davidaulloa/AmericanStories huggingface dataset:
Griggs courier. (Cooperstown, Griggs Co., Dak. [N.D.]) 1885-1902, 1897-09-03

when he undertakes to fit up a build
ing or go into any business he does
his work thoroughly before he quits,
and the Newell House is no exception
to the rule-it is model hotel, thor
oughly finished and equipped. Mr..
johnson will be glad to welcome his
friends at the new hotel any time COM
mencing with next Monday, Sept. 9Th.
Griggs courier. (Cooperstown, Griggs Co., Dak. [N.D.]) 1885-1902, 1897-09-03
List of Advertised Letters.

The following is u list of letters re-
naming uncalled for at the Coopers-
town p. o. for the month OF August:
Messnar w A
Rutsche Thomas, 3
Erickson Louisa Miss
Nelson M
Sanders Mrs. Alillia
Everson August
Schetfler Henry
Schress Il L
Thimn Tobias
Anderson Erik
Gunthers John
Olson Mrs Gretha
Hogden p A
Olson Miss Tora
Olson Ulrick
Miller Miss Ella
Anderson Miss Ingeborg
Messner w a
Marshall w A
Haugen II o
Freer j NJ
Gladstone Billy
Gale Mrs L
Casick
Darsh VIM II
Daniels Mr..
In calling for letters from this list
1,lnaSa sov ndvartiso1
P. II. TRuBsHAw,
p. M.
Griggs courier. (Cooperstown, Griggs Co., Dak. [N.D.]) 1885-1902, 1897-09-03

Alaska. altogether making the
first complete presentation of the
subject that has yet been made
in any one periodical. The time
ly paper somewhat overshadows
a large amount of other matter
of more than usual interest in the
September Midland.
Griggs courier. (Cooperstown, Griggs Co., Dak. [N.D.]) 1885-1902, 1897-09-03

The Darlington Independent is
to have a new editor, Mr.. H. II.
Palmer, formerly Of New Rock
ford, taking charge next week.
We expect to see a little editorial
life innoculated into the Inde-
pendent hereafter.
Griggs courier. (Cooperstown, Griggs Co., Dak. [N.D.]) 1885-1902, 1897-09-03

Editor Price has sold his Har-
vey Herald to j. K. Mcleod, and
the first issue of the new manage.
ment reaches. the Courier desk
brim, full of live matter. Here's
hoping the Herald will be a sue
cess under the new management.
Griggs courier. (Cooperstown, Griggs Co., Dak. [N.D.]) 1885-1902, 1897-09-03

The National Roller Mill Com.
pany, at McKeesport, Pa, has
notified it's 5000 employees of an
advance of 10 per cent in wages,
to take effect September l.
Griggs courier. (Cooperstown, Griggs Co., Dak. [N.D.]) 1885-1902, 1897-09-03

If the people were asked to
vote on the capital removal to-
day Bismarck would cease to be
the capital city of this state. Put
the capitol on wheels and run it
down to Jamestown where it
ought to be now.
Griggs courier. (Cooperstown, Griggs Co., Dak. [N.D.]) 1885-1902, 1897-09-03
Briggs Courier,
PERCY r. TRUBsHAw,
EDITOR AND PuBLIsHEH
Prosperity has struck the
Grand Forks Plaindealer. It has
a libel suit on it's hands. No need
to go to the Klondike. Carruth.

