davidaulloa/AmericanStories huggingface dataset:
The record-union., 1897-09-13
(Sacramento. No. 1914. Department
1 COZ

Sacramento. No. 1914. Department
Two. Filed September 10. 1879
John H Wise, ct al, appellants: M.
NJ. Wakefield, respondent. Recovery of
balance of account. Affirmed.
Near the close of the trial plaintiffs
applied for leave to file an amended
complaint, setting forth in addition to
the items alleged in their original COM
plaint various others said to have been
proved in the course of the evidence,
and by which the balance in their favor
was materially augmented. The court
ordered that they have leave to amend
in the more important particulars pro-
posed, on condition that a previous Of
fer by defendant to allow judgment in
certain sum be deemed increased to
correspond with the increased demand
of the complaints. Plaintiffs did not
act on this suggestion, but afterward
complained of the denial of their appli-
cation. Held, that the matter was one
entirely discretionary with the court.
Where certain testimony is undoubt-
edly competent in the general sense, and
only incompetent upon one particular
ground, and this ground is not specified
in the objection: the point of the eX
ceptions having not been so stated as
to be apparent to the court; held, the
objection was not enormously over
ruled.
Where no objection is takeh to a rul-
| ing of the trial court, error assigned
and argued in this connection cannot
! be considered on appeal
An instruction declaring to the jury
a mere presumption of fact is rightly
| refused.
The record-union., 1897-09-13
(Sac.. No. 320-In Bank-Filed Septem-
ber 10. 1879

Ger III, 1870
Chico High School Board. appellant:
Board of Supervisors of Butte County.
respondent. Mandate to compel board
to hold special meeting and levy spec
ial tax Affirmed.
IND the school law as it now .ands.
in cities and Incorporated towns of the
first five classes. the High School boards
shall report their estimates for high
school support to the City Trustees, or
other legislative authority, and that in
all other cases including cities of the
sixth class the estimate should be pre-
sented to the Board of Supervisors of
the county or counties in which the
High School is situated. Chico being a
city of the fifth class. the demand for
levy of the school tax should have been
made to the Board of Trustees of Chico.
and not to the Board of Supervisors of
Butte County.
The record-union., 1897-09-13

IS. F., No. S9S-Department One-Filed
September 5, 1879
In the matter of the estate of Jere-
miah O'COnnor, deceased. Contest of
Will Affirmed.
To impeach a witness upon the
ground of inconsistent statements, the
impeaching testimony must be plain
ly inconsistent with that already given.
z. G., where a witness states that the
deceased was not suffering from an at
tack of apopleXy at the time the will
was made, he cannot be impeached
through an admission that at soma
hour of the day on which the will was
made the deceased was attacked by a
stroke of apopleXy.
The court rightly rejected the intro
duction in evidence of the death certifi-
cate furnished by the attending ply
sician to the Health officer, for the
purpose of showing that the cause of
death was apoplexy. ApOplexy as a
rule comes without warning. In no
sense is it considered a slow and insid-
ious disease; and it is impossible to
say by the record that the particular
attack came upon deceased prior to the
making of the will.
The record-union., 1897-09-13

(San Francisco, No. $50 Department
Two. Filed September 10. 1879
Pacific Rolling Mill Company. appel
liant; w. D. English ct al, respondents.
Action TO compel State Harbor Com
The record-union., 1897-09-13
(san Francisco. No.522. Department

(San rdnclScO, NO.0-Z. department
One. Filed September 10, 1879
Pierre Canhape. administrator. etc,
appellant: Security Savings Bank ct
al. respondents.
When the facts necessary to sustain
the judgment do not naturally follow
as a necessary sequence from the pro-
bative facts, but must depend upon in
ferences to be deduced therefrom it is
as exclusively the province of the trial
court to make those deductions and
find the facts as where the evidence
itself is conflicting.
The record-union., 1897-09-13

IS. F., No. 939-Department One-Filed
September s, 1879
In the matter of the estat eof Mamie
E. Leslie deceased. Affirmed
The provisions of Section 1869, G. c.
P, apply to the separate property of
both the wife and husband equally with
the community property.
The record-union., 1897-09-13
Plaid POplins, ST. 35.

