davidaulloa/AmericanStories huggingface dataset:
Lincoln County leader. [volume] (Toledo, Lincoln County, Or.) 1893-1987, 1897-10-14
COUNTY cOURr--0cToBER TERM.
Full Report Of the Proceedings of the
Regular Session Last Week.

was IN regular session on Wednes-
day, Thursday and Friday of last
week, all members of the court be-
ing present. The following bust
ness was transacted:
In the matter of the use of the
county road by the o. c. & E. rail-
road company, at Morrison: Order
ed that the railroad be allowed to
occupy county road from the main
line to the rock quarry with side
tracks; provided, that the company
shall keep up the road and furnish
such crossings as shall be necessa-
ny in crossing said track.
In the matter OF the petition of
A. ]. Ray for the segregation of
property sold at tax sale: Ordered
that lot 10 in block ~, in Virginia
addition to Newport be segregated
from other property upon the sane
certificate of sale, and that the Pc
titioner be allowed to redeem said
lot by the payment of the taxes,
costs and fees, and 5 per cent inter-
est from the date Of sale.
LIZ the matter Of the petition of
L. M. Butler, H. R. Sturdevant
and others, for a county road from
a point on Olalla slough to the
Drift creek road at Mill creek: Or
dered that the petition be granted,
and that G.. c. Stakely, M. Greg
son and F. M. Stanton be appoint
ed as viewers, and that q. M. Der
rick, county surveyor, meet with
said viewers to survey the same;
and that said viewers and surveyor
shall meet on Monday, October IS,
1897, at 8 O'Clock a. M, and view,
survey and locate said road.
In the matter OF the collection of
taxes under the 1896 tax roll: Or
dered that the collection of said
taxes he continued under the orig
inal roll until the further order of
the court.
In the matter Of the exam
ination of the 1897 tax
roll: The court having carefully ex-
amined the same and finding no al
terations necessary, it is therefore
ordered that the roll as returned by
the county board of equalization be
approved; and it is further ordered
ordered that the levy of the tax
thereon be deferred until the session
of the state board of equalization.
The following bills were exam
ined and allowed.
COST BILL-STATE VS.. DANIELS.
Chas Henderson, justice fees S $50
Frank Hyde, special constable $40
P o Shirley, 500
Lincoln County leader. [volume] (Toledo, Lincoln County, Or.) 1893-1987, 1897-10-14


The editor had peculiar dream
the other night. We dreamed that
county court had been in session,
and after three days worrying e
about a dozen bills per day their
labors were finally concluded and
the time for adjournment came on.
W. dreamed that before adiourning
the commissioners filed their bills
for their per deim and mileage, as
is the usual custom. We dreamed
that Commissioner Williams claim
ed thirty miles mileage from New
port and return, moi because the
distance by the boat and railroad is
fifteen miles, it being only thilteen
miles but it figures out easier on
fifteen miles. We dreamed that af-
ter court adjourned that Mr.. Will
liams got into a road cart and went
home by the way of the wagon
road, thus travelling only eight
miles. We dreamed that when the
next court convened Mr.. Williams
came in and stated that he had col
lected mileage for seven miles that
he had not travelled, and paid sew
enty cents back to the county.
Just then we woke up and found i,
all TO have been a dream-at least
that part about paying back the
excess mileage.
Lincoln County leader. [volume] (Toledo, Lincoln County, Or.) 1893-1987, 1897-10-14
Notice of Sheriff Sale.