The government has notissucd
any gold bonds for six months
now-and the gold reserve keeps
up. Too bad to thus disappoint
so many people.
Griggs courier. (Cooperstown, Griggs Co., Dak. [N.D.]) 1885-1902, 1897-09-03

John L. Sullivan is running as
an independent candidate for
mayor of Boston. Mass. It would
be a great joke on the Bostonites
if the genial John were to be
elected.
The advocate., 1897-04-14

and distinct as 10 each OF such persons, may
be sued upon separately by each OF the same
TO recover the amount due to him or the dam
ages sustained by him.
4. The interstate commerce act of Congress
does not prohibit tho issuance Of railway
passes upon a mOneyed or other valuable con-
slderati0n, but only prohibits free transpOrta-
ton.
5. A contract to Issue or procure the issuance
OF railway passes, annually through the life Of
the pr0mtgee, Is not an entire contract, but
diVisihle by yearly renewals, and the measure
Of damages for the breach of the same Is tho
value OF the transportation 10 such promiaee.
during the years the breach has occurred, and
may be sued upon for each successive breacn
All the Justices concurring.
A true copy.
Attest: @. J. BROWN,
[sEALl Clerk Supreme Court.
The advocate., 1897-04-14
alba.
Alexander Murray VS.. The Board of County
Commissioners Of Woodson County.
Error from Woodson County.
AFFIRMED.

SYLLABUS. BY THE COURT. DosTER, G. J..
/. Where the claimed defects In q county
bridge are described by witnesses who have
knowledge OF the same and che character and
extent OF such defects are comprehensive by
Che ordinary mind, the jury are the judges Of
the safety OF such bridge for travel, and Ii Is
not competent for witness even though an
expert 20 give In evidence his opinion as to
the safety OF such bridge.
2. In actions under che statute (chapter 297,
laws 1887, paragraph Tl34, general statutes 1882
90 recover for injuries occasioned by defeo.
tive bridge, notice Of the defect must be
brought homo 10 the chairman OF the county
board, and o presumption that Information OF
the same possessed by another member OF
anch board was communicated by him TO the
chairman will not be INDUCED.
o. An instruction asked by party should
not be 30 connected In context with other In
Saf1etionS 90 that ID cannot be separated there
from and given In the language In which
requested without revision by Ghe court, aud
without the repetition OF other matter which
the court has or might wish 70 instruct upon (;
and, where q party prepares a substantially
full yet OF Instructions covering the disputed
law 0f che case, and requests the giving OF the
same as a whole, and excerpts TO the courts re-
fnsal 10 give it as q whole, y claim OF error in
refusing TO give a pOstiOn Of the same will not
be eopnRiderad, where IL Is so connected and
dependent upon other portions as 10 be tnsep-
arabic theretTom as unit or single PROPOSE
tion.
Reas0nable or ordinary care and diligence In
1Me discovery and repair Of detects IN It's
hyiagas, and An instruction 20 the jury Imply
Tor that such bridges must be 20 kept ~ 20
xnnfd against unusual ard extraordinary dam
,at ~ pHnons travelling thsrecN, ~ esrone1ps
The advocate., 1897-04-14
SYLLABUS.

SYLLABUS, BY THE COURT. DosTER, C. ].
1. An action cannot be maintained upon
county warrant until such warrant has been
presented at the county treasury and payment
thereof has been refused.
2. During the period OF temporary oFganiza-
tion OF q county, from the appointment by the
Governor Of Commissioners, Clerk and
Sheriff as provisional officers, until the first
election for county officers and the canvass
and determination OF the result Of the same
the county Is entitled TO no other officers than
such provisional appointees, and the acts OF
all persons assuming to hold other county
offices are null and void, and for the perform
ance OF the same no compensation can law
fully DO paid.
8. Under section 1888, chapter %, paragraph
1891, general statutes of 1889, transcripts OF
records can be procured and paid for by q
newly organized county only where such
county has been attached TO another for mu-
nicipal purposes, and not then during the
temporary organization of such county, but
only by "the County Clerk chosen at the first
election, after having duly qualified accord
ing to law"
4. Chapter 1S9, laws of 1887, which by its
title purports TO attach Kearney to Finney
county, but which In the body OF the same at
taches it TO Hamilton county, is unconstitu-
tionAl because OF such contradiction between
the title and subject OF the act
3. A dc fdct0 municipal organization cannot
be said to exist, where the evidence OF It's non
existence de jWrG is patent upon the face Of
the law.
All the Justices concurring.
true copy
Attest; y ]. BROWN,
IsEALl Clerk Supreme Court.
The advocate., 1897-04-14

thereof, and who was served by publication
only, made on the 18th OF April, 1898, was In
ume notWi ihstanding an intermediate order
to the Sheriff directing him to sell the land,
and a sale thereof at tWo-thirds the appraised
value 20 stranger TO the suit, the sale not
having been confirmed at the time OF the cleo
tiOn.
All the Justices concurring.
true copy.
Attest: G. J. BROWN.
SEAL Clerk Supreme Court.
The advocate., 1897-04-14
SYLLABUS.