Bright Tartan Plaids are in
evidence everywhere this season.
Nothing more beautiful than our
Silk and Wool Plaid Poplins in
reds, blues and greens. Excep-
tional quality high luster made
specially for Ladies Novelty
Waists, ST IS.
The record-union., 1897-09-13

Sacramento, No. 211. Department
Two. Filed September 10. 1879
George Simmons, appellant; William
Gibson. respondent. Ejectment. Re
versed.
The judgment book is part of the
records of the court, and is the final re-
pository of the determination of the
court upon every cause which passes to
judgment. It is, of course a judicial
record, and is competent evidence of
what matters We're considered and
passed upon by the court; it is indeed
the most permanent memorial of those
matters ordained by law to be kept
And, where it's recitals show acquisi-
ton of jurisdiction by the court over
the defendants, they are evidence of
the facts recited. and the judgment
carries on its face evidence of its own
validity.
The record-union., 1897-09-13

Grim, No. 22S-In Bank-Filed Sep
tember 10, 1879
The people, etc, respondent; Charles
G. Kuhlman. appellant. Contempt of
court. Appeal dismissed.
The general rule is definitely settled
that there is no appeal from a judg-
ment or order adjudging one guilty of
contempt
There is no appeal from the Superior
to the Supreme Court in criminal case
unless the appellant had been prosecut-
ed in the former court under an infor-
nation or Indictment
The record-union., 1897-09-13
We Fit All Shapes.

A man is at his best when COM
fortable-big thing for us.
Whether the man is very large or
very slim, we have special Suits to
fit hi1n-nelther too tight nor too
loose-just right in every part.
Tens of thousands of dollars in
vested here in Mems Clothing for
fall, 1897.
The record-union., 1897-09-13
Mems
Scarlet Underwear.

Our Scarlet Wool Knit I'm
derwear for men this season is not
only up to the regular standard in
value, but superior in finish. The
single-breasted garments are ST
each, and the finer quality, with
double front and back, ST so each.
The record-union., 1897-09-13

Is. F, No. 716-Department One-Filed
September s, 1879
In the matter of the guardianship Of
the person and estate of D. B. Carver.
Jr. a minor. Order settling final ac-
count of guardian affirmed.
The record-union., 1897-09-13
Bows Underwear.

Among the new fall Underwear
for boys are some of soft wool il
natural gray color and telling
value at soc. Another notable
line is of white merino, serviceable
weight and extra finish, for 4oc.
The record-union., 1897-09-13
IS. F., No. 51S-Department One-Filed
Santemher 3. 1S91l

IS. F., No. 51S-Department One-Filed
September s, 1879
Lorin Fox, respondent; Oakland Con-
solidated Railway, appellant. Damages
for death of infant son Of plaintiff. Re-
verseA
The question of the parents negli-
gence in any given case cannot be made
TO turn upon the state of his finances.
Therefore, an instruction to this eff
feet: THE fact that plaintiff is a poor
man constitutes no ground why he is
entitled TO a verdict but is a matter
to be considered by you in determin-
ing whether or not he has been guilty
of contributory negligence" is erron-
eous, if not constituting reversible err
ror.
The appellant has the right. and it
IS most reasonable in judging of the
probable character of occupation the
deceased would have pursued, to regard
with the other circumstances surround
ing him. the calling of his father, since
experience teaches that children very
frequently pursue the same general
class Of business as that of their par
ents."
While it is the province of the jury
TO estimate the extent of the injury.
the right is not arbitrary, but must be
justly exercised within the evidence.
And when it is apparent that the award
is obviously SO disproportionate to the
injury proved as to justify the conclu-
sion that the verdict is not the result
of the cool and dispassionate discretion
of the jury" it will be set aside on
appeal
The record-union., 1897-09-13
Box Papers.

