davidaulloa/AmericanStories huggingface dataset:
The Advocate and news., 1897-12-29

| Kansas Court OF Appeals, Northern De-
partment Eastern Division.
No. 81.
Henry w. King ct al, plaintiffs in error,
vs.
W. b, Gleason, ct AL, defendants in error
Error from the District Court Of Jackson
County
REVERSED.
Syllabus Wells, ].
Where parties plaintiff In their frat pc
tition set up that through a conspiracy
formed for that purpose by the defend
ants, a part of said defendants fraudu-
ently procured certain goods Of said plain
| tin and then attempted to defeat re-
their property to the other defendants,
and the relief prayed for was Judgment
against the parties who purchased the
goods and that said Judgment be satisfied
by a sale Of the, property 80 fraudulently
in the hands of the other consplrators,
and said plaintiffs afterwards amended
their petition by setting up substantially
the same state OF facts but praying judg-
ment against all Of said conspirators for
damages caused by said fraudulent acts,
It was error for the court to refuse to per-
NIT said plaintiffs TO introduce any evil
dence under said amended petition.
Filed December lS, 1897
A true copy
Attest W. H, THOMPSON
ISeall Clerk
State of Kansas, ss
!, w. H. Thompson, Clerk of the Kansas
Court Of Appeals, In and for the Northern
Department Eastern Division, do hereby
certify the above and foregoing to be a
true, full and complete copy of the syllabi
In the therein entitled cases as the same
remain of record In my office
Witness my hand and the seal of said
court, affixed at my office In the city OF
Topeka, Kas, this 2Sd day OF December,
Iseal.l w. II. THOMPSON.
Clerk Of the Kansas Court Of Appeals,
Northern Department Eastern Division.
In the Kansas Court of Appeals Southern
Department, Western Division.
No. 1853.
The Ord National Bank, plaintiff in error,
T. ]. Massey, Special Constable, defendant
Error from Wichita County.
MODIFIED
Syllabus. BY the Court. Milton, J.
/. Where an instruction was unques-
tiOnably correct, and In Obeying Ii the jury
were bound to return, and did return, q
verdict in plaintiffs favor as to one of
two sepaTable parts of the matter In con-
troVersy, 1t was reversible error for the
trial court to set aside the verdict as
whole, on account Of the refusal OF the
plaintiff to remit that. part of the verdict
not affected by such instruction.
2. Where an issue OF fraud and colluslon
between the execution debtor and the ex-
ecution creditor was not raised by the
pleadings but was submitted to the jury
by the court in It's instructions, the APP
pellate court. will presume In support OF
the action of the trial court In requiring
plaintiff to remit the portion Of the verdict
which was based upon such instructions,
that the courts action resulted from It's
recognition Of the error in such instruc-
tions,
All the Judges concurring.
Opinion filed December 16, 1897.
A true copy. -
Attest. u. j. WESTGATE,
TSeal.1 Clerk.
by G. L. Garrigues, Deputy Clerk.
Kansas Court Of Appeals, Southern De-
partment Western Division.
The Advocate and news., 1897-12-29

