davidaulloa/AmericanStories huggingface dataset:
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1897-05-10

The best way to buy any
thing is to borrow it first.
Get package of Schillimg's
Best tea of your grocer. He
pays you your money back il
you don't like it.
That's our way of lending.
A Schilling & Company
san Francisco
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1897-05-10
Blood

This is also the reason for the great popu-
larity Of Hoods Sarsaparilla as building
up medicine. BY making pure, rich blood,
it gives vigor and vitality even in try
ing seasons, when, owing to impover-
ished blood, thousands are complaining OF
weakness and WEAKNESS, lack OF energy
and ambition, and that tired feeling
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1897-05-10

The most favorable soil for the
growth of
The advocate., 1897-07-14
REVERSED.
SYLLABUS.

SYLLABUS. BY THE COURT. JOHNSTON, J.
/. An insolvent company made an assign
ment for the benefit OF creditors, It had
assumed an indOrsers liability on notes trans
ferFed 20 others and which had been secured
by mortgages. After the assignment an action
was brought In another county TO recover
upon the notes against the makers and the
indOraer, and also TO fOrecl0se the mortgages.
Before Judgment was rendered In that action
notice was given by the assignee requiring all
creditors to present their elaine on certain
day, and in response to the notice the holders
OF the notes presented their claims, but the
assignee refused TO allow them. Appeals
were taken from the decision OF the assignee
to the District Court Thereafter, and before
the appeals were heard, judgments were rem
dered upon che notes In the foreclosure action
against the assignee and the estate: Held,
that the rendition of the judgments did not
terminate the appeals, but the pleadlngs hay
ing been amended 80 as 10 show that the
claims had been merged In judgments, it was
the duty Of the court upon appeal TO allow 80
much OF the judgments as remained after
crediting all payments made thereon, and also
the amounts derived from the sale OF mort
gagged property. Held, further, that the claims
should be- classified and the holders OF the
same should be first compelled to resort TO the
fund derived from the special liens, and only
allowed dividends upon the amounts remain
Ing unpaid after eXhausting such fund.
g The assignee having been o party In the
foreclosure action, the Judgment rendered
therein against one Of the claimants Is final
adjudication as to the validity Of the claim
and the liability Of the company.
All the Justices concurring
A true copy.
Attest: JNO. MARTIN,
[sEALl Clerk Supreme Court.
The advocate., 1897-07-14

the land and makes substantial improve
ments thereon, meanwhile II increases In
valne, and such possession is retained Tor
nesrly twenty Yeare, and never agreed TO be
surrendered but the purchase money notes
were never paid, and their collection 10 now
barred by the statute OF limitations: Held,
that the vendor cannot during the non -occu'
pancy OF such land by the yendee, lawfully
Te.enter possession and hold IL merely be.
cause Of the non.payment Of the notes; and
further held, that in the event he does 80 re-
enter, ejectment by the yendee will lie 10 re-
cover possession.
All the Justices concurring.
A true copy. ,
Attest: JNO. MARTIN,
IsEALl CIeik Supreme Court.
The advocate., 1897-07-14
No. 1O754.
state Of Kansas
The Board of County Commissioners Of the
County Of Scott, In the State Of Kansas.
Error from Scott County.
REVERSED.
SYLLABUS.