Twenty-four sheets of kid-fn-
ished Letter Paper and same
number of Envelopes, put up in
neat box and tied with silk bra
dine ribbon; comes in four tints.
Special price, IOc box.
The record-union., 1897-09-13
Is. F., No. 351. Department Two. Filed

September 10, ISJI)
Joseph NJ Nougues, appellant; Fran
els G. Newlands, trustee, ct al, re-
spondents. Accounting. Affirmed.
The statute of limitations runs in
favor of a defendant chargeable as
trustee of an implied trust, and it is
not necessary in order to set the stat
ute in motion that he should have at
tackled or repudiated the trust
The record-union., 1897-09-13


The facts proven justified the find
ings.
Is. F., No 697. Department Two. Filed
September 10, 1879
Charles Kriess, administrator, appel
liant; Jules Faron and B. A Portal, ad-
ministrator of che estate of Margaret
Faron, deceased, respondents. PrOmis-
sorry notes. Affirmed.
Where process is served upon the
thing itself, and where the mere pos
session of the thing itself by the serv-
ice of process and making proclama-
ton, authorizes the court to decide
upon it without notice to any individ-
ual whatever it is a proceeding in rem,
to which all the world are parties.
The sentence of condemnation. is con-
elusive evidence in a case II which no
notice was given to the owner in per-
son, who was not party to the suit,
because the seizure itself is notice to
the owner who is presumed to know
whatever becomes of his own goods.
The forfeiture becomes absolute at
the commission of the prohibited acts,
and the title from that moment vests
in the United States in all cases where
the statute in terms denounces the for
feiture of the property as a penalty for
the violation of law without giving
any alternative remedy or prescrib-
ing any substitute for the forfeiture or
allowing any exceptions to its enforce
ment, or employing in the enactment
any language showing a different in
tent. In all such cases it is not in the
power of the offender, or former owner,
to defeat the forfeiture by any subse-
quent transfer of the property even to
a bona fide purchaser for value with
out notice of the wrongful acts done
and committed by the former owner.
The record-union., 1897-09-13

missioners to draw draft on harbor
fund and for Injunction Affirmed.
The facts proven justified the find
ings.
The record-union., 1897-09-13

(Sac. Department One-Filed Sep
tember :, 1879
Bagley, respondent; Cohen, ct al, ap-
pallanss. Promissory note. Reversed
The note sued upon contained a
promise to pay a certain sum "out of
the profits arising from my raisin busi-
ness at Malaga during the present sea-
son" There accrued no such profits. In
an action against the guarantors, held.
that in the absence of the profits made
conditional, no liability of the guaran-
tors could arise.
The record-union., 1897-09-13
The New "VirOt"
Yelling.

A new yelling is the "Virot.
1t has a neat square mesh Of
double threads, and at the corner
Of every four meshes is a chenille
dot. The effect is stylish and be-
coming. Comes in black only at
soc yard.
The record-union., 1897-09-13

ONLY ONE DOLLAR A YEAR-THE
WEEKLY UNION. The best weekly.
The record-union., 1897-09-13
Our ST Silk PIaids.

A choice line Of new Plaid
Silks has just arrived. These
have the rich satin stripes at in
tervals of every few inches, which
give these silks a decidedly new,
rich appearance. All very desira-
BILE colors for waists. 81.
The record-union., 1897-09-13
Writing Paper.