NOTICE is HEREBY GIVEN THAT BY vIR-
IN tue of an execution issued out OF the Circuit
court Of the State Of Oregon, for Lincoln coun-
y, bearing date , Of October :, 1881, and a]ttested
on a judgment duly rendered and entered in
said court on the 9TH day of July, 1897, in a suit
therein pending wherein Henry Denlinger, Jr.,
was plaintiff and Frank Q. Bridgham and Lula
Brigham were defendants, in favor Of Henry
Denlinger, Jr., plaintiff, and against Frank o.
BRIGHAM and Lula B%ridgham defend
ants, for the sum of S116.53, with in
terest thereon at the rate Of eight per cent
per annum from the 9th day Of July, 1897, and
the further sum Of 1850 damages and costs,
which execution is TO me directed and deliv-
cred and commands me to make the said sum
of s116.53, with interest thereon at the rate of
8 per cent per annum from the 9th day OF July
1897, and the further sum Of $3.50 with costs OF
and upon this writ out of the personal proper
ty Of the said defendants, and In case sufficient
cannot be found, then out of the real property
in my county belonging to the said defendants
on or after the 9th day Of July, 1897; did on
lowing decribed real property towit: Begin
ming at the "a section corner between sections
16 and II, In Township II, south, ranSe 10, west,
of Willamette Meridian, and running thence
west forty rods; thence south twenty rods;
thence east forty rods; thence north twenty
rods to place Of beginning, containing five
acres, more or less, and all In Lincoln county
formerly Benton county,, oregon; and that l
lgNltu OH tut Nhlnt 70 ~ pIOlNlNy
of, and belonging to Mrs. Lula Brigham, /
being unable 10 find personal property belong
ing TO the said defendants upon which to levy
said execution out OF which 10 make the
amounts mentioned in said execution or anv
part thereof, and on
Saturday the 18th day Of November, 1907.
at 10 O'Clock q. m, Of said day at the front door
OF the court house In the city OF Toledo, in said
Lincoln county, OREGON, l will sell at public
auction to the highest bidder for cash In hand
subject to redemption, the above described real
property together with the tenements, hered-
itaments and appurtenances thereunto belong
ing or in any wise appurtaining, as well as all
of the right, title and Interest Of the defendants
in and 70 the same, and all persons claiming
through or under them since the 9th day Of
July, 1897, or SO much thereof as may be neces-
sary 10 satisfy said judgment execution and
and amounts due them as above set forth with
interest, costs and accruing costs.
Dated OCTOBER 9th, 1897.
GEO. A. lands,
Sheriff Of Lincoln County, Oregon.
Lincoln County leader. [volume] (Toledo, Lincoln County, Or.) 1893-1987, 1897-10-14
THE
IIV YORK WORLD,
80 .',.
Ihrice-G-WeeE EdStion.;"
"
lS pages a week,
1876 papers a Year.

Apaper as useful to you as a great 50 daily
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ni inc News Of All the WoIrd All the Time
auara'e and fair to everybody. Democratic
saaiOf the people. Against trusts and all
I0nOpolies. Brilliant illustrations. Stories
%s,ea' authors in every number. Splendid
ulns lot women and other special depart
~.n's OF unusual interest.
"o'anos hrst among weekly papers in size
"'quency OF publication and freshness, variety
S.% ieLiaoility Of contents. 1t is practically a
rsu! al the low price of a weekly; and its vast
n,' u subscribers, extending to every state and
VIM y OF the Union and foreign countries,
'ouch for the fairness Of its news columns
,,S Scoaer this unequaled newspaper and the
LINCOLN COUNTY LEADER together one yea
ioi Oaly $500.
,ne regular subscription price Of the two
Pspers is $3.50. -,
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Lincoln County leader. [volume] (Toledo, Lincoln County, Or.) 1893-1987, 1897-10-14


The people on the Yaquina river
are direct losers to the amount of
several thousand dollars by reason
OF. not having a SALMON. cannery in
operation at some point on the Bay
this year. There is an excellent
run of fish of good quality, and it is
very hard to find a market for them.
In fact a great many people are not
fishing this season, and many that
do fish are not putting in full time,
as they are liable to have a good
share Of their catch left on their
hands. The cannery at Newport
has not operated this year. the rea-
son given, being that it has not yet
sold last years pack. 1t is to be
hoped that another year will find a
cannery in operation upon this Bay.
The fish is one of our natural re-
sources from which our people
should reap a profit.
Lincoln County leader. [volume] (Toledo, Lincoln County, Or.) 1893-1987, 1897-10-14