SYLLABUS. By THE COURT. JOHNSTON, ].
1. The statutory provision that the Commits.
stoners for the management and Investment
OF the State school funds "shall not invest in
any bonds which, together with the other out
standing indebtedness, shall exceed ten per
cent. OF the assessed valuation of said munici-
pal corporation" 1s binding requirement on
those officers which cannot DO safely ignored;
but II the Commissioners should consciously
or unconsciously violate this provision and
purchase municipal bonds in excess OF the
limitation, the municipality will not be re-
lieVed from the payment OF the bonds so
purchased.
g. County Commissioners have no authority
to convene as board away from the county
seat and beyond the limits Of the county to
compromise and refund the county indebted
ness but where they do 50, and refunding
bonds are issued In good faith to pay off q
valid indebtedness, which is Cancelled and
surrendered, and subsequently an entry is
made In the Journal Of the proceedings of the
board which indicates that the meeting was
held at the county seat and that all the pro-
ceedings were regular, and where the bonds
are subsequently purchased by the State, an
innocent purchaser, and the Board OF County
Commissioners thereafter and for number
Of years levies and collects taxes for the pay
ment Of interest upon the refunding bonds,
and actually pays the same to the State, there.
by recognizing and rectifying its invalid
action in issuing the bonds beyond the limits
OF the county: Held, that the trregularity and
inValidity are thereby cured and the county
is estoppe1 from denying Its liability upon
such bonds
8 Riley " Garfield Twp, IS Kan.-followed.
Allen, J. COncurring.
Doster, @. j. not sitting.
A GFue copy. .-
Attest JNO. MARTIN,
[sEALl Clerk Supreme Court
The advocate., 1897-07-14
No. 1O77i.

The Missouri Pacific Railway Company
Vg.
The Estate Of Lucy Bennett, deceased, ct al.
Error from the Court OF Appeals, Northern
Department..
AFFIRMED.
SYLLABUS. BY THE COURT. JOHNSTON, J..
While a railroad company may suggest to
the Probate Court the tnvalid1ty OF the ap-
pointment OF an executor or administrator
who proposes 60 prosecute q claim against the
company, IL is not entitled to an appeal from
the decision OF the court refusing 60 revoke
such appointment.
All the Justices concurring.
A true copy
Attest: JNO. MARTIN,
[sEAL1 Clerk Supreme Court.
The advocate., 1897-07-14

good faith and without knowledge that an as.
signment was In contemplation VIII not
validate the mortgage nor exclude tie prop
orty from the operation OF the assignment
All the Justices conourrlng.
A true copy. -
Attest: JNO, MARTIN,
tsEALl Clerk Supreme Court.
The advocate., 1897-07-14
No. lOO4l.
Bayha, Barber & List
va.
Morrison MumfOrd, es al.
Error from Shawnee County.
AFFIRMED.

SYLLABUS. By THE COURT. JOHNSTON, ].
/. For the purpose OF affecting the credibil-
fly Of witness produced by the pla1nt1hs, ls
"a competent for the defendants 20 introduce
an authenticated record showing conviction
for felony OF person OF the same name 9s the
witness without other proof that the person
convicted was the same one who sesGlneo 90
a witness In the case.
q Ordinarily, identity OF name Is primo ldcie
evidence OF identity OF person, and it dayolves
upon those who deny the identity 80 over
come the presumption by proof.
g. Evidence examined, and held 70 be sunni
ciene TO support the findings and Judgment Of
the court
All the Justices coneurring
Attess. JNO MARTIN,
IsRALl Elpgk SNnreNp Cont
The advocate., 1897-07-14

It is ann ounCed that the Santa Fe
will discontinue the issuance OF passes
to employee relatives, but win give q
cus-tbirR Fste ipFtqsG,
The advocate., 1897-07-14
AFFIRMED.

SYLLABUS. BY THE COURT. JOHNSTON, J..
1. A will is to be construed not alone by it's
language, but by the condition OF the testa
tors family aud estate, and the judicial ex-
positor should put himself as far as possible
In che position OK the testator and take into
consideration the circumstances surrounding
him when the will was executed.
2. After certain specific bequests the will In
question contained the following provision: !:
ITO my beloved wife, Ellen H. Foster, all the
residue OF my real and personal property, to
have and to use and to dispose OF during her
natural life, and after her death TO be divided
equally among my three youngest heirs,
namely, Almeda Elizabeth Foster, James
Munroe Foster and Martha Jane Foster"
Held, that the provisions gave q life estate TO
the widow with the added power to dispose
Of the fee, and the property 1ndisposed OF by
the widow would at her death descend to the
three heirs.
8. Ie is q general rule that q will should be
construed so as TO give effect to every party
thereof, providing an effect can be given TO 10
which appears TO be consistent with the gem
eral purpose OF the testator as gathered from
the entire instrument.
All the Justices concurring.
A true copy.
Attest: JN0. MARTIN,
[sRALl Clerk Supreme Court.
The advocate., 1897-07-14
Published July "A, 1871
Supreme Court SyIIabi.
No. 1856.
George NJ. Noble
VS..
Carrie Teeple, et al.
Error from Neosho County
AFFIRMED.
sYLLARus.

