davidaulloa/AmericanStories huggingface dataset:
The morning times., 1897-02-03

read your editorial page every day.
That and the Bible are the only literature
1 spare myself the time to read.-Sam
Roads, Chief Stationery Division, Treas
ury Department.
The morning times., 1897-02-03

The chicory mill, for which Omaha is
so justly celebrated, might have been
located more appropriately, as it seems
TO US, in the Wooden Nutmeg State
The morning times., 1897-02-03

The London Times calls for information
of James G. Blair, who, on a voyage from
Leith to London, fell overheard" (This
is a good thing, and we push it along)
The morning times., 1897-02-03

We should not desire to be impertinent; !;
but has DR.. Depew provided his candidacy
for the English mission with block signals?
The morning times., 1897-02-03

A st. Louis clergyman captured sneak
thief recently; and the Republic infers that
the vilest sinner not only may but must
return.
The morning times., 1897-02-03

1t is now reported that Mr.. Mckinley
refused a Cabinet place to Capt. Boutelle
at the especial instance of Speaker Reed.
Well, Welt
The morning times., 1897-02-03

There is nothing to prove to certain hard
working Senators that Ned Wolcott is not
at the present moment enjoying the de-
lights of the Moulin Rouge; and they think
it is very hard to be obliged to work
The morning times., 1897-02-03

There will be great many dress suits
made for the inaugural ball. II always
makes the dress suit end of our business
good But there viii be great number
of suits rented Keen, Tailor.
The morning times., 1897-02-03

The Princess de Chimay can speak both
French and German; and no wonder She
got into trouble ION the other side"
The morning times., 1897-02-03

Congressman Case Broderick objects that
replying to applications for office takes
up most OF his time; but isn't that what
the Hon. Case Frederick is there for?
The morning times., 1897-02-03

Murat Halstead is still in Kansas. Poor
old KanSaSi
The morning times., 1897-02-03

We guess the Senate doesn't know that
Frederick r. Coudert favors the arbitra-
ton treaty.
The morning times., 1897-02-03

A breach of promise compelled raeni-
ber of the British Parliament to resign. If
breaches of promise compelled American
Congressman to resign Speaker Reed would
have to count chairs, overcoats and hats
TO get a quorum.
The morning times., 1897-02-03

Hon. Tom Platt considers that he has
a governor who is fast Black
The morning times., 1897-02-03

Silver Democrats say that Mr. Davis Is
desertcr and should not be rewarded
at the hands OF his party, but President
The morning times., 1897-02-03

There seems fair prospect that the new
senate may yet open with two vacancies,
one from Kentucky and one from Oregon,
ana that the Eody may stand AZ Repub-
Hcans and 46 Democrats, Populists and
Silver Republicans.
VI course, no vacancy occurring in
oregon under these circumstances can be
flileu by gubernatorial appointment; for,
under the decision in the Mantle case, the
Governor is powerless to fill vacancy
resulting from the inaction OF a legislative
tody. Probably the same situation exists
In Kentucky, although some authorities ar
que that Gov. Bradley has power to fill
the Blue Grass State vacancy. He may
or may not undertake to do it,
The morning times., 1897-02-03

Speaker Reed need not pretend that he
voted TO do away with the seed distribution
for any purpose than to show that he has
large city constituency.
The morning times., 1897-02-03

1t does not follow that John James
ingalls, has lost his voice Perhaps it is
only changing.
The morning times., 1897-02-03

For "a practical air-ship" we would
suggest that Hon. Bourke Cochran repair
his pneumatic tire and go ahead.
The morning times., 1897-02-03

Washington is the best town in the
United States TO live in. L have been in
them all This is rot the ordinary theat-
rcal mans oily. Frank l. O'Neill, News
paper Man, with John Drew.
The morning times., 1897-02-03

Charles \. Blair, of Jackson, Mich, was
at the Capitol yesterday. He is actively
engaged in pushing his candidacy for
United States District attorney. Mr.. Blair
is son of the late Austin Blair, the
famous War Governor of the Wolverine
State.
The morning times., 1897-02-03