HE ADNOCAI
PENDANTS, and an appeal bond was duly
tiled and approved, d,purporting 10 be in
favor OF all Of said defendants, and there
upon said action was transferred TO the
District court and there disposed of as on
appeal, the surety on said bond cannot
avoid his liability thereon by showing that
the party who caused II TO be filed, only
intended to appeal for himself.
Filed December 1s, 1897
A true copy.
Attest w. III. THOMPSON,
[seall Clerk.
Kansas Court of Appeals Northern De-
partment, Eastern Division.
No. S1S
L. E. Throne and Max Frank. partners
as Throne s. Frank, plaintiffs In error
VS..
The First National Bank of Horton, Kan
sas, defendant in error
Error from the Brown County District
Court.
AFFIRMED.
Syllabus. McElroy, j.
l. The erroneous exclusion of testimony
Is cured by its subsequent admission.
2. The admission OF heaFsay testimony
over objection Is erroneous, but where
the party complaining himself repeatedly
offers like evidence without objection, con-
cerning the same matter, and all OF the
hearsay testimony tends to establish the
same facts, which are undisputed, the err
ror is not sufficient to compel reversal
of the Judgment.
g. Instructions refused and given exam
ined: Held, that so far as the instruc-
tions refused were applicable to the is
sues and evidence, they were included in
the general charge given by the court to
the jury. The instructions as given fairly
presented to the jury the issues, and the
court committed no error prejudcial to
the plaintiff in refusing or giving Of In
StructtOnS.
Filed December 49, 1897.
Attest: W. H. THOMPSON,
LSeal.l Clerk.
Kansas Court of Appeals, Northern De-
partment, Eastern Division
No. 527,
A. c. Gibson, and Charles Il, Bruce,
County Clerk of Wyandotte County, Kan
sas, plaintiffs In error
r.. B. Greene, defendant in error.
Error from the District Court Of Wyan-
dotte County.
AFFIRMED.
Syllabus. Wells, J.
l. A., the holder of a third mortgage,
buys a tax sale certificate on the mort
gagged property; afterwards the second
mortgage Is fOreclosed and A. becomes the
purchaser Of the property at Sherlns
sale, subject to the lien Of the first mort
gage, and goes into possession and enjoys
the rents, issues and profits thereof; af-
terward the first mortgage Is foreclosed,
and the title of A. under his Sheriff's deed
is destroyed: Held, that when A. became
the purchaser under the Sheriff's deed, he
acquired the legal title to the land and
1t was then his duty to redeem the same
from all outstanding tax liens, and those
held by him merged into his superior title.
2. Where an assignment appears to have
been made but the date thereof does not
appear this court will presume that the
evidence showed that the same was made
at the time necessary to sustain the 1udg-
ment of the court below
Mahan, p. j., dissenting
Filed December Is, 1897
A true copy.
Attest. w. III. THOMPSON,
[Seall Clerk.
Kansas Court of Appeals Northern De-
partment, Eastern Division.
No. 537.
State Insurance Company Of Des Moines,
Iowa, plaintiff in error,
VS..
Addie Duncan, defendant in error
On motion to dismiss.
DISMISSED.
Per Curiam.
The Advocate and news., 1897-12-29
No. SO5.


No. 3O5.
Charles Sax, plaintiff in error,
VS..
John NJ Wilkerson, defendant in error
Error from Shawnee County District Court.
AFFIRMED.
Syllabus. Mahan, p J..
l. In an action of replevin by mort
gagee to recover possession OF personal
property In which the validity of the mort
gage Is assailed as having been made to
hinder delay and defraud creditors with
knowledge therof upon the part of the
mortgage, 1t is competent to introduce
evidence in the first instance to show the
fraudulent intent Of the mortgagor
@ In such case it is competent, for the
purpose OF showing knowledge, upon the
part OF the mortgage, to introduce evil
dence to show the business relations eX
listing between the mOrtgagor and mort
gagee prior to and at the time the mort
gage was made
s. In order to make the records of the
Register Of Deeds Office competent evil
dence, 1t is only necessary to show that the
party Offering such records has not had
the possession or control of the originals.
Filed December 21, 1897.
A true copy.
Attest: w. II. THOMPSON,
[Seal.1 Clerk.
Kansas Court Of Appeals. Northern De-
partment, Eastern Division
No. 311
c. E. Moore, e. c. Kinley and It. F. Lam
nan, partners as Kinley g. Lannan, plain
tiffS in error,
VS..
d. A. Mulvane, defendant in error.
Error from the District Court of Shawnee
County.
REVERSED.
Syllabus. Wells, ].
Where a Judgment was rendered by
Justice Of the, Peace, against several de-
The Advocate and news., 1897-12-29

Kansas Court Of Appeals, Northern De-
partment' Eastern Division.
No. 2a6.
Benjamin Frledberg, plaintiht in error,
J. X. Cubbison, defendant In error.
Error from wyandotte County District
Court.
AFFIRMED.
Syllabus. McElroy, ].
1. Where a petition in error is filed in
the District court to reverse judgment
OF Justice Of the Peace for errors OF
law occurring at the trial. and no notice Of
the fling, or time OF hearing, the motion,
which was filed after the day of the for
nler trial, Is incorporated in a bill OF ex-
ceptions,, such errors cannot be eonsld,
cred, and the trial court properly affirmed
the Judgment.
Filed December Is, 1897.
Attest w. H. THOMPSON,
lSeaLl Clerk.
Kansas Court Of Appeals, Northern De-
partYnent, Eastern Division.
No. 297.
Alice G. King, plaintiff in error,
VS.
Frank Bailey, defendant in error
Error from Shawnee County District Court.
AFFIRMED.
Syllabus. Mahan, p. ].
Defendant in a case in Justices court
appeals from the Judgment Of the Justice
to the District court. In the District court
the case was dismissed because of the
plaintiffs failure to appear on a day set
for trial. This order Of dismissal was
subsequently set aside and the case tried,
resulting In a Judgment for the plaintiff;
Held, that the judgment of dismissal did
not discharge the surety upon the appeal
bond
Filed December IS, 1897.
4 A,tds1. true copy w IT TuoMpsoN
ISeaLl Clerk
Kansas Court of Appeals, Northern De-
partment, Eastern Division.
No. 3O1
Ellen Cannon and Cornelius Cannon, plain
tiffs in error,
VS..
Lucy e. Birney, defendant in error.
Error from the District Court of Leaven-
worth County
REVERSED.
Syllabus. McElroy, ].
/. Where upon a motion to set aside
summons and service, evidence is offered
and judgment rendered that such summons
be and the same is hereby quashed and
set aside and declared null and void at
the costs of the plaintiff, and no objection
or exception is made to the judgment:
Held, that a motion for a rehearing thereof
filed seven days after the adjournment of
the term of the court does not give the
court jurisdiction to review such order and
judgment.
Filed December IS, 1897
A true copy.
Attest: w. II. THOMPSON,
LSeal1 Clerk.
Kansas Court Of Appeals, Northern De-
partment Eastern Division.
No. 3O5.
Charles Sax, plaintiff in error
VS..
John M. Wilkerson, defendant in error.
The Advocate and news., 1897-12-29

