davidaulloa/AmericanStories huggingface dataset:
The Advocate and news., 1897-12-01

All the Judges concurring.
A true copy.
Attest. W. IL. GATES,
LSeall Clerk
Kansas Court of Appeals, Northern De-
partment, Central Division.
No 1888.
e. A. CASHIER, plaintiff in error,
NJ. X. Samls, defendant in error.
Error from Lincoln County District Court
DISMISSED.
Syllabus BY the Court McElroy, A. j.
1. Court of Appeals-Jurisdicto give
the Court Of Appeals jurisdiction to review
q judgment Of the District court, IL must af
ilrmatlvely appear that the amount or
exceeds one hundred ($lOO dollars, or that
the case belongs to the accepted classes,
designated in section 542, Code of Civil Pro-
cedure.
All the Judges concurring.
Attest, w. II. GATES,
TSeall Clerk.
Kansas Court of Appeals, Northern De-
partment, Central Division.
No. 2i2.
The National Bank Of Belleville. a corpor-
alton, plaintiff in error,
r. b. Ward, Sheriff ., Of Republic county,
Kansas, defendant In error.
Error from Republic County District Court.
AFFIRMED.
Syllabus. BY the Court. McI1Iroy, J.
Held, that the instructions were authorized
by the evidence and fairly presented the
trlable issues to the jury. The instruc-
tions should be read and construed with
reference to one another, and as whole,
and when so read and construed, II they
are not calculated to mislead, they offer
no cause for objection.
All the Judges concurring,
A true copy.
Attest w. II, GATES,
lSeall Clerk
Kansas Court Of Appeals, Northern De-
partment, Central Division.
No. 247.
Charles r. Smith, plaintiff in error,
VS..
Frederick Kreager, defendant In error
Error from ottawa County District Court
REVERSED.
Syllabus.
/. In an action brought to fOreclose mort
gage upon land, wherein the plafntim and
defendant in this case were defendants, In
which case there was constructive service
only, the defendant Kreager obtained Judg-
ment foreclOsing a second mortgage upon
the land, subject to the prior mortgage and
appropriating to the payment of his claim
/ the residue Of the proceeds from the sale
OF said lands after satisfying the first mort
gage. Tho plaintiff during all OF this time
was q nonresident Of the State. After the
sale of the mortgaged premises and the ap-
rlication Of the proceeds according to the
Judgment of the District court, the plaintin
appeared and filed an application to set
might defend against his cause OF action
An order was made that the judgment
should be opened UP upon the plaintiM pay
ing the costs of the suit. This he did not
do, and the Judgment was not opened :
Held, that this subsequent appearance did
not have the effect Of changing the original
Judgment which was In the nature OF
judgment in rem, into q personal judgment
against the plaintiff, nor did the cause OF
action against the defendant Kreager merge
in such judgment.
2. A judgment rendered in such case, upon
The Advocate and news., 1897-12-01