Gov. Tanner, of Illinois, has fifteen
offices to dispose of and thirtyfive appli-
cations for them; and evidently he will
have TO consult Mrs Tanner in this emer-
gency
The morning times., 1897-02-03

Senator Stewart is not devoting so much
'73.
The morning times., 1897-02-03

Edward W. Box is writing lovely sIum-
ber songs.
The morning times., 1897-02-03

Gov. Black of New York didn't attract
so very much attention here in Washing
ton when he was a member OF the lower
branch partly, no doubt, because his
personal resemblance had, as in the case
of Uncle Shelby Cullom, been discovered
and really there was no particular reason
why it should be discovered, for your
Uncle Shelby is truly the only counter
felt presentnent of tie great. dear Old
Abe. Either Gov. Black is very self
willed, or else he is machine politician
OF the most approved Platt order. He
has appointed Lou Payn. the notorious
lobbyist OF Albany and New York city
and the southern tier (as we'll as the north
ern tier alsol; and there is everything to
indicate that this appointment will be
approved, For it is inconccivable that Mr.
Platt should have gone away to Florida
and left any OF the bars down.
It is a question, after all, whether
your really successful, or your really great,
political leaders, your Senators and gov
ernors and your possible Presidents, don't
get on and stamp themselves as great. or.
at least, OF actual Importance, by standing
in with the machine. That is the regular
and quick and effective way, almost al
ways.
Perhaps Mr.. Black, Governor OF New
York, VIII be President some day.
The morning times., 1897-02-03
Much of the Spring
Merchandise

is ready. The counters
and shelves are laden with
rich beauty and newress.
Each day unfo1ds some new
form of prettiness.
The morning times., 1897-02-03

citizen who patriotically aided in the
preservation of the national honor
The Detroit Tribune understands that
Senator Hill VIII he able after the 4th
of March to devote his entire time TO te-
ing a Democrat.
If Mr. Mckinley is still doubtful about
his Postmaster General there is The Times
candidate, Hon. James Schoolcraft Sher-
man. No pent-up Utica contracts his
powers; not much!
Black has appointed Payn; and already
the New York World is intending to throw
Black out OF office pretty soon.
1t may be unpleasant for Benjamin Harri-
son to read that L yman j. Gage voted for
Cleveland in '92; but, then. Benjamin Har-
rson isn't in the new Mckinley swim.
MT Moody has very generously decided
to continue his revival services in Boston
through the month OF February.
We should not desire to be impertinent; !;
but has DR.. Depew provided his candidacy
for the English mission with block signals?
A cableGram from London says that
'Sims Reeves, who recently married a
young wife, has been declared a bank
rupt" Does such an effect often follow
such cause?
Senator Stewart is not devoting so much
attention as formerly to the criminals Of
'73.
Edward W. Box is writing lovely slum-
ber songs.
We guess the Senate doesn't know that
Frederick r. Coudert favors the arbitra-
ton treaty.
II is now reported that Mr.. Mckinley
refused a Cabinet place to Capt. Boutelle
at the especial instance of Speaker Reed.
Well, well!
For "a practical air-ship" we would
suggest that Hon. Bourke Cochran repair
his pneumatic tire and go ahead.
Congressman Case Broderick objects that
replying to applications for office takes
up most OF his time: but isn't that what
the Hon. Case Broderick is there for?
Hon. Tom Platt considers that he has
a governor who is fast Black.
A breach of promise compelled Taeui-
ber of the British Parliament to resign. If
breaches of promise compelled American
Congressman to resign Speaker Reed would
have to count chairs, overcoats and hats
TO get a quorum.
Gov Tanner, of Illinois, has fifteen
offices to dispose of and thirty-five appli-
have to consult Mrs. Tanner in this emer-
gency.
The London Times calls for information
of James G. Blair, who, on a voyage from
Leith to London, fell overheard" (This
is good thing, and We push it alongl
''Under the Polar STAR" very inappro-
priately, as it seems to us. has secured the
Endorsement as to its fidelity of scenery
from Lieut.. Peary.
Cheese is strong, say the market re-
ports. But is 1t lively? And if 50, is
II lively CROUCH to row boat races?
There is JOY in one Payn.
Fifteenth ousand cattle and two thousand
hogs are fattcning on farm at AtcinsOn,
Mo; which is credible as to the hogs
1t appears that Hon Frederick o. Prince
OF Rnstnn is tn be a iIdgn of som ching.
The advocate., 1897-07-21