PENDANTS, and an appeal bond was duly
tiled and approved ,purporting 10 be In
favor OF all Of said defendants, and there
upon said action was transferred to the
District court and there disposed Of as on
appeal, the surety on said bond cannot
avoid his liability thereon by showing that
the party who caused II to be fled only
intended to appeal for himself,
The Advocate and news., 1897-12-29
Per Curiam.

The motion to dismiss in this case must
be allowed. 1t is well established by deci-
sions OF the Supreme court that error must
be affirmatively shown. That to review the
proceedings of the District court upon the
trial of the case, motion for new
trial is a necessary prerequisite. That a
party by failing TO comply with the statute
in filing his motion within the time pro-
Vided thereby, valves all errors occurring
at the trial. That where the record fails
to disclose affirmatively that the motion
for q new trial was filed in time, the
reviewing court will assume that 1t was
denied because not filed within time.
This case comes within this line. Of de-
cisions. The assignments Of error are
based upon the action Of the court In
the progress of the trial. 1t does not at
flrmatiyely appear that the motion was
fled in time And following the line Of de-
cisions alluded to, we must hold that the
District court denied the motion for o
new trial for that reason, and that we
are powerless to review the matters as
signed for error.
The case Is dismissed.
Filed December 1S, 1897.
A true copy.
Attest: w. iii. THOMPSON,
LEeal.l Clerk.
The Advocate and news., 1897-12-29

"A true copy.
Attest: w III. THOMPSON,
[Seal.l Clerk.
The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1897-10-29

New York, October 21.-FOllOWing q
long caucus of republican district lead
ers today. President Quigg. Of the re-
publican committee, gave out the fol-
lowing statement:
1.-The republican organization has care
fully canvaSsed the vote in every cleo
ton district of every borough in
the new city. Several assembly districts
have been canvassed twice and some
have been ~canvassed three times. Each
Tracey's strength is growing and that
Lows support, which has never been
large, becomes smaller every lay. There
are only two assembly districts in New
York city, in which Mr.. Low will have
any substantial republican support. The
net effect of Mr.. Lows candidacy will
be to increase the majorities of the re-
publican party over Van Wyck. Lows
vote will be smaller than Van Wyck's in
each district. We shall carry New York
for Tracey by just about the plurality
over Van Wyck, which vas obtained by
Governor Black last year over Porter.
I'm Brooklyn the situation is similar to
that in New York, but the proportions of
democrats to republicans in Lows fol-
lowing will naturally be smaller than it
is here. There the proportion will be
about half and half, the plurality for
Tracey over Van Wyck will be greater in
Brooklyn than in New York, and is like
ly to reach 10000.
Lows vote will leave the two great
I"AS IN 'o ~ N~NAA II, III
just about their normal conditions, but
Georges vote will so reduce Van Wyck's
as to give us for Tracey a first rate
plurality. On the conditions as they
exist today Low might have in Brooklyn
as many as 10000, or, to be liberal, 81, 1000
votes: but his republican support is
rapidly falling away from him. There
are thousands of republicans who nave
been misled by The New York Tribune
and The New York Mail and Express
into the idea that Low has some chance
of election: They are finding oat now
that this idea is preposterous, and that
it is being circulated by these newspa-
pers maliciously and dishonesty. This
fact is getting abroad throughout the
wards in Brooklyn, where the Low boom
has been inflated with the natural result
that the gas is going out of the boom
and the boom is collapsing."
General Daniel E. Sickles, today an
ncunced that he would vote and work
for General Tracey and the whole repub-
lican ticket.
The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1897-10-29
STATE PRESS.