aAarabrhauaa-u.1
taehment at the beginning Of this case and
inserted therein 500 as the probable COSTS
instead OF $50 as provided by the statute.
This was an irregularity and did not aVolo
the writ and 1t was competent Ior the
court to allow the same 10 be corrected Dy
amendment.
Q. The failure of the under Sheriff to par
ticipate with the appraisers In the appralse-
ment Of the property is not sacn an niraS OII.si
the court to quash the writ or set aside the
levy as to all the property
In an action by an executor of the de-
nositor named in the certificate or deposit
in bank, and made payable to the order
of himself upon the return OF tne cerun-
cate properly endorsed II is not NECESSITY ti.
bank by the executor before suit, tnat the
executor should allege that the certlncate
was properly endorsed at or BEFORE the oe-
mand
A. In the trial of case to jury in which,
upon the undisputed evidence in the case,
the plaintiff is entitled to verdict, II is
not error for the court to give Dlnding
charge to the jury to return such Verdlct,
Notwithstanding there was some evidence
upon behalf Of the defense.
All the Judges concurring.
Attest: 'N'' w. H. GATES.
fsea1I Clerk.
Kansas Court of Appeals, Northern De-
partment, Central Division
The Kansas Town and Land Company,
plaintiff in error,
VS..
7 M. Allen, County Treasurer of Smith
County, Kansas and The City OF Smith
Center, Kansas, defendants In error
Error from Smith County District Court.
REVERSED.
Syllabus. BY the Court. McElroy, A. ],
1. Chap. 246, laws Of 1891, entitled IAN act
to Vacate certain toWnsites and portions
of townsites in the State of Kansas therein
named" Is constitutional
2. Under the provisions Of Sec. 16, Chap
246 laws of 1891 the streets alleys, lots
and blocks in the town OF smith Center
Smith county, Kansas, which lies south or
Court street, east of Brandon street, ana
north of the right OF the Chlcago'
Kansas & Nebraska Railway Company,
and also all that portion of said addition
which lies south of the right-of-way OF the
Chicago Kansas d Nebraska Railway
Company, and east of Jefferson street, and
also all that portion OF Salu auulIlOH WHICH
lies east OF Monroe street, is vacated.
3. Chap. 66, laws of 1893, entitled IAN act
providing for the change of boundaries OF
Cities" is constitutional.
A. Under the provisions Of Chap. 66, laws
Of 1893, all that part Of the Chicago, Kan
sas & Nebraska addition to Smith Center,
Smith county, Kansas, which lies south or
Court street, east of Brandon street and
north of the riGht-of-way Of the Chicago,
Kansas &; Nebraska Railway Company, and
also all that portion of said addition which
lies south of the right-of-way Of the Chi
cago, Kansas & Nebraska Railway Com
pany and east of Jefferson street, and also
all that portion Of said addition which lies
east of Monroe street, is excluded from the
corporate limits Of the said city, and Is
not subject to taxation for city purposes
therein.
All the Judges concurring.
A true copy.
Attest: w. Fl. GATES,
GSeal Clerk.
Kansas Court of Appeals, Northern De-
partment, Central Division.
No. 267.
The Advocate and news., 1897-12-01

nay the debt, being without lawful foun-
dation and without consideration.
All the Judges concurring
A true copy
Attest. w. II. GATES,
ISeall Clerk
The Advocate and news., 1897-12-01

/. An action to reform written contract
so as to conform to the contract actually
made and to enforce said contract as re-
formed, constitute but one cause OF action.
g. Where general agent Of an insurance
company applies to a property owner TO
insure him against loss by fire and agrees
to give him certain amount Of insurance
for premium agreed upon and paid. and
said agent makes no inquiry as to the title
Gated and no Misrepresentation or con-
cealment is made by the insured, the com
pany cannot, after loss has occurred,
avoid It's liability therefor because the legal
title to the said lot was In the wife OF the
Insured, while he had an insurable interest
The Advocate and news., 1897-12-01

evidence in support of counter claim
plead by answer alleging the recovery OF a
personal judgment against the plaintiff.
All the Judges concurrlng.
A true copy.
Attest. W. II. GATES,
[Seall Clerk
The Advocate and news., 1897-12-01

All the Judges concurring
A true copy.
Attest. W. II. GATES,
ISeal Clerk
partment, Central Division
No. 227
The symns Grocery Company, plaintiff in
error,
vs.
B. +. Smith and Charles e. Wood, defend
ants In error.
Error from Smith County District Court
AFFIRMED.
Syllabus.
/. A chattel mortgage upon a stock Of
merchandise, taken In good faith to secure
a valid debt of greater amount than the
value Of the goods, Is not fraudulent per Sc
because the note described In the mortgage
is payable in lnstallments running through
a period of thirty-five months after the date
of the mortgage.
2. In such mortgage, wherein it Is stipu-
lated that the mortgagor shall remain in
possession until some default OF its pro-
visions upon his part or until the mort
gagee shall deem himself insecure, and It
is further stipulated that IL the mortgagor
sells or offers to sell any of the goods the
mortgage may take possession of and sell
the property and apply the proceeds to the
payment of the debt secured thereby, there
is no implied authority to the mortgagor
to sell while he remains in possession.
All the Judges concurring.
A true copy.
Attest. w. II. GATES,
lSeaLl Clerk.
The Advocate and news., 1897-12-01