0nentiY and is subject 90 the plaintiffs lien
under his mortgage aud I'm which che defend.
ant DoIlOh 10 served by publication only and
makes deGsult and q judgment 10 th0rein pm
tered barring such claim, the judgment does
not bSP o claim Of DOllOh, amounting 20 Sn
adVeFge and paramount title 10 such land &C
quiRod long before the making OF the mort
g9g0.
u A Judgment in an action TO recover spo-
cihc real property operates % On estOppel or
Fes }udicdlG 40 TO all defendants in the cause
served with process Of che court therein, and
aS 10 oil parties claiming under them who &C.
quiPed Gh0lF interest subsequently TO the
bringing OF such suit.
A true copy. o,,n,o,,
Attest: w. II. THOMPbON,
TgRAL1 Clerk.
The advocate., 1897-07-21

tio0 Of tho Peace 20 the District Court, and
eAen falls % give it any further attention, and
the case 10 decided against him In his ab-
gence, ana without his knowledge, and he
nl0s his motion for q new trial more than
three days after said trial and Judgment
thereon, he Ia not entitled % a matter Of
right 10 have said motion allowed.
3 Although the District Court, in Che exeT-
else Of that sound discretion which the law
ascribes 90 tty may grant a new trial in such
cases, yet IL iS not as matter OF law bound 10
do so, and should not, except upon q showing
that the party asking IL had used reasonable
diligence In che prosecution Of his appeal.
A true copy.
Attest: W.. THOMPSON,
lsEAL Clerk
The advocate., 1897-07-21

The Cincinnati Weekly Enquirer is
che best silver weekly in the country, It
Ia Democratic, but thoroughly committea
10 Bryan and silver. It win be cent cna
year With the ApvOCATE Cox 8l,A0,
The advocate., 1897-07-21
SYLLABUS.
BY THE COURT.

Kansas Court Of Appeals, Northern Depart
ment, Eastern Division.
No. 294.
The Mccormick Harvesting Machine Com.
pRny, plaintiff In error,
VS.,
Perry Hayes, defendant In error.
Error from Atchison County District Court.
REVERSED.
SYLLABUS. BY THE COURT. MCELROY, ].
1. Relief on the Ground Of FFaud-Statute Of
s.-SnbdiVision,S section Is, code
OF civil procedure, among other things says !:
"An action for relief en- the ground OF fraud
can only be brought within two years after
the cause OF action shall have accrued, and
1.-THE cause Of action In such case shall not be
deemed to have accrued until after the dis.
coveTy OF the fraud" In the case at bar tho
cause OF action accrued Gt the time the plain
tiff Hayes discovered the fraud. He dlsCOv-
cred the fraud July IA, 1890, and demanded
relief therefrom August n, 1892, which was
more than two years after he discovered the
fraud His action for relief was therefore
barred by the statute Of limitations.
A true copy.
Attest: VIII. THOMPSON,
[sEALl Clerk.
The advocate., 1897-07-21

Kansas Court Of Appeals, Northern Depart
ment, Eastern Division.
No. 2iS.
The Pr0yfdsnt Loan Trust Company, plain.
till In error,
VS..
+. ], Marks, defendant in error.
Error from Morris County District Court.
AFFIRMED.
SYLLABUS BY THE COURT. MAHAN, P. J.
r. lin An action To fOrGnloEa 8 mortgage In
WhtGh She p0tigl0n Alleges thRt ONE Nera g.
DcsiQN has OK esaiiMg 90 hRYe nome tnbesegl la
ng lt9A pRNn eglf prRMle leaaI Rhleh lien Qf iRe
The advocate., 1897-07-21