ANVlhMEUs
SYLLABUS. BYTHE COURT. DosTER, c. ].
J. An escrow Is an obligatory writing, deliv.
cred by the ObllgoT 10 q third person, TO be
held by him until the performance Of speci-
fed condition by the obligee, or the happening
OF certain contingency, upon the perform
ance OF which condition or the occurrence Of
which contingency 1t becomes Of full force
and effect
g. The d0positary OF an escrow is the agent
OF both the parties TO the same; the contract
OF deposit 10 not reVocable at the mere will Of
either OF such parties, nor Will the death Of
either OF them abrOgete the contract OF de-
posit.
3. A mortgage executed by husband and wife
on the lands OF the husband, and an accom-
panying note executed by the same persons,
delivered by them in pursuance TO an agree
ment with the mortgage and p6yee to third
person, TO be held by him until the transmis-
zion to him by the mortgage and payee of the
amount Of the loan In the form OF a draft TO
the order OF the wife, TO be then delivered by
him 20 such mortgaRee and payee, are escroWs,
and upon the performance by the mortgage
and payee Of the stipulated conditions on his
part the depositary is bound 20 deliver the
note and mortgage TO him, Notwithstanding
the intervening death OF the husband.
4. In the case stated the escrows take effect
by constructive delivery upon the perform
ance Of the stipulated conditions by the mort
gagee and payee and such delivery by fiction
OF law relates back to Che delivery made TO the
depOsitarY IN the lifetime Of the mOrtgagor
and payor, and is substituted to the same.
All she Justices concurring.
true copy.
Attest: G. J. BROWN,
SEAL Clerk Supreme Court.
The advocate., 1897-04-14
1885,
]. Q. Curry vs.. The Kansas & Colorado Pacific
Railway Company.
Error from Usage County.
REVERSED.
SYLLABUS.
=. ]. BROWN,
Clerk Supreme Court.
BY THE Court.

SYLLABUS BY THE COURT. DosTER, G. j..
l. When after the institution Of suit against
railway company its legal existence is ter
minated by consolidation with other like COM
pantes, and the action In consequence abates,
new petition IL filed against the consolidated
company as successor TO the liabilities OF the
others, which appears to be in commencement
OF new action and not In continuation Of the
old one, and q summons In the form OF origi-
nal process Is issued against and served upon
such consolidated company, and IL demurs TO
such petition and moves to strike the same
from the files, but delays objection to the lack
OF formal revivoT Of such first action, ana los
substitution thereto, until its answer 20 such
petition Is filed, IL will be deemed 70 have
waived the lack OF such revivOr and substitu-
uon, and be held as defendant 60 the suit.
2. Evidence examined, and found to prove q
valid contract, upon good consideration, by
one railway company 70 procure passes for
person over the line OF another railway COM
pany, fully performed by such person, and q
breach OF the same by such frat mentioned
company.
B. A contract entered Into and performed
Jointly by two or moro persons, the cOmpensa.
ti0R toc the performances 0t which Is sepafnae
The advocate., 1897-04-14
AFFIRMED.
BY THE COURT.
SYLLABUS
ALLEN, J..