The Newport News has been
bucking and kicking at the Corval-
lis Gazette, and has made some
grave charges against Burt John
son, the editor of that paper, in con
nection with the legislative hold-up
of last winter. We will make a
guess that the News will not make
any more such charges, and that
everything between the News and
the Gazette will be lovely and serene
hereafter. 1t wont mean that the
News has become convinced that it
was mistaken, but simply that a po-
litical deal has been made which
will be to the benefit Of the man
who is very close to the News.
The advocate., 1897-06-23
DISMISSED.
OPINION BY scHooNovER, J.

l. That the amount or value in controversy,
exclusive Of CosGs, exceeds $l00, is q juTisdiC-
| tlonal question, and cannot be inferred, 1t
must aifrmatiYely appear in the record pre-.
sented TO this court; or the Judge of the Dis.
trict or Superior Court trying the case must
certify that 1t Is one belonging to the ex.
cepted classes
2. When a case made has been allowed, GER
tilted, signed, attested and filed as q case.
made for the Supreme Court, the Judge trying
the case cannot of his own motion, without
notice, withdraw the case, and add thereto
another and different certificate, although
the time allowed by the court for the settle.
ment Of the case has not expired.
3. When case-made has been settled,
signed and certified by the District Judge try
Ing the case, and the same attested and filed
as q case-made for the Supreme Court, ii has
passed beyond his control, and cannot there.
after be amended, altered or changed by any
order he may make. (Lewis vs. Linscott, 81
Kansas, 879.)
4. The certificate of the Judge OF the Dis
trict or Superior Court, required by Sec
6l2A OF the code where the amount involved
Ter jurisdiction, must be incorporated in the
record presented to this court.
g. Where a case Is brought to this court
upon the certificate OF the Judge of the Dis
trict or Superior Court trying the case, that
II Is one belonging to the excepted classes,
the certificate Confers Jurisdiction, and evil
dence aliunde, the record is not admissible to
prove that the amount or value In COntro.
versy, exclusive of costs, exceeds one hun
dred (l00) dollars.
MemOrandum-Error from Sumner District
Court; James A. Ray, Judge. The opinion
states the material facts Dismissed.
The advocate., 1897-06-23

When the City Council of Beloit
gave the wsterworks company fran
chise il inserted q provision that If the
company did not afford sufficient fire
protection and water for domestic use
that city could take possession. Such
condition has arisen and the Council
10 now preparing TO take possession,
The advocate., 1897-06-23

height OF such trestle above the street: Held
that the whole question OF the responsibility
OF the railroad company and OF the city, and
Of their negligence In respect TO the trestle
and the street. was properly left to the jury,
and that their verdict upon conflicting eYi.
dence haYing been approved by the trial
court, will not be disturbed by this court.
3. Where an oral objection was made 10 pro-
ceeding with the trial OF this action for the
reason that the same was then pending In the
Supreme Court on defendants appeal from
the action OF the District Court OF Bourbon
County, Kansas (where the case was first
tried), In granting plaintiff new trial, and
no plea In abatement was filed and no evil
dence offered In support Of such objection,
the same was properly OverTuled.
All the Judges concurring
A true copy.
Attest; W. 0. CHAMPE,
lsEALl Clerk.
The advocate., 1897-06-23
Error from Butler County.
STATE OF KANSAS, IS.

STATE OF KANSAS, IS.
!, w.. A. AyTes, Clerk OF the Kansas
Court OF Appeals, Southern Departments, Cen
tral Division, do hereby certify that the above
and foregoing is a full, true and correct copy
OF the syllabi in the above entitled cause,
handed down at Fort Scott ON the 11th day
Of June, 1897, and filed in this office on the 10th
day OF June, 1897.
Given under my hand and the seal Of said
rsp,l Court, this the 18th day OF June, A.
D. 1897 w. A. AYRES,
Clerk Kansas Court of Appeals, Southern
Department, Central Division.
The advocate., 1897-06-23
STATE OF KANSAS, IS.