Good-weight Writing Paper,
clear white stock, ruled, octave or
commercial size, I2O sheets, for
IOc and I2c.
The Globe-republican. [volume] (Dodge City, Kan.) 1889-1910, 1897-11-04

these lines, but certainly many retafl
dealers will. and they should have
much influence with their customers.
Hemlock has the advantage OF being
both strong and stiff; that is. it is cap
able Of bearing heavy strain and OF
Ut sieiG,r :rrri. rhs b-eakins
point is closely approached: therefore.
for framing material 1t Is unexcelled.
For mud stills and in situations where
1t is subject to alterations Of moisture
and dryness. hemlock is found ex-
tremely desirable Therefore. to a large
part OF farm building construction tits
peculiarly we'll adapted. In sections OF
Iowa where it has been thoroughly
tried hemlock is given the preference
for barn construction. 1t is little late
in the season to talk about corn crib
material, and yet the attention OF the
farmers should be called to the fact.
supported by much irrefutabie evil
dence, that rats and mice will not at
tack hemlock, and so cribs built of 1t
are rat and mouse proof. except as the
rodents may find their way through
openings into cribs. They will not
make an opening. however, and this
fact should commend il for this purpose
to the farmers Hemlock is still cheap
timber in the West. and lumber con-
sumers should be given the advantage
of this fact, that they may use it wher-
ever it = possible and economical to
do so.
The Globe-republican. [volume] (Dodge City, Kan.) 1889-1910, 1897-11-04
Anent Horses.

According to the department of agri-
culture from 1889 to 1893 the number
of horses in Montana. Wyoming, Colo
RADIO. New Mexico and ranges farther
west, increased from 1 ,479, 76S to 1872
532, about 80 1-3 per cent. The average
price of horses in the United States in
1866 was $59.S6. from 1883 to 1889 from
$70.59 to $74.64. the highest price being
that Of $S4; and by 1892 the average
value was reduced to $65.01. After 1893
began the heavy decline. During that
year the average price was $61.22; in
81. $47.S3; in '95, $46.29: in 90, $33.O7,
and at the beginning of 81, $31.51.
These cheap prices have checked pro-
duction in the South and East. The de-
partment has the following reasons for
considering the outlook encouraging.
In the West since 1893 the number of
horses has fallen from 1872. 523 to L.
GIG, 402, or nearly IS per cent. Exports
to Europe have grown from 5000 a
year to $4,000 in 1896. The Western
horse having cost so much of his value
the ranges will be devoted to more
profitable industries. The demand for
certain better classes, draft and driving
horses, good saddlers and cavalry
mounts has growing improvement.
The Globe-republican. [volume] (Dodge City, Kan.) 1889-1910, 1897-11-04

Growing Black WaInAt for TiDhsr.
There mas come to be widespread
notion that fortunes can be made In
very few years by growing black wal
nut for timber. writes Chas. A. kener
in American Gardening. II the 1dea,
erroneous as 1t is. were to result IN
the extensive planting of this valuable
species it would result in great uia-
mate good. though it is doubtful II any
OF the planters would live to harvest
their crop. The black walnut is rapid
growing tree when planted under fav-
orable conditions. but it does not &C.
velcp the rich dark color that gives 10
the wood its peculiar value until II APP
proaches maturity, or at an age oesoha
one hundred years. know of trees cniy
80 years old that are over sixty feet in
height and ten inches in diameter al
breast high. But the wood OF these
trees is sappy and light colored. show
ing none of the richness that makes
the timber sought for furniture ana
finishing purposes. 1t is the color that
gives value to the wood, and young
trees cannot be sold at price mucn
beyond that OF any other species. Ana
yes, given a deep, fresh. loamy soii'
such as that of river and rccek "Sot-
toi;." and second bench" lands. and l
doubt if a better crop could be grown
In odd corners, or where land is cheap.
The nuts should be planted where the
tree is to stand, shortly after they
drop from the tree 1t is unnecessary
to hull them. They should be covered
about one inch deep, and will ordinar-
lily grow a foot high the first year.
They are easily transplanted when one
year old. but as heavy tap root is
formed they are difficult to reset after
the first year. For timber they should
be grown among other trees that make
a denser shade. These are called nurse
trees. and their purpose is to prevent
the walnut from branching low. and
forcing its stem straight and tall. Red
and Silver Maple, Russian and native
Mulberry. and Box Elder are all good
nurses for black walnut. Suppose all
the trees stand AKA feet apart. then each
walnut should be surrounded by nurse
trees. This would place the walnuts
at least SIS feet apart. would prefer
to make the entire plantation 3x3 feet,
placing walnuts at 9x9 feet; this would
require 537 walnut trees per acre, and
a total of 1910 trees per acre. The rate
OF thinning would depend entirely upon
the development, and this in turn de-
ponds on many things; soil, exposure,
rain, humidity, winds and all the con-
ditions of locality that can influence
tree growth. AS to the number of trees
that should stand on an acre at given
age and the value of a walnut planta-
ton at any given time. such subjects
are too speculative for discussion, and
any attempt at didactic statement
would be absurd. Fashions change In
woods as we'll as in bonnets, and be-
cause black walnut is priced tree to-
day. it does not, Of course, follow that
1t will be so hundred years hence.
The Globe-republican. [volume] (Dodge City, Kan.) 1889-1910, 1897-11-04