SYLLABUS. BY THE COURT ALLEN, j.
1. The court viii not declare as matter of law
that motorneer in charge Of a car on an cleo
trio street railway, who propels it at the rate Of
about twelve miles an hour over street cross
ing adjacent TO large public school building
when the street is filed with children just
leaving school, who fails TO ring the bell
nearer to the crossing than 150 feet, and who
neglects to keep watch Of the track ahead Of
him, is not guilty of gross and wanton negli-
gence.
q Nor will the court declare, as a matter of
law, that boy ten years old who crosses a
street car track in crowd Of school children,
just released from school, is culpably negli.
gent because he fails to see a street car COM
Ing towards him at high rate of speed, with
out the ringing Of any bell, or other warning
g. 1t is for the jury TO determine what degree
Of care and prudence may be reasonably ex-
acted Of child Of tender years, from all the
evidence as to his capacity, and the facts Of
the case on trial
All the Justices concurTing.
A true copy.
Attest: G. ]. BROWN,
[sEALl Clerk Supreme Court.
The advocate., 1897-04-14
967s
John P. Deiderick VS.. Adam George Alex.
andeT.
Error from Wabaunsee County.
AFFIRMED.
SYLLABUS.

SYLLABUS. BY THE COURT, DosTER, G. j.
/. A contract entered into between a
person desiring to purchase land and one
who claims ownership OF the same which re.
cites that title to such land is In third per-
son, and In which contract such claimant
does not assume to act as agent for such third
person, but agrees only to procure from him q
doed TO such land, is not under the statute OF
frauds contract OF sale by such third person,
even though he knew OF and assented to the
making Of the same.
3 One who founds his right TO land upon an
instrument which admits title In a certain
person, and which does not purport to be ex-
ecnted by or on behalf OF such person, Is es'
topped In an action OF ejectment brought by o
grantee Of such person to dispute his title and
right Of possession.
All the Justices Concurring.
A true copy
Attest @. J. BROWN,
isRALl Clerk Supreme Court.
The advocate., 1897-04-14
0756.
William c. Morris, OF al, VS.. Ida NJ. Tracy, ct al.
Error from Nemsha County.
REVERSED.
SYLLABUS.
BY THE COURT.

SYLLABUS, bN IHE NOOhIs ALLEN, y.
l. Service OF summons by publication on
Emma IL. Morris is not good service on
Emma ii. Durham, q married woman, who
had borne the name of Durham for nearly
twenty years, though her maiden name was
Emma II. Morris, and such an attempted
service in an action OF partition, under which
ID Is attempted to sell her interest in lands be-
longing TO the esta'e Of her deceased father,
should be set aside on her motion.
2. Where the commissioners appointed to
make partition OF lands report that partition
cannot be made without manifest injury, and
make appTaisement thereof, it is error for
the court to direct q sale of the land until the
parties interested have been afforded reason
able time, and reasonable opportunity, to
elect TO take che land at the appraisement.
8. Where an order directing partition OF
lands belonging TO nonresident parties was
made on the Nth OF March, 1898, an election
10 take ehe land as the appraised value by onG
OG tho detendaMtS, who owned threeNstxths
The advocate., 1897-04-14
1894

Atchison, Topeka e Santa Fe Railroad Com
pany VS.. the Board Of County Commission
ers OF Kearney County.
Error from Kearney County.
AFFIRMED.
The advocate., 1897-04-14
922
Robert o. Rizer vs. The Board Of County Com.
missioneTs Of Geary County.


SYLLABUS. BY THE COURT. DosTER, G. j.
/. Wrongful acts or omissions Of conduct
performed or omitted In pursuance to fraud
ulent conspiracy, and not the conspiracy
itself constitute cause Of action, and the
statute OF limitations begins to run from the
performance Of such conduct or the omission
OF such acts IL known TO the injured party,
and not from the time OF his discovery OF such
conspiracy.
O. Where one who Is entitled to maintain an
action OF accounting against another, and
who has the express promise of such other to
account with him, fails to institute his action
within the statute Of limitations, he cannot
except his case out OF such statute by alleging
fraudulent conspiracy between his adver-
sary and q third person to refuse such &C.
counting
All the Justices concurrlng.
true copy.
Attest; G. J. BROWN,
[sEALl Clerk Supreme Court.
The advocate., 1897-04-14
gTSA


