davidaulloa/AmericanStories huggingface dataset:
The advocate., 1897-04-21
Kansas Court Of Appeals, Northern Depart.
ment Central Division.

Kansas Court Of Appeals, Northern Depart.
ment, Central Division.
15O.
Henry Fox, plaintiff in error.
VS..
Frank CiprA, OF al, defendants In error.
Error from Ellsworth County District Court.
AFFIRMED.
SYLLABUS.
1. A contract endorsed on the back OF a note
as follows; "For value received, the State
Savings Association hereby assigns this bond
to Henry Fox, or order, and guarantees, first,
the principal payment Of the coupons hereto
attached; SECOND, the collection of the prin-
ctpal OF the within bond In witness whereof,
the State Savings Association has signed and
delivered these presents, by the Vice Presi-
dent, this 8lst day OF May, 1896. w. p. Tomp-
klns,," Is an assignment of the cause OF action
In said note expressed, and is not an endorse
ment within the meaning Of the commercial
law.
2. The payment Of such note and the mort.
gage 60 the original payee, without notice Of
such assignment, Is o good defense to an ac-
tiOn thereon by the assignee.
3, In an action TO f0recloae o note and mort.
gage, upon an issue OF pay to an agent, 1t
Is competent to show the details OF the trans.
actions between the alleged agent and the
principal respecting the subject Of the action
All the Judges Concurring.
true copy.
Attest W.H. GATES.
lsEALl Clerk.
The advocate., 1897-04-21

Kansas Court Of Appesls, Northern Depart
ment, Central Division.
1876.
The Chicago, Rock Island & Pacific Railway
Company, plaintiff in error
Vs.
David Campbell, defendant in error.
Error from Republic County District Court.
AFFIRMED.
SYLLABUS.
/. In proceedings in error In this court,
based upon judgment for less than 800, we
VIII only consider the principle involved in
the exception certified by the court below.
2 In determining the faith and credit to be
given TO proceedings OF sister State, under
the Federal constitution and acts OF Congress
the question Of jurisdiction of the court OF the
sister State Is always open to inquiry.
D. In attachment proceedings, in order to
give court Jurisdiction to condemn the prop
erty attached or garnished and appropriate
the same to the payment Of the claimants
debt 1t Is necessary that the court acquire
jurisdiction OF the principal defendant, either
by actual service CT constructive service, con-
tormable to the rules prescribed by the stat
ute OF the sister State.
4. Under the provisions OF the Iowa code In
troduced in evidence In this case, IN order to
give the Iowa court jurisdiction to condemn
the fund garnished, the publication notice
must be preceded by an affidavit fled in the
case by the plaintiff, that service Of summons
cannot be made In the State.
B. Giving TO the proceedings of sister State
the same faith and credit that are given to
like proceedings by the courts of such sister
State Is compliance with the provisions of
the Federal constitution and the act Of Con.
gress requiring each State to give fall faith
and credit to the judgments and judicial pro-
ceedings of the sister State.
All the Judges concurring.
true copy.
Attest w. II. GATES,
lsEALl Clerk.
The advocate., 1897-04-21

Kansas Court OF Appeals, Northern Depart
ment, Central Division.
1866
j. X. Burnham ct al, plaintiffs In error,
vs..
j. II. Johnson, defendant in error.
Error from Saline County District Court.
REVERSED.
The advocate., 1897-04-21

Kansas Court OF Appeals, Northern Depart
ment, Central Division.
The advocate., 1897-04-21
SYLLABUS.

/. Where the answer positively alleges the
appointment and authority of an agent to col.
lect money due upon the note and mortgage
sued upon and a plea OF payment to such
agent, and the reply thereto Is o general de-
nial, without any verthcation, the allegations
Of appointment and authority OF the agent are
taken to be true and no evidence in support
thereof is necessary.
2. 1t Is true that an agent authorized to col
lect note and m 0rsgage for his principal, Is
not authorized to exchange that note and
mortgage for another note and mortgage, yet
1t appears in this case, by sufficient testi-
ceive the money OF the defendants, from the
proceeds of a new loan made by the defend.
ants, through the agent, TO third party.
All che Judges cOncurring
A Srue copy.
Attest; w. H. GATES,
SEAL Clerk.
The advocate., 1897-04-21
Kansas Court OF Appeals Northern Depart
ment, Central Division.