!, w. A. Ayres, Clerk of the Kansas Court
OF Appeals, Southern Department, Central
Division, do hereby certify that the above
and foregoing is full true and correct copy
OF the syllabi of the court, handed down at
Fort Scott, Kansas, on the 9th day Of June
1897, and filed in this Office on the 10th day Of
June, 1897.
Given under my hand and the seal of said
rsv,,1 Court, this the 18th day of June,
lo%NAi A. d. 1897. w. A. AYRES,
Clerk Kansas Court OF Appeals Southern
Department, Central Division.
The advocate., 1897-06-23
SYLLABUS.


KANSAS COURT OF APPEALS,
SOUTHERN DEPARTMENT, EASTERN DIVISION.
/, W. 0. Champe, Clerk OF the Kansas Court
Of Appeals, Southern Department, Eastern
Division, do hereby certify that the foregoing
are true and correct copies Of the syllabi Of
the decisions in the above entitled cases as
the same appear on file in my Office.
Witness my hand and the official seal OF said
rsp,, court, this 10th day Of June, 1897
t'H"'I w. o. CHAMPE,
Clerk Kansas Court OF Appeals, Southern
Department, Eastern Division.
The advocate., 1897-06-23

DO read in evidence over the objection Of the
defendant.
non-expert witness as TO expectancy OF life of
plaintih.
8. The case made in this action examined
and held sufficient as against a motion to
dismiss
Error from Barber County.
The advocate., 1897-06-23
AFFIRMED.
SYLLABUS.
MILTON J.

While the liability Of the officers and di.
rectors OF bank, under section 40G, general
statutes OF 1889, for receiving deposits or con-
tracing debts while the bank is insolvent is
In the nature of penalty, and may be lmme.
diately enforced against such bank officers
without first proceeding against the bank
Itself, 1t does not authorize an attachment
action against director on q contingent liza
bility OF the bank growing out of It's having in.
dorsed and guaranteed the payment Of notes
OF third party which have not yet matured,
Notwithstanding an allegation in the petition
that the maker Of the note "is insolvent" and
that the bank was lnsOlyent and known to
the director who Is sued TO have been insoly-
ent when the notes were so indorsed and
guaranteed, and the money for them paid by
plaintiff to the indorser.
Error from Butler County
The advocate., 1897-06-23
Published June 9s, 1871
Appellate Court SyIIabi.

Kansas Court OF Appeals, Southern Depart.
ment, Eastern Division,
No. 148
The Missouri Pacific Railway Company, plain
tih in error,
vs..
NJ. d. Hartman and Ina Mead, administrators
Of the estate OF J. d. Mead, deceased, de-
PENDANTS In error.
Error from Bourbon County District Court
AFFIRMED.
SYLLABUS BY THE COURT. MILTON, J.
The court properly rendered Judgment
against plaintiff upon his statement OF his
case, such statement showing that he was not
entitled TO the relief sought Noble v. Frack,
Kan. App, As Pac. -, distinguished
All the Judges concurring.
A true copy.
Attest W.O. CHAMPE,
lsEAL1 Clerk.
The advocate., 1897-06-23
Kansas Court OF Appeals, Southern Depart.
ment, Eastern Division

Kansas Court OF Appeals, Southern Depart.
ment Eastern Division.
Nom
The City OF Fort Scott and the Kansas City,
Fort Scott Il Memphis Railroad Company,
plaintiffs In error,
Q. q. Peck, administrator OF the estate OF d.
0. Peck, deceased, defendant in error.
Error from the District Court Of Crawford
County.
AFFIRMED
SYLLABUS. BYTHE COURT. MILTON, ].
4, Where, In an action for damages brought
by an administrator, plaintiffs intestate was
killed by being crushed between the timbers
OF railroad trestle above public street, In
. city OF the first class, and the top Of an ON.
nlbns ON which the deceased was riding
while engaged in his business as driver ok
the vehicle, on bright moonlight night, and
where the evidence shows that the deceased
was familiar with the streets In question, and
had frequently driven hacks and wagons
under said trestle, but falls TO show that he
had ever driven an omnibus Hereunder or
that his attention was ever CALLED by anyone
10 the risk OF 80 doing Held, that the de.
murrer to plaintiffs evidence on the ground
shat it proved such contrtbutory negligence
on the part OF deceased as TO prevent a re.
cOyery, was properly overruled.
2. Where the evidence tended TO prove that
o railroad trestle which passed over a pub
lie street In city OF the first class was
always 80 low that it necessarily impaired
the usefulness Of the street and that the city
permitted such tTestle 60 be built and main.
tAined, and where the evidence further tended
10 prove that the injury alleged in plaintiffs
petition resulted from Che insuthciency Of the
The advocate., 1897-06-23
AFFIRMED.
SYLLABUS.
BY THE COURT. DENN1sON, p. J.