Kansas Court OF AppaAlG, Northern Depart
ment, Eastern Division.
No. 2l7
Eliza M. Campdoras, plaintiff In error,
VS..
4. B. Brooks, OF a.. defendants in error.
Error from Shawnee County District Court.
DISMISSED.
SYLLABUS. BY THE CoURT. McELRoY, J.
The principal debtors, Lucy H. Hopkins and
George w. Hopkins, are not made parties to
che petition In error; they have not been
served with summons and do not appear In
this ecaFt. They are necessary parties A
long line Of decisions OF this court and Of the
Supreme Court established the law 20 be that
aM paFties 20 Q judgment who may be prejudl.
Cially affected by reversal or modification
thereof, muSt be made parties 20 che proceed
1ngD In error and brought into court before
thie court can obtain Jurisdiction TO review
She case.
"A true copy.
Attest: w. H. THOMPSON,
[sEALl Clerk
The advocate., 1897-07-21

q A judgment in an action TO recover spo-
/ eiAc real property operates 90 An estOppel or
YES jutdicdEd 40 to all defendants In the cause
served with process Of the court therein, ana
as 10 OIL parties claiming under them who &C.
quiFed fhelF interest subsequently TO the
bringing OF such suit.
Attest: wy" VIII. THOMPSON,
IsSGLi Clerk.
Kansas Court Of Appeals, Northern Depart
m9nt, Eastern Division.
No. 49,
R. T. Davis Mill Company, plaintiff In error,
VS..
@. w. Bangs and w. X. Bangs, partners doing
business % @. W. Bangs & Sen, The Consoli'
dated Electric Light q Power Company, Ell
mire Banbury, OF al, defendants In error.
Error from tho Court Of Common Pleas Of
WyRndotts County.
AFFIRMED.
SYLLABUS. BY THE CoURT. WELLS, J.
/. A. gave chattel mortgage to B. to secure
an indebtedness upon 3 stock OF goods OF
value LARGELY In excess Of the amount OF the
debt, and B. takes possession OF the same
upon failure TO perform che obligations OF
the mortgage on tho part OF A. G., another
creditor OF A., brings an action OF geFnish..
ment on his claim and serves garnishment
summons upon B. while In the possession OF
said goods. D., still another creditor, brings
an action OF attachment under which the
Sheriff takes the gOodg Held, that the lien OF
the garnishment is prior and superior to that
Of the later attachment.
2. A gSrnishment attaches o lien on the
property OF the debtor In the hands OF the
garnishee from che time OF the service OF the
same.
8. An attachment creates lien on the prop.
erty attached from the time OF the service OF
the order Of attachment.
A true copy.
Attest: W. II. THOMPSON,
[sE4Ll Clerk.
Kansas Court Of Appeals, Northern Depart.
mont, Eastern Division.
No. 291.
NJ. H. Roller, plaintiff In error,
YB.
L. M. James, defendant In error.
Error from Jackson County District Court.
AFFIRMED.
SYLLABUS. By THE Court. M0ELROY, J.
1. A general verdict by q jury upon conflict.
Ing evidence, approved by the trial court, will
not be disturbed by this court. This court
cannot review evidence except 10 ascertain
whether there is evidence 20 sustain the YER
dict.
q II is mot reversihls error for . witness 10
give testimony In the presence OF the jury
upon Rn application for continuance where
NO objection 10 offered, ne motion made to
strike out, and the court 1s not asked to In
struct che jury TO disregard the same.
WhaRa a vlalwAAR In an aAktOu tahan
mony by deposition and much Of such test.
mony is heaTsay and incompetent and the
defendant offers and reads such deposition to
che jury, h0 cannot be heard to complain Of
the testimony which he himself ofioEs.
4. Section G76, subdivision G, provides that II
party desires a jury TO be specially In
struCted, such instructions must be prepared
and submitted TO the court.
A true copy.
Attest: W.H. THOMPSON,
[sRALl Clerk.
The advocate., 1897-07-21