Kansas Court OF Appeals, Northern Depart
ment, Central Division.
178.
Lizzie J. Townsdin, plaintiff In error,
Vs.
Margaret Townsdln, defendant in error
Error from Cloud County District Court
AFFIRMED.
SYLLABUS. BY THE COURT. WELLS, j.
/. Where an action OF forcible entry and de.
tainer Is upon plea Of title certified to the
District court, 1t is not changed to an action
for the recovery OF real property, IL merely
changes the form, but does not change the
action.
2. The two years OF limitation does not com.
mence TO run against n tenant from year TO
year until the service Of notice to terminate
the tenancy.
Quaere Had the defendant below "Shown
clear, definite agreement and understand
ing between plaintiff and defendants hus-
band OF herself, by which the defendant or
her husband was to have the land In contro-
versy" said agreement extending over more
than one years duration, would the defend.
ant have been entitled to recover thereon?
All the Judges concurring.
A true copy.
Attest; W. II. GATES,
[sEkLl Clerk.
The advocate., 1897-04-21
Appellate Court SyIIabi.
Continued from page o.


Kansas Court Of Appeals. Northern Depart.
ment, Central Division.
lD.
John Johnson and Mary Johnson, plaintiffs in
error,
vs..
T. r. Atwood, defendant in error.
Error from Cloud County District Court
AFFIRMED.
SYLLABUS. BY THE COURT. McELRoY, ].
/. Observation-Disclosures judgment rem
dered by the trial court Is authorized by the
findings. This court cannot inquire into the
findings OF fact where the evidence Is mot
contained In the record. The presumption
Is that the findings are In accordance with
the evidence.
2. Real Estate--Appraisement- Repealed
Section 2S, chapter 109, OF the laws Of 1898, re-
peals sections 1850 and 1851 OF the general stat
utes OF 1889, and since that time no appraise.
ment Of real estate offered for sale under
execution or order OF sale ls necessary.
All the Judges concurring.
A true copy.
Attest: W. H. GATES,
TsEAL1 Clerk.
The advocate., 1897-04-21


157.
G. G. Chapman, plaintiff in error,
We.
John Steiner and Francis Steiner HIS wife,
defendants In error.
Error from Ellsworth County District Court.
AFFIRMED.
SYLLABUS BY THE COURT. MoELRoY, J.
1. Non.Negotlable Note. Where a note other
wise negotiable In form contains the follow
ing clause "In case OF the breach OF any of
the covenants or conditions In the mortgage
deed securing this bond contained, to which
said deed reference Is hereby made, which is
made o part OF this contract, in either such
case che said principal sum with accrued In.
terest shall be, at the election Of the legal
holder or holders thereof at once become
due and payable without further notice. and
may be demanded and collected, anything
herein to the contrary Notwithstanding"
held, that this clause renders the note non.
negotiable instrument.
2. Assignment-Payment- - Notice - Where
the maker Of non.negotiable instrument
pays the same to the payee named therein
without notice that the same has been as
signed to other parties, in good faith, bellev-
ing that the payee 10 entitled to collect the
same, such payment Is an eXtinguishment OF
the indebtedness.
All the judges concurring.
A true copy
Attest WI. GATES,
tsEALl Clerk.
The advocate., 1897-04-21

Kansas Court OF Appeals, Northern Depart.
ment, Central Division.
10I.
The Merchants Savings Bank Of Providence,
plaintiff in error.
vs..
Israel Moore, Elizabeth Moore, ct al., defend.
ants in error.
Error from Osborne County District Court.
AFFIRMED
SYLLABUS BY THE COURT. McELRoY, J..
/. Assignment-Not Commercial Endorse
ment.-A writing upon the back OF q negotia.
BILE promissory note, in terms assigning the
instrument, In which the assignor guarantees
"the collection OF the principal sum within
two years after maturity" and reserves the
right ito repurchase the same" at any time
either before or after maturity and by sx-
press terms makes the right to exercise this
option ito repufchase" q condition precedent
to fix the liability OF the assignOr, Is an In
strnment and not commercial Endorsement
2. Interest-Rate OF for Taxes Paid--By
MOrtgAgee.-The mortgage paid the taxes
and took an assignment OF tax sale certificates,
and afterwards claimed q judgment for this
amount paid for tax under section 70OS gem
eral statutes OF 1889. Held, that the court
properly instructed the jury that he could
only recover ~ per cent.
All the Judges concurnng.
A true copy.
Attest; VIII. GATES,
IsEALl Clerk.
The advocate., 1897-04-21