SYLLABUS BY THE COURT. DENNIsON, P. J.
l., Where person gets upon railroad srain
at station eight or nine miles distant from
his home, and is unlawfully evcted from
such train about mile and a half from said
station aud about seven miles from his home
at about 10 a'clock on a dark, stormy night,
with but three cents in his pocket, 1t is not
error for the court TO refuse to instruct the
jury that said passenger should have returned
TO the station at which he boarded the train,
instead of continuing his journey home.
2. Where person whose duty it is 60 sell
railway tickets is temporarily absent from the
ticket office, and such Office Is not open in the
manner required by the statutes so as 60
permit the charge OF excess fare under the
statutes then In force; and where the passen-
ger, by reason thereof, has failed to procure
Ticket and is evicted from the train by
the conductor upon his refusal to pay
the excess fare, which eviction is done In q
gentlemanly manner and without any acts of
abuse or violence, aud in the absence Of any
wanton mistake or malicious motive Held,
that there is no such showing OF gross n0gll.
gence or OF a want0n disregard OF the rights
OF the passenger, as will entitle him to re-
cover exemplary damages.
8, Its the province Of jury to decide upon
The advocate., 1897-06-23
Kansas Court Of Appeals, Southern Depart
ment, Eastern Division

Kansas Court Of Appeals, Southern Depart
ment, Eastern Division.
No. l6l
The City Of Paola, plaintin In error
Ys.
Mary G. Hampton, defendant in error.
Error from District Court of Miami County.
AFFIRMED.
SYLLABUS. BY THE Court. MILTON, j.
l. An Appellate Court cannot inquire into
the question OF negligence In damage action
whore the Issue was properly submitted by
the trial court and no exceptions were taken
by either party to tho instructions given, and
the trial court rendered Judgment for the
plaintiff upon the verdict Of the jury which
was in his favor the evidence tending TO
prove the allegations Of plaintiffs petition.
2. The instructions which were refuse were
either included In the general charge or were
not applicable under the facts proven and
were properly refused.
All the Judges concurung.
A true copy
Attest w. o. CHAMPE,
[sEALl Clerk.
The advocate., 1897-06-23