If you do not pay your debts, do not
emagine that the fact is not generally
known Everybody knows thas you
are . dead beat, and dishonest, and
this knowledge Injuries you every time
your name is mentioned.
The Globe-republican. [volume] (Dodge City, Kan.) 1889-1910, 1897-11-04
Peach-Growing IN Georgia.


J. H. Hale, the Connecticut fruit
grower, who has the great Georgia or
chard of which much has been written,
is preparing for another increase in Ills
trees. Last winter the orchard of 10O,-
900 trees was increased by $1,000, and
the land is being prepared this sum-
mer for the planting of $4,000 more
this fall, which will be a practical
doubling of the orchard, says the
Southern Planter. The increased plant
ings will be entirely of earlier varie-
ties of peaches than are now in the
bearing orchard and of Japan plums.
The nursery plant of the company has
recently been increased, and now pro-
duces about 100000 trees annually.
Fort Valleys big orchard is the great
est of its kind in America. 1t is a lit
tie southwest of the central part of
Georgia, on the line of the Southern
railway. The orchard, when the new
trees are planted, will contain nearly
1000 acres.
The Globe-republican. [volume] (Dodge City, Kan.) 1889-1910, 1897-11-04

Shiftleseness is about the worst q
all the bod habits A man may b
smart enough, but If he 10 shiftless,
and sleeps until nine o'clock in the
morning. because he buns around the
streets until late at night, he can never
amount to anything. We are tired Of
hearing of these smart young mens
they seldom amount to anything.
The Globe-republican. [volume] (Dodge City, Kan.) 1889-1910, 1897-11-04
Strictly Truthful.

CrimsonbeakA'Tl give that man
Windham credit for being truthful"
Yeast-"Why?" He got up to speak
last night and he said he wouldn't
keep the audience a minute" And
is that as long as he kept them?'
Yes: they all got up and left the
hall."-Yonkers Statesman.
The Globe-republican. [volume] (Dodge City, Kan.) 1889-1910, 1897-11-04

Mrs Shrill-"So you won't get ne
that new bonnet? Mr.. S-"No,
won't" Mrs. S-"Very well. then. III
20 to every temperance meeting that
comes along and people will think
the reason l amt decently dressed IN
York Weekly.
The Globe-republican. [volume] (Dodge City, Kan.) 1889-1910, 1897-11-04

b local applications as they cannot
reach the diseased portion Of the ear.
There is only one way to cure deafness,
and that is by constitutional remedies.
Deafness is caused by an infiamed condt-
ton Of the mucous lining OF the Eus-
tachian Tube. When this tube is in
perfect hearing. and when 1t is entir Ely
closed, Deafness is the result and En-
less the Inflammation can be taken out
and this tube restored 20 it's normal con-
dition. hearing will be destroyed forever:
nine cases out Of ten are caused by ca
tarrh. which is nothing but an infiamed
condition Of the mucous surfaces.
We will give One Hundred Dollars for
any case of Deafness Caused by catarrh)
that cannot be cured by Halls Catarrh
Cure. Send for circulars. free.
F. J. CHENEY & CO., Toledo O
Sold by Druggists, 75c.
Halls Family Pills are the best.
The Globe-republican. [volume] (Dodge City, Kan.) 1889-1910, 1897-11-04
Read the Adve etisc menes.