The Standard Implement Company, ct al, VS..
The Lansing Wagon Works.
Error from Cowley County.
AFFIRMED.
SYLLABUS. BY THE COURT ALLEN, j.
/. Where junior attaching creditors file in
terpleas claiming priority OF lien, in the ac-
tion under which the ftst attachment was
levied, such interpleas are TO be treated as in
the nature OF 3 collateral attack, and the in
terpleaders cannot defeat the prior attach
ment by showing that the claim sued on was
not yet due, or that the debt which was al
legged in the petition TO be for goods sold and
delivered was, in fact, evidenced by promis.
sorry notes, there being no charge OF fraud,
and the justice Of the plaintiffs claim being
clearly established.
2. Where suit is brought on an account for
goods sold and delivered, and an attachment
10 issued for the amount claimed, an amend
ment Of the petition increasing the amount
claimed, and the taking Upt OF q second SUM
mons And order OF attachment do not operate
as n diamisSas 0& the original action, Ok 10 dis
The advocate., 1897-04-14

against the county, but not against the tFaV.
eler and constitutes, therefore, no ground OF
complaint by him.
ALI the Justices concurring.
A true copy.
Attest: G. J. BROWN,
[sEALl Clerk Supreme Court.
The advocate., 1897-04-14
aS5i
John S. Knott vs.. John d. Tade, as County
Treasurer, OF al.
orIgInal Procoedlnga b Madamus.
WRIT ALLOWED.
SYLLABUS.

SYLLABUS. BY THE COURT. DosTER, @. J.
/, School land In actual cultivation by q
tenant OF the assignee OF the original pUr-
chaser but upon which no one resides, ia
nevertheless In possession OF such assignee,
and service upon him Of notice OF default OF
payment is necessary TO a forfeiture OF HIS In.
tereat In the land, under section 2i9, chapter
g2, general statutes 1889.
3. To effect aGorfeiture of a school land pur-
chase full compliance with the statutory
forms Of notice and service 10 requisite, and a
return by the Sheriff that he posted the no.
Clerks office, when the statute requires IL to
be posted "in o conspicuous place" In such
office, 10 insufficient.
All the Justices concurring.
A true copy.
Attest C.J. BROWN,
[sEALl Clerk Supreme Court.
The advocate., 1897-04-14
1O7SO.
Harry E. Abry vs. James Gray, OF al.
Original Proceeding in Quo Warranto.
JUDGMENT FOR DEFENDANT.

SYLLABUS. BY THE COURT. ALLEN, J.
There being neither constitutional nor stat
utory inhibition against one person holding
the offices OF City Clerk Of city Of the first
class, and Clerk OF the District court Of the
county in which such city is included, it Is
held that the duties Of the two offices are not
80 incompatible that the acceptance of the
latter, by q person holding the former, tpsO
fact0 vacates such first named Office.
All the Justices concuning
true copy.
Attest: c. J. BROWN,
[sEAL Clerk Supreme Court.
The advocate., 1897-04-14

The German Insurance Company OF Freeport,
Illinois, vs.. The First National Bank Of
Boonville, New York.
Error from Shawnee County
AFFIRMED.
SYLLABUS. BY THE COURT. ALIEN j.
/. foreign insurance company, which
maintains an agency in this State, in charge
OF agents having general authority Co receive
premiums, fill out, countersign, and issue pol
icies Of insurance, furnished them by the
company for that purpose, is subject to the
jurisdiction Of the courts of this State, and
service on the chief officer OF the agency Is
service on the company.
2. Actions against foreign insurance COM
panies maintaining agencies In this State, are
not limited to suits on policies OF insurance,
but the courts have jurisdiction to enforce
other contracts as we'll
3. In an action against foreign insurance
company to charge 10 on it's liability as
stockholder in an 1nsolvent domestic corpora
tion, service OF summons may be made on the
chief officer Of an agency in the county where
the action is Brought, and jurisdiction
thereby obtained to render q personal iudg-
ment against the defendant.
ALI the Justices concurrtng.
A true copy.
Attest: G. j. BROWN.
SEAL Clerk Supreme Court.
The advocate., 1897-04-14
Published April "A, 1871
Supreme Court SyIIabi.