Kansas Court OF Appeals. Northern DEPART -
80. ment, Central Division.
The advocate., 1897-04-21

Kansas Court Of Appeals, Northern Depart
ment, Central Division.
2O7.
Martin J. Hughes, plaintiff in error,
Vs.
Henry Carlton, OF al, defendants in error
Error from GeaIy County District Court.
AFFIRMED
The advocate., 1897-04-21

Kansas Court of Appeals, Northern Depart
ment, Central Division.
167.
C. 7. Hamilton, plaintiff in error,
VS..
Mat Whitson, OF al. defendants In error
Error from Saline County District Court.
AFFIRMED
The advocate., 1897-04-21
AFFIRMED.

Error from Ellsworth County District Court.
The advocate., 1897-04-21

Kansas Court Of Appesls, Northern Depart
ment, Central Division.
The advocate., 1897-04-21

Kansas Court Of Appeals. Northern Depart.
ment, Central Division.
The advocate., 1897-04-21

c. G. Chapman, plaintiff In error,
Vs.
John Steiner and Francis Steiner, HIS v
defendants In error.
Sharp County record. (Evening Shade, Ark.) 1877-1976, 1897-03-05
There Is Nothing So Good

There is nothing so good az DR..
Kings New Discovery for Consum.
ptlon, Coughs and Colds, SO de-.
mand it and do not permit the deal
err to sell you some substitute, He
will not claim there il anything bet
ter, but IN order to make more prof
il he may claim something else to be
just az good. You want Dr..
Kings New Discovery because You
know it to be safe and reliable, and
guaranteed to do good or money re.
funded, For Coughs, Colds, Con.
sumption and for all affections Of
Throat, Chest and Lungs, there is
nothing so good AZ is DR.. Klngs's
New Discovery. Trial bottles free
at Shows drug store. Regular size
50cents and $l,00.
We are pleased to call the at
tention of our readers to the
card of N. p. Wiles. Mr.. Wilos
has one of the neatest and best
furnished stores in this section
and proposes to sell his goods at
a live and let live price.
The Lord helps those that help
themselves, but If you die without
making an effort to procure a bottle
of DR.. Simmons Cough syrup why
it ~ your fault, especially when its
sold under a guarantee. and 80 full
tor 40 cents. Try a sample bottle
free. W. 9. Snow.
W. d. Cochran and j. II. Nc
Caleb made trip to Hardy this
week.
Keystone Supply Co., Cush-
man, offers 10 ID, Arbuckle coffee
for Sl-75-er / ID for 20 cents.
Walter Roe of Scott township,
was in town Monday, attending
to some business with our county
treasurer. He returned a few
months ago from Lebanon, Ohio,
where he spent fifteen months in
the National Normal University.
Walter Is Industrious, and a
young man Of ability. He be-
lieves in young men preparing
themselves to meet the demands
which are to be made upon the
future citizen, and to that end he
is obeying the injunction of Sol
Sharp County record. (Evening Shade, Ark.) 1877-1976, 1897-03-05
Center CHuteS.
Most all the sick of this locali-
ty are better.