band ia an incompetent witness IN a suit
wherein his wife ig plaintiff, unless the
plaintiff shows, or offers to show, that the
testimony offered concerned transactions
In which he acted as her agent.
s. A demurrer to the evidence was prop
erly sustained by the trial court, in an ac-
tion for damages to the realty and growing
crops upon unenclosed lands where the evil
dence fails to show that the herd law had
been put In operation by order Of the Board
of County Commissioners in pursuance to
Chap. 1888, laws of 1872, or that the stock
were driven upon the land by the defend
that plaintiff was the owner of or in pos
session of said premises.
All the Judges concurring
A true copy.
Attest: w. II. GATES,
[Seall Clerk.
The Advocate and news., 1897-12-01
Syllabus.

Kansas Court of Appeals, Northern De-
partment, Central Division.
No. 234.
Odille Wingrove, plaintiff in error,
VS..
B. X. Williams, defendant in error.
Error from Clay County District Court.
AFFIRMED.
Syllabus. BY the Court. McElroy, J..
L The right of the trial court to grant
leave to file pleadings out Of time, is found
in Sec. 1O6 Code of Civil Procedure. This
section of the code leaves the matter ( al
lowing pleadings to be filed out @ time
wholly in the discretion of the trial court,
and unless the court has abused it's discre-
ton in this regard, judgment should not
be reversed for this cause alone.
z Error will not be presumed; 1t must be
shown. There Is no error apparent in the
rejection Of the husbands testimony offered
on behalf OF the plaintiff, his wife. The hus-
The Advocate and news., 1897-12-01

Kansas Court Of Appeals Northern De-
partment Central Division
Orange County observer. [volume] (Hillsborough, N.C.) 1880-1918, 1897-01-14
1 1Omcat on the Roost

farmer living near here, OWES q
hon concerning which he tells the fol..
loving interesting fact:
About year anil half ago the
hen wen. to setting, stealing her nest
IN the corner Of the carriage honse.
Not wishing to encourage migratory
propensity among the poa!trv, Hem
der-on told one Q: his children, a
bright little boy named Tom, to
break the hen up aud coax her back
to the fowl house. Tom made re-
peateI efforts 10 carry out his fathers
Instructions. but 1t is easier said than
done, to break up q setting hen. Day
after day the hen went back TO her
nest ia tue carriage house til Tom
was in despair, anI he hit upon the
following novel plan to oust her from
her chosen abode:
There chanced to be n litter Of kit-
tens on the placethat needed disposing g
Of, ond Tom thought to combine hus',
ness with pleasure by putting one Ct
the ineviug young kittens IN the Oh
hens nest. This would seem to be 4
very efectual way, not only Of breaL :
irg mp the hen 5 housekeeping, but Of
| getting rid Of the kitten as well, re
| she would no doubt tern upon the
| disturber Of her peace aud destroy it,
This was Toms idea, at least, but tne
plan did not work.
Instead, the old hen, in lieu Of
~something better, hovered over HE
kitten until it passed beyond the stag
5of adolescence, thereafter caring fey il
as dutliuliy as if it had been the n os'
| loving Of chicks. In turn the kittet
seemed we'll pleased with its new
! quarters and its strange foster mother,
and would follow at her heels, answer
ing her clucks with dutlful II ew
| picking up crumbs and stray bits 0
meat that found their way into TIE
chicken food. That strange affection
thus engenlereu between the hen and
the kitten continues unabated, though
the latter is now a full grown cat, enc
Henderson says it is worth its weigh
in gold in keeping rats ont or Tn
fowl house. OF course the rodents are
not prepared to hnd q cat perche'
| upon the pole among the fowls, an'
when he pounces down he bags hi
game every time. Philadelphl,
Times,
Orange County observer. [volume] (Hillsborough, N.C.) 1880-1918, 1897-01-14
Tunnels Under Tunnels.