No. 2l5
Avery Planter Company, plaintiff in error,
Vg.
DOhnis Murphy and M. Murphy, partners do
Ing business under the firm name and style
OF Dennis Murphy & Son, defendants In
error
Error from the District Court Of AtChIson
County.
REVERSED.
sYLLABUa BY THE COURT. WELLS, J..
l. Where one OF the principal Issues in the
case Is whether the plaintlh made the sale In
question upon the representations OF the buyer
certified BY the agent, or upon the result OF
personal Investigation made by the travelling
agent who closed up the sale, said travelling
agent when upon the witness stand for
che plaintiff should have been al
lowed 20 answer the following ques-
tion, "In making that settlement with
Mr.. Mccarthy (the purch9ser) will you please
state whether or not you relied on the prop.
eFty statement contained In the order and
sent In blythe Murphys" over an objection by
che defendant, "thAt IL Is incompetent, tFrele-
want aud immAteTial, the witness shown TO be
only . travelling man for the company, the
plaintiff, and 10 makes no difference whether
ne relied or did not rely upon IL, not binding
upon these defendants, nor within the Issues
OF this case"
2. Where an engine was delivered to the pnr.
chaser July /, 1890, Tetaken by the vendor
upon q ChGttel mortgage for part II the pur'
chase price November !, 1890, question as to
It's market value on September 20, 1890 was
incompetent and irrelevant and objection
thereto should have been sustained.
B. Where the defendant agreed to verify
from the record and guarantee to be correct
che property statement Of the purchaser, and
ceTtlhes on the statement % Follows; I'VE
learn from personal examination Of the rec.
ord the etRtements made herein are relia-
ble," and signs the same as agents, said agents
were bound 10 make D personal examination
OF the record, and II they fail to do 80, they
cannot plead ignorance Of what the record
contains.
A true copy.
Attest: w. II. THOMPSON,
EsEALl Clerk.
The advocate., 1897-07-21

Kansas Court Of Appeals, Northern Depart
ment, Eastern Division.
No. 286.
s. E. MSCkey and ]. T. Nichols, plaintiffs in
error,
vs..
]. L. Pettiiohn and George W. Pettijohn, part ..
n0ES In firm name Of J. L. PettijOhn & Co.,
defendants In error.
Error from District Court Johnson County.
REVERSED.
SYLLABUS. BY THE COURT. MAHAN, P. J.
1. A chsttel mortgage made in Missouri bya
person dom1Ciled there to Q citizen Of this
State upon property situated In this State is
governed by the law OF Kansas and not by the
law OF Missouri % the place Of the contract.
2. The laws OF another State will not be
given force in this State in such case ss a
matter OF comfy where it would be in effect
20 0verbuHn the policy Of this State with re-
spect TO such cases or be in violation Of our
express statute.
A true copy.
Attest: VIII. THOMPSON,
[sRAL Clerk.
The advocate., 1897-07-21
Appellate Court SyIlabi.
tContiuasd from page 0.)

part OF the contract and alleging verbal war
ranty and breach thereof, statos defense
good against On attack BY demurrer for Want
Of facts
q II 10 not error TO permit the defendant
under such en- issue 10 ofeF evidence OK the
verbal warranty, evidence having hFst been
given tending 10 show that the printed war"
ranty was not part Of th0 original contract.
g. Under an answer by three deIendAnts
Jointly claiming damages by rehson OK bre9ch
Of warranty damages sccTning 20 deiendsnG
individually and In which the other defend
ants have no joint interest cannot DO recoV'
cred.
I. An afadsvit for continuance cannot be
read 60 evidence In @ case unlesg under con-
ditlOn 70 admit Il 90 the deposition OF ghe AD'
sent witness, upon the refusal Of such Appii-
cation.
s. Tt Is competent for che defendants In such
cases 20 show that other machines Of the same
kind, made by the plaintih and handled BY
competent parties In the same Vicinity 9nd
und0F similar circumstances, failed TO do she
work for which said machines were designed
and for which the defendants purchased the
same.
A tFue copy. ,,
Attest: w. II. THOMP5ONl
(gRAII Clerk.
The advocate., 1897-07-21
Kansas Court OF Appeals, Northern Depart.
ment Eastern Division.