Kansas Court Of Appeals, Southern Depart
ment, Western Division.
The Atchison, Topeka Il Santa Fe Railroad
Company plaintiff in error,
David NJ. Chenoweth and George Maxted, de.
PENDANTS In error.
Error from Comanche County
MODIFIED.
SYLLABUS. BYTHE COURT. DENNIsoN, p. J.
/. Where there is some evidence introduced
! tending 10 sustain each material allegation of
the petition, a demurrer to the evidence
should be overruled, and such evidence Is
properly submitted TO the Jury.
| =. cause OF action arising In tort is not as.
signable, and the fact that the attempted
assignment Is made TO one who Is already i'm
terested in the loss, does not take 1t out of the
rule.
Opinion fled June IS, 1897
All the Judges concurring.
A true copy
Attest; E.J. wEsTGATE,
! lsEALl Clerk.
BY G. L. GARRIGUEs, Deputy
Kansas Court of Appeals, Southern Depart.
ment, Western Division.
No. 1O3.
Douglass Mitchell, OF al, plaintiffs In error,
vs..
Ripley 4 Bronson, defendants In error.
Error from Ford County.
AFFIRMED.
SYLLABUS. BY THE COURT. DENNIsoN, ?. ].
1. The question of statutory bars Is a matter
OF defense and, unless the pleading5 show
upon their face that the cause Of action can
not be maintained, they must be specially
pleaded.
2. Where allegations in the answer are In
consistent with each other, the defendant is
bound by those against him. (Bierer vs..
FretZ, 30 KS. 329)
3. Permission to file an amended answer is
q matter largely in the discretion of the trial
court, and there is no abuse OF discretion In
this case.
Opinion fled June IS, 1897.
Schoonover, j., cOncurTing.
counsel
true copy.
Attest Z. J. WESTGATE,
SEAL Clerk.
By G. L. GARRIGUEs, Deputy.
Kansas Court of Appeals, Southern Depart.
ment, Western Division.
No. 90.
The City of Syracuse, plaintiff in error,
V5.
W. f. Reed and Darius Reed co-partnership,
defendants in error.
Error from Hamilton County.
AFFIRMED.
SYLLABUS. BY THE COURT. MILTON, J.
l. A party is bound by the allegations OF his
and Is not entitled TO recover judg-
ment against one OF two defendants, as a City
Treasurer, when the petition alleges that the
defendants are Jointly indebted to plaintiff as
o banking firm; but must recover against both
defendants or wholly fail in the action, and it
was proper for the trial court to SO instruct
the jury.
2. No error in refusing the instructions
asked for by plaintiff.
Opinion fled June IS, 1897
ALI the Judges Concurring.
A true copy.
Attest; E. J. WEsTGATE,
[sEALl Clerk
BY G. L. GARRIGUEs Deputy.
Kansas Court of Appeals, Southern Depart
ment, Western Division.
No. 97.
Atchison, Topeka & Santa Fe Railroad Com
pany, plaintiff in error,
A. J. Lamoreux, defendant in error.
Error from Stafford County.
The advocate., 1897-06-23

plalntlh.
s. The case made in this action examined
and held sufficient as against a motion to
dismiss.
Error from Barber County.
Kansas Court Of Appeals, Southern Depart
ment, Central Division.
No. 130.
William HardwIck, plaintiff in error,
| Vs.
II. Rutter defendant I'm error
AFFIRMED
SYLLABUS. DENNIsoN, p. J.
| /. A bill OF particulars which says: "Wm.
| liardWlCk, Dr., to H. RutteT, for loss Of cattle
by Texas foVer and damages to PASTURE three
| hundred dollars (S300)," Is sufficient TO chal-
lenge the judicial examination OF the Justice
| and 10 Is not error for the District Court to
allow such billiof particulars TO be amended
In case which has been appealed to said
court.
@ When certain exhibits which were intro
duced In evidence are not contained in the
record, we cannot say that the evidence is not
sufficient to sustain the verdict.
Error from Greenwood County
Kansas Court of Appeals, Southern Depart
ment, Central Division.
No. 1863.
FT Preston, plaintiff in error,
vs..
The Barber Asphalt Paving Company, defend
ant In error
DISMISSED.
SYLLABUS. SCHOONOyER. ]
The certificate Of the Judge OF the District
or Superior Court trying u case involving less
than 500 to confer jurisdiction must be in.
corporated in the record presented to this
court.
Error from sedgwick County.
Kansas Court OF Appeals, Southern Depart
ment, Central Division.
No. Az.
Atchlson, Topeka e Santa Fe Railroad Com
pany, and the Chicago, Kansas and Western
Railroad Company, plaintiffs In error,
Vs.
Il. A. Anderson, defendant in error.
DISMISSED.
The advocate., 1897-06-23
SYLLABUS.

l. That person has "served once already
on jury as a talesman on the trial OF any
cause" Is by statute principal ground Of
challenge, and 1t was error In this case to
overrule challenges on that ground.
2 In an action for the recovery of damages
on account Of personal injuries Ii is error to
permit witness, over objection, TO give his
opinion as to the amount OF damages suffered
by plaintiff
3. Where witness resided in o county
where the trial was held, and where Ii APP
peared that he was present In the county at
the time OF the trial, and that no effort was
made TO secure his attendance at the trial,
and no reason was shown for his non.attend-
ance, II was error to permit his deposition 90