Most all the sick of this locali-
ty are better.
Grandma Gibbins died on the
26th. She was the mother of
twelve children, ten of whom have
gone before her, and two daugh-
tiers still living. Her husband
has been dead for many years,
and she has been living with her
children, she was 70 years old.
The remaining ones have the
sympathy of all their acquaint-
ances.
David East has rented his mill
out, and we are informed that he
will farm this year.
There is going to be another
new mill built this year, on Big
Creek, one mile above Kings
Mill.
A petition has been circulated
to dissolve school district SO, and
add the territory to districts 3 and
IS. Most of our districts are too
small, and need to be made lar
ger by abolishing and adding to
others.
Mrs. Dollie McCord has closed
her term of school at Center, and
has gone to see her mother.
There is talk of her teaching a
subscription school at this place,
this spring and summer.
The temperance cause seems
to suffer in our present legisla-
ture, and our people are so sur
prised at the results, and why?
Demonstration is the thief of
time" Before tbs election last
September was the time to howl
against those whisky sots, re-
CARELESS of party. What more
could we expect when we elect a
majority of our Legislators, and
even down to j. p. and constable,
out of the whiskey ring, to have
laws made and enforced by them.
We think the time has come, and
is now at hand, when pepole
should look to the welfare of the
rising generation, and not to po-
litical predjudices. Political nom
sense is the root of many evils,
but let's look over all the past,
and do better in the future. So
mote it be.
Sharp County record. (Evening Shade, Ark.) 1877-1976, 1897-03-05
MaCcille Mites.

1t was 100000, instead of $500
Give a fellow a chance when he
is estimating the value of print
er's ink.
/. Mrs. Kent and Mrs. Jordan are
still on the sick list.
Prof. John A. Watkins went to
Batesville last week to have his
throat treated by a specialist, we
hope he will return permanently
cured.
Miss Annie Harrell returned
home last Saturday from Jackson
county, where she has been
teaching for the past three mon
tbs.
Rev. George James preached
one of his characteristic doctrinal
sermons to an attentive audience
at Big Creek Sunday.
Mr.. and Mrs. Dolphus Hutch
ison, of Strawberry, spent Satur-
day and Sunday here, the guests
of Mrs. Sallie Vance.
Prof. ]. M. Simpson has been
shorn of his pedagogic locks and
in the phraseology of the coun-
try is ready to "step down
amongst 'em.
c. H. Sims attended singing
here Sunday evening.
People should not judge the
wealth of W. l. Simpson by the
plethoric condition of his pock-
ets-it might be saw-dust.
Sharp County record. (Evening Shade, Ark.) 1877-1976, 1897-03-05
DANGERS OF THE GRIP.

The greatest danger from La
Grippe Is of Its resulting in pneu-
monia. If reasonable care IS used,
however, and Chamberaln's Cough
Remedy taken, all danger will be
avoided. Among the tens of thou.
sands who have used this remedy
for la grippe, we have yet to learn
of single case having resulted IN
pneumonia, which shows conclusive
lv that this remedy is a certain pre-
yentlve of that dread disease. 1t
will effect a permanent cure in less
time than any other treatment.
Tie % and 50 cent sizes for sale by
all medicine dealers.
Sharp County record. (Evening Shade, Ark.) 1877-1976, 1897-03-05

Geo. Mcknight, one of Straw
berry townships enterprising
young farmers had business in
'Hookrum' this week. Geo. says
that the farmers in his section are
going to work with a vim. Quite
a lot of improvements have been
made during the winter. The
principal crop will be corn and
peas. More wheat than usual
was sowed last fall and the pros
pect fairly good for good crop.
There is less corn in our section
than usual for this time of year.
The people are not going in debt
much this year, they are deter
mined to live more economical
than ever before. The talk about
the election of Mckinley starting
the wheels of industry and loos-
ing the string is all a delu-
sion and our people have found
it out. We have found out that
if we will work and live econom-
ical we can live four more years
under the gold standard. Four
years from tomorrow we expect
the world to witness the inaugu-
ration of William j. Bryan, and
no part of the globe will do more
to put him there than Strawberry
townships Democracy.
George lives on a farm with his
mother and brothers, which was
settled by his grandfather, Buck
Mcknight, more than 65 years
ago.
Keystone Supply Co., Cush-
man, handles lumber, nails, seed
potatoes, cement, flour and salt
by the car load. We never buy
less.
Sharp County record. (Evening Shade, Ark.) 1877-1976, 1897-03-05

A conference of the members
of the Methodist church was held
Wednesday afternoon. and after
a thorough canvassing of the
matter, it was unanimously de-
cided that the present building
should be vacated, and steps be
taken Immediately to build a
new church house/It was thou
-ght in the first place, that the
walls Of the present building are
unsafe, and second, if the house
is still occupied that a new roof
would necessarily have to be
made, which would cost some
where between $40 and 500. As
some of our best people are
afraid and do not attend church,
or send their children to Sunday
school on account of the danger
of the building, it would be no
advantage to recover it. So,
everything considered it is GER
tainly the best to proceed to build
a new church.
The services will be held in
the public school building for the
present.
1t is truly hoped that not only
every member of the church, but
every citizen Of our town will find
it in their heart to assist this
move in every way possible.
Sharp County record. (Evening Shade, Ark.) 1877-1976, 1897-03-05
DO BABIES CRY FOR IT.