You will enjoy this publication much
better if you will get into the habit of
reading the advertisements: they will
afford most interesting study and
will put you in the way of getting
some excellent bargains Our adver-
tisers are reliable they send what they
advertise
The Globe-republican. [volume] (Dodge City, Kan.) 1889-1910, 1897-11-04

Governor McLaurin, of Mississippi,
has appointed H. D. Money to fill ont
the unexp;red term of the late United
States Senator George.
The Globe-republican. [volume] (Dodge City, Kan.) 1889-1910, 1897-11-04

Boreleigh-I believe in a previous ex>
istence. l am quite sure was on earth
before.
Soreleigh-H you were nobody elsa
knew it.
Boreleigh-Why not?
Soreleigh-You would not have come
back.-Brooklyn Life.
The Globe-republican. [volume] (Dodge City, Kan.) 1889-1910, 1897-11-04

The mosquitoes are SO large this year
that at night they make a noise resem-
bling wolves bowling around . poor
man door,
The Globe-republican. [volume] (Dodge City, Kan.) 1889-1910, 1897-11-04

There is nothing so sustaining in
pas-.ng through IN ordeal as proper
pride: an Atchison woman, who was
struck on the head by a beer bottle in
her husbands hands, claims that it
was q champagne bottle.
The Globe-republican. [volume] (Dodge City, Kan.) 1889-1910, 1897-11-04
Free, Important Information

To men (plain envelopel How, after ten
years fruitiess doctoring. vas fully re-
stored to full vigor and robust manhood.
10 c. O. D. fraud. No money accepted.
No connection with medical concerns.
Sent absolutely free. Address. Lock Box
2.S, Chicago, Ill. Send 2-cent stamp if
convenient.
The Globe-republican. [volume] (Dodge City, Kan.) 1889-1910, 1897-11-04
Too Much Levity.

Kilduff-"For a bill collector younR
Dunn displays considerable ill-timed
levity." Skidmore-''In what way?"
Kilduff-"Nhen he comes after an &C.
count he says cheerfully: Did you
want to see me to-day?"-Detroit Free
Press.
The Globe-republican. [volume] (Dodge City, Kan.) 1889-1910, 1897-11-04
Everybody Says So.

Casearets Candy Cathartic the most wonder
full medical discovery Of the age. pleasant and
refreshing to the taste act gently and positively
or the kidneys, liver and bowels, cleansing the
entire system, dispel colds, cure headache.
fever habitual constipation and biliousness.
Please buy and try a box Of c. c. c. to-day; 10,
g. 50 cent Sold and guaranteed to cure by all
drupriStS
The Globe-republican. [volume] (Dodge City, Kan.) 1889-1910, 1897-11-04

Alife-size statue of Commodore Van
derbilt, which has been given to Van
derbilt University, by residents OF
Nashville, was formally presented.
The Globe-republican. [volume] (Dodge City, Kan.) 1889-1910, 1897-11-04

Danish Lighthouses during storms
pump oil upon the waters, and, in con.
sequence, vessels seek the shelter of
the smooth water thus created.
The Globe-republican. [volume] (Dodge City, Kan.) 1889-1910, 1897-11-04
Contradictory Evidence.

The doctor ordered your husband
whisky for his rheumatism. Does IL
do him any good?"
He says it does him a world Of good,
but notice the twinges come upon him
more frequently than ever."-Odds
and Ends.
The Globe-republican. [volume] (Dodge City, Kan.) 1889-1910, 1897-11-04

English breeders want q law compell-
ing owners of COWS that have aborted,
to mark them so they cannot be sold
as sound stock.