Kansas Court Of Appeals, Northern Depart.
ment, Eastern Division.
No. 22S.
Maggie Rasdell and John RAsdell, plaintlfiS
In error,
vs..
H. Z. shumW&y, defendant in error.
Error from the District Court OF Atchispn
County.
AFFIRMED.
SYLLABUS. BY THE COURT. WELLS, ].
1. Whore by mistake the line fence between
two lots 10 put about four feet over the line on
one lot and the lots are thereafter occupied
up 20 said fence by the respective parties, che
statute Of Limitation will not begin 10 run to
bar recovery Of said strip until the Occu-
pant makes some claim Of ownership thereto
beyond the naked possession, Snd NOTICE OK
said claim 10 brought TO the knowledge Of the
owner Of the legal title thereto.
A true copy.
Attest: w. II. THOMPSON,
[sEALl Clerk.
The advocate., 1897-07-21

Kansas Court Of Appeals, Northern Depart
mont, Eastern Division.
The advocate., 1897-07-21
Kansas Court Of Appeals, Northern Depart
m0nt, Eastern Division.

Kansas Court Of Appeals, Northern Depart
m0nt, Eastern Division.
No. 922.
HE. Bali, plaintiff In error,
David Blggsm and John s. DooIiGSle, partners
90 BiggAm & D0Ollttle, defendants In error.
Error from the District Court OF Shawnee
County.
AFFIRMED.
SYLLABUS. BY TEE COUnE. MAEAN, P. J.
4. IN AN action upon Q contrast brought be.
fore Justice OF the Peace In which tho plain.
MR rec0VeEs judgment, an appeal is taken 10
the District Court whore the plaintiff again
FecoveHa judgment, and q proceeding In error
80 prosecuted 20 she Supreme Court, and the
judgment 10 reversed upon the ground that
neither the JuAtice OF the Peace nor the Dis.
reason OF che fact that the amount OF the
claim exceeded the Jurisdiction OF tha JUS
tic0, the plaintiffs claim is saved from the
bar OF the statute OF limitation under the pro-
Vision OF section 70 OF the code, II new action
is brought thereon within one year from the
dismissal Of the hrst action.
3. AN 1aau0 In such cGge that the cause OF &C.
60n sued upon In she second suie rs NOT che
same cause Of action sued upon In che hFgt
suit, Is An issue OF fact 30 be submitted TO the
jury; and, also, an issue OF fact made by che
pI0Adi1gs In such second en1t whether che
frat suit had bGOn dismissed prior 70 the in
shatutioR OF the hTBe suit, iS also an issue Of
fact 30 be submitted 30 she jury under proper
Instructions BY the couEt.
Atssae: n ", II, THOMPSON,
EsRAEl plefk
The advocate., 1897-07-21
Kansas Court Of Appeals, Northern Depart
ment, Eastern Division.
No. 296.

NO. 220.
w. H. TarT, plaintiff In error,
VS..
William Friend, B. o. Simpson, Mary E.
SIMPSON, Annie e. Wigglns, Mamie d. BEN
ton, H. d. Benton and Fred G. NuzmSn, de.
PENDANTS In error
Error from the District Court OF Jackson
County.
REVERSED.
SYLLABUS. BY THE COURT. MAHAN, P. j.
/. A personal judgment Of the District Court
against married woman upon note and
mortgage and judgment therein forsclOsing
said mortgage and directing sale thereof
operates 90 q lien upon the other real estate
owned by such married woman to the same
extent and effect as would like judgment
against married man.
q. The specific appropriation of one or more
tracts Of real estate by way If mortgage by 9
married woman TO secure her personal Obliga-
tiOn does not operate to exclude her Other
real estate from the lien Of a personal ludg
ment against her for such obligation.
A true copy.
Attest: w. II. THOMPSON,
[sEALl Clerk.
The advocate., 1897-07-21

Kansas Court OF AppaAls, Northern Depart
ment, Eastern Division.
The advocate., 1897-07-21
Kansas Court of Appeals, Northern Depart
ment, Eastern Division.

menG, Eastern DIVISION.
No. 287.
william A. Cade, plaintiff in error,
Va.
w. A. JefeTs, ]. O. Lysle, IdSlia Wood, John
L. PsndeTy and Rubie Pendery, defendants
In error.
Error from the District Court OF Leavenworth
County.
AFFIRMED.
SYLLABUS. By THE COURT. WELLS, ].
/. Where real estate Is sold under fore
closure proceeding the purchaser Is entitled
TO have the land redeemed from outstanding
tsx sale certificates, under paragraph G0O2,
general statutes 1889.
A true copy.
Attest: W. H. THOMPSON,
LsRAL Clerk.