One Of Lonlou's underground rail-
maze an extehsiou which Will demon
-trate at least one Of the advantages
Of the underground system for urban
transit Finding tAat the 4mani on
It's lines is greater than can be met by
its present facilities, the company Ii
about to construct two tunnels IL Iei
its present roadbed, one OF which .lll
he used for inbound and the other for
outbound trains, and both for cx-
press trains only, leaving the present
road to carry the way travel. Ihe
tunnels Will be operated by elec.
tricitv. thus avoiding the annoyance
Of smoke, steam anl gas. anl PER
mittin. perfect ventilation, VAiie tae
fact that they are u be constructed On
the property already owned by the
company, does away with the eror-
nous expense fnr rigat of wav, WI ca
is serious drawback to surface or
| elevated roads IN cities. It also does
away with the expense AMI annoyance
of consclueu dam ages, which Is an
| story 10 the elevated railroads IN
+ New York. NJ m3tter how many
.,. ao-.-,.. $50 lx,f~ 81
Orange County observer. [volume] (Hillsborough, N.C.) 1880-1918, 1897-01-14
SCIENTIFIC SCRAPS.

Arrr.xress..sr~ a.f
cranbs .ha oa.va.I t...
type.
fhysic|ngists say the fgag s!5o of
The bran y II mar, ,sn,,rt.,.,, ;,
life than the lcs.
A, n,...se..
d,cs..= ,b, n,7,t.., - ,hn r-
Orange County observer. [volume] (Hillsborough, N.C.) 1880-1918, 1897-01-14
vREnDys FoRrrHorGur

rREnDy's FoRErHorGnr.
think | Il chain the bulldog
As soon a il IS dark.
Aud put him IN the stable where
We cannot hear him bark.
Beeaase if / should let him
Upon the sofa stay.
HIS awful bark might frighten dear
Old Santa Claus away.
Harper Round Table.
Orange County observer. [volume] (Hillsborough, N.C.) 1880-1918, 1897-01-14
Shes, such good old goose"
lfl<alasx--..IL eesms~ n nltx-Yhen

everybody else is getting presents
that she's got to be killed"
"Good tor nothing but to eat said
the hard heatred John.
Orange County observer. [volume] (Hillsborough, N.C.) 1880-1918, 1897-01-14
|Gbildre rens.GsolumD

lace. and said, I'm left TIL called for,
ma'am."
Left Till called for" l repeated.
smiling at the geu,.e face. Who
said so?"
"A4s=ts@ y
"ls aan;ie coming to fetch you:"
Yes, soon, ma'anl
Ine little mad dill not seem sh-,
aHd fel; greatly interested in her, 80
"-Ns1 Are You gong to stay with !
:sit'l. IL -" couu,rv?"
80, IN gong home to father and
motuer.'
"iln, is meet 1 said. "What
have yon been doing in the countrv?'
Been to sec grandma, ana the COW.
anl pigs"
DO You like them. my deay:' I
ask Il.
Sae gave al emphatic mol.
y wonder II YOU have any brothers
aud sisters?'
I've got Bobby, ana there's a new
hfhy now" and'her face grew eager
"a new baby with blue eyes, aul I'm
going to love IT,.
"A new baby THAT will lie n prct-
ty p'avthing for you. What Is It's
nnme?'
why, baby" AMI the little face
looked up as she seemed to wonder
that, Ioa,}3 40. ,,..
"An1 who, ro.,na,,a ,,2.
..p -
..yonIao,, ,,,o ,,.,,
1ee,1 ;, sail. .t ho,>o -, u,11
oio :" ~ Sooi,
49,, ~ ..:,., : : :
~
49,, I;,,,, fs,a,,', -. =, a. A.. -
vac .ho r.s s,.,,n = ia a.a,o 81.
on;a. o,1 ,,,on, ,aot :, ~, -
,a,oa hor
..Wa,11 ~, 40, I.,,
az -,
| f. .ono a. H., .,,. 49, ,
b.r han, IN. "a ~. a,,o..
il.
How oh are yon, RJsic?' !
asked.
= our years on ChriNfmas Day.
Orange County observer. [volume] (Hillsborough, N.C.) 1880-1918, 1897-01-14
THE CHRISTMAS GOOSE.