No! They more often die for the
want OF it. DR.. summons Cough
syrup IL guaranteed to cure Group,
Whoopng.Cough Colds, Cough
and Bronchial affections OF the
Throat, Chest aud Lungs, and fail.
ing the purchase money is refunded,
Sample bottle free. SO doses for
80 ceOls. w, 9, Snow
Sharp County record. (Evening Shade, Ark.) 1877-1976, 1897-03-05
RuckIen's Arnica SalVe.

THE BEST SALvE in the world for
Gus Bruises, Sores, Ulcers. Salt Rheum,
Fever Sores letter, Chapped Hands,
Chlbans, Corns and all Skin Eruptions,
aud positively cures Piles, or no pay
required, 1t is guaranteed to give perfect
satisfaction or money refunded. Price
% cents per box. For Sale BY W. c.
Snow.
Sharp County record. (Evening Shade, Ark.) 1877-1976, 1897-03-05

ONION: Get wisdom, get under
standing. Then shalt thou walk
in the way safely, and thy foot
shall not stumble. Then thou
shalt understand righteousness,
and judgment and equity.
Sharp County record. (Evening Shade, Ark.) 1877-1976, 1897-03-05
ANNOUNCEMENT.
OF
The Cave City High School.

Toonhnr, wishing to raise
IOoI"e''@ their grade and
others preparing to teach, can
do no better than attend oul
NORMAL SPRING TERM.
A thorough review of all the
common school studies will be
given, Also classes in Algebra
Science Of Teaching, Civil Gov
eminent and Physics main
tanned.
Term Begins March, 7, 1897
Students can enter at any
time. ..
Tuition 2 dollars per month,
Board 6 dollars per month.
Healthy location, Moral com
munity. An experienced teach
err. Thorough worK.
For further information ad-
dress,
q. w. AIcOrn,
Teacher.
Cave City, Sharp Co. Ark.
Sharp County record. (Evening Shade, Ark.) 1877-1976, 1897-03-05
Did You Ever

Try Electric Bitters as remedy for
your troubles? If not, get bottle
now and get relief. This medicine
has been found to be peculiarly
adapted to the relief and cure of all
Female Complaints, exertlng a won-
derful direct influence III giving
strength and tone to the organs. If
you have loss of Appetite. ConStlpa.
ton, Headache, Falrtlng Spells. or
are Nervous, SlcepleSS, Excltable.
Melancholy or tro1bled with dizzy
spells, Eclectic Btters Is the medi.
cine you need. Health and strength
guaranteed by its use. Fifty cents
and 81 at Shows drug store.
In this issue of the RECORD ap-
pears the 'ad' of the keystone
Supply Co., of Cushman. This
company carries a large stock of
general merchandise, and pro-
pose to sell at rock bottom
prices.
Mr.. W. H. Denison, who is
thoroughly identified with the
people of North Arkansas, has
charge of this business. He is a
heightened gentleman, and will
treat you right.
Sharp County record. (Evening Shade, Ark.) 1877-1976, 1897-03-05

Does 1t pay9 Yes, because IN case
DR.. Slmmons' Cough Syrup fails to
cure or give Satisfaction the pur'
chase money IL refunded. Try a
bottle, w. G. Snow.
Sharp County record. (Evening Shade, Ark.) 1877-1976, 1897-03-05

You get your moneys worth, or
your money back. Dr.. Simmons
Cough Syrup so doses for fifty
cents and money returaed If not sat.
isfed, Manufactured by A. G,
Summons Jr. Medicine Company,
Sherman, Texas. w. q. Snow.
Sharp County record. (Evening Shade, Ark.) 1877-1976, 1897-03-05

so doses for so cents. Ia the
same size as other I'll bottles, and
money refunded If DR.. Slmnons'
Cough Syrup fails to give satisiac'
ton Try it, costs nothing if not
satisfied. w. Z. Snow.
Sharp County record. (Evening Shade, Ark.) 1877-1976, 1897-03-05
LOCAL NEWS.