DR.. Cyrus Thompson makes a warm
attack on DIR. Kilgo's position on the
educational question. He points out
that DIR. Kilgo's position against state
aid to higher education. on the ground
that Christianity should be taught, ap-
plies with equal force against the pri-
mary public schools, while DR.. Kilgo
introduced a resolution at the NJ. f.
conference in kinston in favor OF eight
months public schools.-Kinston Free
Press.
To fully illustrate the injustice OF
h equalization board, If they take ad-
vantage OF the law, which they have
we give the following example: A gave
in his horse at $50, all it was worth,
while y gave in at S40-$l0 less than IL
was worth. A raise of 10 per cent will
put AS horse SIS and BIS at s4 for
taxation. Now A must pay an unjust
tax on s. more than he ought to pay to
get B to pay 81, when he should have
paid on $40. Unjust, ineffably unjust
Murphy Scout. d,
mother Ashevila bank has failed.
leaving only n bank remaining I'm the
city, the Battery Park. This IL the
third recent bank failure there, one
following fast on the heels OF the other.
And yet, after the president and d.
iCttolS vi the HTSt Dank tnatfa1Ied
practically confessed that they had
robbed the bank, they asked for a
suspension of Judgment" The rob-
berry of banks and other financial in
situations by their officers is worse than
common thieving because it's effects are
so Wild spread and disastrous and II
affects the whole community. There ia
not only the loss OF property but the
destruction of public confidence.-Char-
lOtte News.
Some weeks ago the Observer sug-
gested that it would be policy for the
party in this state to re-affirm the
Chicago platform and nominate for
all the offices men who stand on it. The
minority element, Ii was said. and is
repeated, would make no objection to
them on this account 1t Is realized
that h majority could not, IL 1t want
ed to, depart thus early from the Chi
cago declaration, and there Is perhaps
not a person in the state who expects
it to. But 1t was insisted that every
thing oul not be staked on national
issues-the unwisdom Of that having
been pproved last year-but that the
NEUTRALITY-SUSPICIOUS. Of the state affairs
should be exhibited to the people in all
its hideousness.-Charlotte Observer.
The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1897-10-29
The Waldorf of the Slums

New York, October 27.-The New Mills
hotel. which has been designated the
waldorf of the Slums,' located on
Blocker street, this city, was opened this
afternoon, Bishop Henry c.. Potter, ex-
Mayor Hewitt and Mr.. Mills taking part
in the ceremonies. The hotel. which is a
nine story fire proof brick build
ing, trimmed with light sandstone.
is provided with baths, elevators,
electric lights and steam heating
apparatus. The main corridor. which
is as elegant as any of the ex-
pensiye hotels up town, has a marble
tiled floor. The rates will be 90 cents per
night, including bath. The hotel is built
on the site of Depau row, once owned by
the late A. T. Stewart, and it was there
that Charles Dickens. the novelist. was
entertained by the millionaire merchant.
ID. O. Mills, owner of the hotel, says it
viii make money and is not a charity.
He Is building1 another on the crowded
east side.
The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1897-10-29
Cotton Futures
Especial to The Messenger.)

(Spec1aI to The
New York, October 27.Colder wealth
er in the south and fears Of frost
caused a sharp advance in the Liver
pool cotton market this morning. The
rise there amounted to 2h-64d and was
unexpected by the traders here. Our
market opened firm with prices rang
ing from 5 to s points higher. At the
advance sellers We're plentiful. When
the official weather map which showed
no frost anywhere in the south was
posted prices both here and in Liver
pool gave way. New Orleans however
bought heavily and these orders to-
gether with the coverings of shorts
caused a recovery to about the opening
price. January opened al COL, declined
to 500, advanced to 6.O2 and closed at
6 to Col with the tone of the market
steady. Receipts today were heavy,
but the south was not offering freely.
The Weather bureau predicts frost in
northern Texas tonight, and this helped
to strengthen the market in the after
o RIORDAN & co.
(By Associated Press.)
New York, October 27.-The cotton
market opened firm, with prices 5 to s
points higher in sympathy with favor
able cables from Liverpool. Indica-
lions of a small port movement also
tended to strengthen bullish sentiment
and for a time h market showed q
very steady under tone. Subsequently
English advices, however, proved very
disappointing and in the liquidation of
early purchases which followed, prices
broke 4 to 5 points. Renewed buying
by commission houses and by South
ern representatives again steadied the
market and at II o'clock prices We're 5
to Z points better han the final figures
Of yesterday.
The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1897-10-29
The Oovernment's C1aim Against the Pa
ciAc Railro nd