Good morning, boys aud girls,
SAID the Christmas goose, as Sue LOOKED
up from a spot Of green grass IN II
sheltered corner of the poultry yard
ct seems good to find n little pateil
of Summer out here IN the cold.
wonder if anybody Is going TO givr
me Christmas present, for Your
father came out h-re yesterday and
pointed to me and said | was the best
one Of the fl lock. [ hope they're going
to give me something eood-a half q
peek Of corn, or tender, juicy little
green frog"
The children did not quite under-'
stand goose language bat they knew
from the tone Of the goose's voice thut
she WIS feeling quite cheerful that
morning. They knew also that their
father hal talked of killing her for
the Christmas dinner, and this made
Mary feel bad.
Shes, such good cid goose!'
! eaifls iasx--s.IL eeems- d nlix-Yhen
everybody else is getting presents
that she's got to be killed.
"Good tor nothing but to eat, said
The hard heatre1 John.
"Huh!" SAID thc.ol goose, looking
toward john. Il hope hos mean
enough, I'll make him sick some d,v,
ste if l don't. Aud l wish l could
give Mary a nice CAris'mas present."
Sure enough, the good old goose
was served ~ for Christmas, aud SIZE
did make john sick, for he ate St
much Of her tender flesh that he wa'
-icA ali might; snc also made Mary !;
nice present, for in her crop TIE,
found the pearl ring, all safely prs
served, VII ch Mary had lost wee:
before. New Euglaud Homestead.
Orange County observer. [volume] (Hillsborough, N.C.) 1880-1918, 1897-01-14

/, taxes -2.Q00 ,oas q paper 'e
make the pps;a! carts used II Ia
United States each year.
The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1897-09-08
DEATHS.

American Laundry, 6o. West From. St.
The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1897-09-08
Encouraging Revival.

The Pentecostal revival meeting at the
Haven M. K. Church, Sd and DUPONT Sts.,
began last Sunday and the church has al
ready witnessed a gracious outpourlng of
the Holy Spirit The love feast Sunday
morning was q season of great spiritual
refreshing and the sermon by Rev. ]. r..
Waters Of 1890 was powerful presenta.
ton of the truth Of God and many hearts
felt the power Of gospel truth. The Sun
day school prayer meeting and sermon by
Bro. Townsend In the afternoon were good
and the Lord blsssed the church gracious.
ly at the communion service at night,
conducted by the pastor, Rev. j. H. Nut
tor.
Prayers are being conducted by the Pas
tor and Willing Workers In the homes and
the good effects arc already felt and seen.
As u result OF q prayer.service in one homo
little girl declared her desire to be saved
church and at the call for those desiring
to be saved she came forward and knelt
as the altar. This move Of one quiokened
the church afrcsh and Tuesday night this
child wrs happi.y converted and three other
school children who have been instructed
regularly in the Weekly Junior Epworth
League meetings by the Pastor, came to IT,
altar Ia tears Dread Mark 10 1915 J
The church is now on fire as 1t has not
been for a long time.
God Is bringing ministerial and lay help
from various churches to help in the good
work. Rev. b r. Moore of Shiloh Baptist
Church was present last night and God
blessed him and tho church as he led in a
fa:vent and effectual prayer for consccra.
ton and pentecostal and out.pouring of
Gods holy spirit. Brothers Matthew
Whitley and G. t. Coleman have given
good exhortatlons and the brethren and
sister are working heartily. Rev. G. A.
Tinaley and workers of Ezion are expect.
ed Wednesday night aud workers from
Bethel A. NJ. Church Thursday night and
Rev. W. II. Guy and people Friday night.
The meeting will continue two or three
weeks
The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1897-09-08
CAUCASE AND DUFFIELD.
Motion Made In the United States Dlstrict
Court, Judge Dallas Presiding. =