Joseph S. Boyle and Eli2a 7. Boyle vs.. s. M
jarvis.
Error from Butler County.
REVERSED.
SYLLABUS BY THE COURT. DosTER, G. J.
An ofter by letter to sell land upon terms
therein stated, orally accepted by che pro
posed vendee, and executed by him as to part
of such terms, Is valid contract Of sale as
against the statute OF frauds, and entities the
y6ndee IL IN possession TO resist ejectment
brought against him by the vendor, and TO
show by oral evidence his readiness and abil-
ity 10 complete the purchase according to
such contract, and that his failure to do so Is
attributable To his vendor.
All the Justices concurring.
A true copy.
Attest: C.J. BROWN,
[sEALl Clerk Supreme Court.
The advocate., 1897-04-14

Thomas H. Davis, Administrator Of the estate
Of A; F.. Harsh, deceased, OF a., VI. Charles
s. Clark.
The advocate., 1897-04-14
967O
E. w. Blair, Assignee, vs.. E. NJ. Anderson.
Error from Saline County.
REVERSED.

ETTUF IfUM bHIIn0 UOunEy.
REVERSED.
SYLLABUS. BY THE COURT. ALLEN, j.
The decision OF the court overruling motions
made by the assignor and assignee TO dis
charge property of an insOlvent debtor, from
an attachment levied thereon, Is not such q
final adjudication OF the validity OF the deed
OF assignment as will preclude the assignee
from maintaining an action Of replevin to re-
cover the attached property, even though the
sole ground for the attachment was that the
deed Of assignment was fraudulent, and the
trial of the motions was had on oral testi.
mony bearing on this point. The fact that
the attachment was on claim not due does
not change the rule.
ALI the Justices concurring.
true copy
Attest: = @. ]. BROWN,
[sEALl Clerk Supreme Court.
The advocate., 1897-04-14
9579

The Consolidated CITY e. Chelsea Park Rail-
way Company VS.. John Carlson, Admins
TRAITOR.
Error from Wyandotte County.
AFFIRMED.
The advocate., 1897-04-14
William Phipps, OF al, VS.. The Kansas & Colo
RADIO Pacific Railway Company, ct al.


William Phipps, OF al, VS.. The Kansas & Colo
RADIO Pacific Railway Company, ct al.
Error from Court OF Appeals, Southern De-
partment.
AFFIRMED.
SYLLABUS. BY THE CoURT. ALLEN, j.
In condemning land for the right Of way for
a railroad, the railroad company has the same
right to rely on the public records in deter
mining who Is the owner of the land TO be
condemned that any purchaser would have.
Where right Of way is condemned over land
in the possession OF one holding a duly re-
corded tax deed thereto, and also q patent
from the State based on such tax deed, under
which the holder had paid the balance due
the school fund on certificate of purchase Of
such land as school land, report of the com.
missioners making the condemnation naming
such patentee as the owner, followed by de-
posit Of the condemnation money with the
County Treasurer TO hls credit, and the subse-
quent payment to him thereof, after the ex-
piration OF the time allowed by law for an sp.
peal from such proceedings, passes valid
title as against the secret and undisclosed
equities OF the heirs OF the holder Of such cer-
tificate OF purchase.
All the Justices eoncurring
true copy.
Attest; c. ]. BROWN,
SEAL Clerk Supreme Court.
The advocate., 1897-04-14
AFFIRMED.

Error from Saline County.
The advocate., 1897-04-14

The German Insurance Company Of Freeport,
Illinois, VS.. The First National Bank OF
Boonville, New York