Washington. October z7.-Attorney
General McKenna today fully confirm
ed the statements heretofore made by
the Associated Press as to the recent
offer Of the reorganization committee
ard its acceptance by the government.
by which the full Of b gov
ment's claim against the main line OF
the Union Pacific road, principal and
intrest, Is guaranteed. This amount IL
something in excess of SIS. 000. 600 and
includes outstanding government bonds
issued in aid OF the road to the amount
Of $19, 076, 512. OF this sum l 5,919.5 12 be-
comes due on January 1st 1898, and
SO, 157 900 on January 1st 1899. Whether
or not the organization committtee's
original increased bid OF $50. 000, 600 holds
good to a proportionate share, as to the
Kansas Pacific road, IS an open quss-
ton. The master in chancery liked
this amount at approximately $1,000, 900
and the contention undoubtedly viii be
that the guarantee offer as to this
amount holds good. This question,
however, is regarded as OF little or
no consequence, as it is confidently ex-
pected hat at the Kansas Pacific
sale, which, no doubt, will take place
on December 18th, the reorganization
committee will bid up to the full
dIIlOULI VI Tie SoSCI uIifCAft . LII dAAA
the first mortgage bonds. Their inter-
est, 1t is said, would compel them to do
this. If by any chance, however. the
committees bid should fall short Of the
full amount of the governments claim
it is almost certain that the govern
ment itself, acting under h authority
conferred by the act of 1887 will be pre-
pared to bid in the property.
The next move Of the government to-
| ward a fnal settlement of h whole
bond aided railroad question, it is said,
will be the institution Of proceedings
against h Central Pacific road. The
government has contended that this
road is already in default, n there
fore subject to foreclosure, but in
event, 1T - said, the o must default
on the first Of mex January. On the
first Of the present month, the Central
, Pacific's debt to h government aggre-
gated SCI, 1924, 1853, of which amount $685.
; 939. 348 Is unpaid interest and h re-
mainder principal. In aid Of this road
! the government now has outstanding
$19, 81, 120 in bonds of which $1O.S14,1 2O
fall due on January 1st next, and 49,
/ 1877, 900 on January 1, 1899.
The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1897-10-29
PUBLIC oPrNIoN

All difficulty over the naming Of negro
s.ostmasters in the south would hAv
been avoided IL the administration had
everywhere. as in Beaufort. followed the
rule that should always be observed. OF
regarding the preferences OF the bulk OF
the people who patrcnixe the office
New York Evening Post
A monster glass trust. with a capital
OF Co.0p 90. was formed at camden. 81.
J.. the other day. IL has been only a
millions of capital. came fnto existence.
Meantime the other trusts are enjoying
prosperity. These Mckinley days are
great days for the massachusetts
Chronicle.
1t is clearly established In our national
history that the American people like to
sec their presidents exhibit the qualities
OF strong men. II does not follow from
this that our presidents OF more decided
individuality are always popular. but IL In
entirely plain that 10 president without
this attribute ever attained popularity.
The nation has not a strong president
now. The proof that this Ii sadly true
has come quickly. and Ii hasc ONE In de-
cisive demonstration such as we remem-
Der in few instances OF tie governments
THAI have preceded it-Boston Herald.
Think of 1t. fellow citizens. A Judge
In California actually went so far re-
lish In his paper the proceedings OF a
trial In progress before his court. Be-
ing a man who knew his rights. and
knowing. dared maintain he ignored
the arbitrary and despotic order. The
editor was then arrested for contempt
OF court" and. in the spirit OF tho
original order. the judge sent him tn
jail and fined him x~Cn-allowing the
editor no hearing whatever. What Is
called government by Injunction" can
be more properly called government by
contempt'-by contempt Of all constitu-
tons. laws. rights and liberties. II some
times happens. and We regret to say, too
frequently al late years. that some con-
temptible fellow tcalled a judgel. dressed
in a little brief authority. issues an order
which he has no right to issue to free
men. or n free press, In this free country,
and because IL Is manfully d~isrcgnrded,
or IL obeyed and he chooses to consider
Ii not treated with sufficient scrvility,
and ESTABLISHMENT. he arrests. tries and
condemns, without a jury. witness. or
hearing, and sends his victim to jail an
long as he pleases. with as heavy n fine
upon him as his Honor God save the
markD chooses to impose.-Norfolk
Pilot.