Owing to the fact that Judge Bradford
before his elevation to the bench had been
connected In several cases Judge Dallas
presided In the District Court to-day.
Among the cases listed for this term ar0
John Hutton against Joseph Bancroft %
Sons Company.
Victor Bloede wlshes to secure certain
shares of stock and Hutton wishe3 to pre-.
vent the transfer.
The case has been aired In the Superior
Court and was removed to the District
Court. Now motion is to be made to
remove the case back to the county court.
Austin Harrington, receiver Of the Non.
such fibre Company wishes to compel
several persons including J. f.. Addicks
and N. b. Benson to pay their subscrip-
tlons to the stock Of the company.
The case of Godfrey Morse and tho Bay
State Gas Company Is also listed. Inc
plaintiffs want areceiver appointed for the
company.
The Duffield and Caucase cases ore also
listed for this term. The most Important
case Is that Of Henry w. Barlow against
the receivers of tho Walton and Whom
Company.
Tho tug Argus is also defendant In o
case for damages for breach OF contract
with the National Dredging Company.
The Hutton case will be taken up for ar.
gument on September II.
The Nonsuch Fibre Company case will
be taken up at an early date.
Mr. Cheyney of the firm Of Lewis and
Cheyney, appeared before the court to ask
that the owners of the steamer Dufteld
be compelled to furnish 600, 900 bond IN
the case Of the Caucase and Dutfield. -
The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1897-09-08
Cecil County Fair.

Elkton, Nd, Sept. THE seventeenth
annual exhibition Of the Cecil County Ag.
ricultural Society commenced here TIC day
under very favorable circumstances Tho
exhibits in all the departments arc more
numerous than for several years past. and
as usual most of the day has been occupied
in arranging them, and it was late to night
before they were all in place Mitchell
Hall, the main exhibition building Is filed
toits utmost capacity and presents u very
handsome appearance. This structure is
about $50 feet long and 50 feet in width.
At the extreme northerly part Of tho
grounds are the exhibits of live stock, of
which there arc several hundred head of
cattle, horses and swine.
The races were closely contested, The
betting was brisk and considerable money
Of angcd hands Ruth Anna won the colt
race easily but four heats were necessary
TO decide the 2.37 class. The 2,2g class
pacing was won in straight heats by Niano
The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1897-09-08


Dubois, Pa. Sept. 8.-A settlement
of the miners strike In this region was
practically effected yesterday after
noon. The committee appointed at the
convention last week to conduct all
negotiations looking toward a settle
ment met General Manager Robinson
here. and before adjourning an article
OF agreement was signed by Mr.. Rob
inson and the members of the COM
mittee which is mutually agreeable
The proposition will be submitted to the
miners at a meeting to be held this
afternoon, and il acceptable work will
be resumed at all mines on the 9th.
The agreement has not yet been made
public, but there is hardly a possibility
that 1t will be rejected by the miners
after having been accepted by their
committee The company will pay the
highest proportionate scale paid In any
competitive region, and whatever scale
Is found to be actually settled on will
be paid by the company from that date.
Resumption means employment for
5000 miners and 1000 railroad men, and
a general revival of business through
out the region.