
To Remove Heado uarters.

DUBUQUE, Dec. 1.-The Office of AS
sistant General Passenger Agent Merry
Of the Illinois Central company will be
removed from Manchester to DubuQne
Jan. l.
Arizona republican., 1896-01-22

For -Commodious and cen trally located residence, 439 East Washington street.
Arizona republican., 1896-01-22
NEWS IN A NUTSHELL. Happenings of Streets and Town. Epitome of the City'S Local
 Intelligence. The DoingS of Day in Phoenix and
 It's Tributary
 Region.

The cotton wood buds are already unfolding and soon the new leaves will tell of the coming of springtime.
 Probate Judge Grouse yesterday af- ternoon issued marriage license to Chas F. Ralph and Mary Hudyens.
 B. e. Roberts yesterday swore out a warrant in Justice Morris court against person unknown on a charge of stealing wood.
 Sheriff Ruffner returned to Prescott yesterday having in custody the two men arrested by him in New Mexico on a charge of horse stealing.
 A solitary hobo was duly tried be- fore Recorder Jobs yesterday and re- eeived the regulation ten days on the chain gang under the vigilant eye of Hi Hooker.
 Jay B. Edwards, the lecturer, will give a series of lectures at Mesa, com mencing Friday night. He held two meetings at Cartwright district Sun day and Monday night.
 The military band under Captain Wickham will give a free concert Sun day afternoon at the city hall plaza. It will be quite diversion and large crowd will surely attend.
 Applications were filed yesterday by c. H. Knapp for letters of administra- ttion in the estate of Bart Colgan, de ceased. The value of the property of the deceased is about $900.
 Nogales Vidette: Those persons in Phoenix who object to the Salvation Army marching down the streets with drums in full blast are the kind who strain at a gnat and swallow a fly.
 The Benevolent and Protective Or der of Elks at Prescott will give an in stallation banquet at the Burke hotel on Thursday. Invitations have been sent to many prominent persons in this city and elsewhere. F ~
 At Nogales last Saturday was given pleasant birthday party, at which the hosts were Miss Annie Hannah and George w. Webb, young, people
Arizona republican., 1896-01-22
CANNOT PASS THEM BY,
Even Bargains in Which She Has No Idea
 of Investing Attract a Woman.

Even Bargains in Which She Has No Idea
 of Investing Attract a Woman.
 It really might interest a psychologist to determine why the large majority of women cannot pass a counter of loosely displayed dress goods, especially silks, and still more especially if they are marked as bargain. without stopping to finger one or more pieces. It doesn't seem to matter in the least, says an ex. change, whether or not she has the re- motest intention of purchasing. her hand goes out instinctively and fold of the stuff is rubbed critically between her. thumb and finger, sometimes ac- companied by searching glance, but quite as often not. Perhaps the gloved thumb and finger of the shopping wom- an through long practice acquire q familiar sensitiveness like the finger tips of the treasury girls who detect counterfeit bills by highly developed sense of touch. At any rate the most casual observer of the shopping woman must have noticed this almost universal peculiarity not, let him station him. self for five minutes near bargain counter of taffeta silks, for instance. from a beautiful stock and marked ''their price ninety-eight cents, ours thirty-nine cents," and see how many of the surging throng of women will pass that counter without lingering the silks, providing they can get within arms length of the counter.
Arizona republican., 1896-01-22

Mrs. J. c. Shurtleff will do dress making at her home, Jefferson street, between Third and Fourth avenue.
Arizona republican., 1896-01-22

For Rent -Commodious and cen trally located residence, 439 East Washington street.
 Mrs. J. C.. Shurtleff will do dress making at her home, Jefferson street, between Third and Fourth avenue. R. L. Bake, portrait painter, oil, pastel, water color, sepia, India ink and crayon Room 15, Fleming block. The finest line of woolens in the city is at Smith, The Tailor's. Prices to suit the times.
 Pleasant, sunny rooms to let at reasonable prices at the Hayden build ing, Tempe. A. s. WHIPPLE,
 Assignee The only steam clothes cleaner in the territory is at Smith, The Tailor, near P. o.
 If you want fine artistic tailoring see Smith. The Tailor.
 Best cup of coffee at Coffee As" My lady looks into the mirror And her face it glows with delight, As she sees the vast improvement Since she used Parks Tea each night. She is never tired or weary,
 Her ills and her pains have fled; Since she drank of Parks Tea each
 evening,
 A cup full on going ito bed. Sold by c. Eschman & Go.
Arizona republican., 1896-01-22

R. L. Bake, portrait painter, oil, pastel, water color, sepia, India ink and crayon. Room 15, Fleming block.
Arizona republican., 1896-01-22

to be keen on the subject To each the governor replied that the transfer of Cuba to a European power should not be allowed and added that Arizona would contribute more than her uuoto of troops in case of war.
Arizona republican., 1896-01-22
oA. n.I 5r. M.
WORTH REMEMBERING.
HE READ NEWSPAPERS.

HE READ NEWSPAPERS
 @'Haye you observed" said a merchant Go a customer, '.the handsome advertise In+nt have on fence between PhenIx and Mesa?" ssNo," replied the customer, ~sbut if you will send the fence around to my house l will try to read the announce ment. I read the papers and haven't time to go around reading billboards." And the merchant cIatched his head.
Arizona republican., 1896-01-22

The Ivy Green restaurant under the popular management of Mrs. A. Will liamson, continues to attract new pa irons and retain those it already has.
Arizona republican., 1896-01-22
A POSSIBLE WAR.
Would Not Be Backward in
 Patriotic Action.

Governor Hughes has been in receipt Of several telegrams from enterprising eastern journals, asking his opinion on the question of the Monroe doctrine in- volvinga "a possible sale of Cuba to Eng land. Eastern interest is thus shown