Miss Eudora Shaver is quite
sick this week.
keystone Supply Co., Cush-
man, best salt S1.20 per barrel.
Z Sheriff Wilkens collected taxes
here Tuesday and Wednesday.
Go to the Keystone Supply Co.
at Cushman, for 10 ID green coffee
for 81.
Rev. W. S. Southworth will
preach at Sidney next Sunday at
II a. m. and 3 p. m.
Judge McCaleb, S. H. David
son and W. A. Turner returned
from Salem court Tuesday.
Keystone Supply Co., Cush-
man, is headquarters for barbed
wire and wire nails.
Note the bargains offered by
M. A. Coger, in another column,
and call on him.
Never confuse sentiment witt.
business. i'll cant cure you don't
want your money. Respectfully,
DR.. Simmons Cough Syrup.
To the good people Of Evening
Shade, | feel under many obi
cations, for their kindnes during
my sickness and misfortunes. l
feel that we were kindly attended
to. Yours Truly,
R. L. Evans.
The Williford Review is a new
paper published at Williford, Ark.
by j. l.. Frazier. We wish it a
long and prosperous voyage over
the tempestuous sea of journal
ism. MAY its free silver editor
'ials be so pungent as to bring
enough of that commodity to the
editors desk each day, to insure
him at least one square meal per
week.
Sharp County record. (Evening Shade, Ark.) 1877-1976, 1897-03-05

rs bales of cotton was delivered
at Hardy by the farmers of this
community for W. D. Cochran.
Sharp County record. (Evening Shade, Ark.) 1877-1976, 1897-03-05
III. A. Goger,
y. DEALER LIN

GROCERIES, NOTIONS, AND
PATENT MEDICINES, WILL
SELL:
ay-6! lb. good green coffee for 81.
Bty- Arbuckle roasted coffee, ~
cents per package.
aes-The best sugar IL to 18lb. to
the dollar.
sg Coal oil, 20 cents per gallon.
paT6 ID. soda for % cents.
1esr6 Id. rolled oats for % cents.
1gr6 box axle grease for % cents.
aD~G Glass lamps, from 20 cents to
80 cents each.
S.s"2 lb. horse nails, for % cents.
ay- Horse shoes from 8 to 10 cents
per pair.
Beg Mems shirts from 20 to Is
cents.
1g- Suspenders from 5 to 30 cepts.
Ias- One set teaspoons 5 ceFts.
ny Galvanized tubs 65 cents
each.
10 Galvanized water buckets 20
cents. Etc. -
Sharp County record. (Evening Shade, Ark.) 1877-1976, 1897-03-05

We want more correspondents,
one from every locality in the
county
Sharp County record. (Evening Shade, Ark.) 1877-1976, 1897-03-05
ANNOUNCEMENT.
Evening Shade Zig s,l,'|.

Session Begins Sept IA, '96.
Offers the following: Good
moral and religious influence:
excellent water: good building
with three rooms, high ceiling,
and good ventilation: careful
grading: extensive course of
study: experienced teachers.
Cheapes! rater Of tuition of any
school Of same grade in the
country. Good board In pri-
vate families 7. to s. dollars
per. month.
Guarantors of teachers salar-
les have put the a
Rates OfTuitiOn
at from Sl.00 tos2.50 per month
for each student. Incidental
fee ten cents per month for each
student. Tuition and fee pay
able at end of each month.
Executive Board
Hon. r. |. Herrn, G. j. Wills on
p. H. Wilkerson, j. r. Met
calf, w. P. Hamilton.
Instructors.
I. X. Hooper, principal in.
structor in High School.
A. M. Metcalf instructor in
Primary School.
Sharp County record. (Evening Shade, Ark.) 1877-1976, 1897-03-05
Plenty Water

No danger of having to
wait. Come along, if you
want good -four.
The continual advance in
wheat forces us to again
advance the price of flour as
fo11o,,,c
Sharp County record. (Evening Shade, Ark.) 1877-1976, 1897-03-05

Correspondents to the RECORD
should mail their letters so as to
reach us on Tuesday.