SYLLABUS. BY THE COURT. DosTER, G. J.
The last will Of a father executed before the
abrOgation Of estates by Joint tenancy by the
aot OF 1891, which reads, 81 bequeath TO my
son Thomas the sum OF one dollar, and TO
Amanda Anne. wife OF my SON Thomas, and
h8r children, bequeath the Fisher farm,
will be construed to create joint tenancy In
the mother and children, and 10 evidence an
intent TO exclude the son from any inheritable
interest In the land under the statute OF de-
scents, as tho heir of the wife or children,
there being no other words In the Will from
All che Justices concurring.
A true copy. -..
Attest: JNO. MARTIN.
fsRALl Clerk Supreme Court.
The advocate., 1897-07-14
No. $3.50.

The Security Investment Company, ct al,
va.
The Richmond National Bank, OF al.
Error from Mitchell County.
REVERSED.
The advocate., 1897-07-14
No. lOl04.
Joab Mulvane
We,
Mary Ann 0'Brlen, adminlstratrix OF the
estate Of Michael O'Brlen, deceased
Error from Shawnee County.
AFFIRMED.
SYLLABUS. By THE COURT. DosTER, @. ].
SYLLABUS,

SYLLABUS By THE COURT. DosTER, G. ].
Where the stockholders Of a corporation,
being Ignorant OF the selling value Of their
stock, authorize the president Of the company
to find purchaser and effect q sale OF their
shares at par, and such president at and be.
fore such time was In secret correspondence
and negotiation for the sale of the stock,
with view TO q large profit 90 himself, and
by affirmative acts and Misrepresentation
concealed his transactions frCm the sto ok
holders, and effected a sale Of their stock for
a sum largely in excess Of par, he cannot re-
tain such excess, but must account TO the
stockholders for the profits made, notw1th-
standing he had stated TO them that he
would retain for his services as agent any
sum realized above that for which he was
authorized to sell.
All the Justices cOncurring
A true copy
Attest: JNO. MARTIN,
[sEALl Clerk Supreme Court.
The advocate., 1897-07-14
Error from sedgwlck County.

REVERSED.
SYLLABUS. By THE COURT. DosTER, 9. J.
The flndings Of Justice Of the Peace, made
upon the preliminary trial OF person charged
with crime, that the complaint OF the prose.
cutting witness against the accused was mali.
ciops and without probable cause, cannot, In
q suit for malicious prosecution, brought by
the accused against tho prosecuting witness,
be received In evidence in support Of the
claim OF lack Of probable cause.
All the Justices concuuing.
A true copy.
Attest: JNO. MARTIN,
IsEALl Clerk Supreme Court.
The advocate., 1897-07-14
No. 0852.

The Solomon Solar Salt Company
VS..
NJ. w. Barber.
Error from Saline County.
REVERSED.
SYLLABUS. BY THE COURT. DosTER, G J..
/. A promissory note, having q memoran.
dun endorsed thereon that 1t is made In ac-
cordAnce with and subject TO the terms OF a
certain letter, does not constitute the whole
of the contract between the parties thereto.
The letter referred 10 is an Integral part OF
such contract, and It's contents must be al.
legged and proved In order to recover upon the
note.
q A pEomisgoFy note, executed in behalf OF
manufacturing and trading corporation, by
all OF its directors, who are alsO Gil Of its
stockholders, In payment for the shares owned
By one of such stockholders, purchased by
and for che benefit Of the others, cannot be
repudiated by che corporation as an ultra UirCs
transaction.
All the Justices coneurrlng.
A true copy,
Attest: JN0. MARTIN,
EsRALl Clerk Supreme Court.
The advocate., 1897-07-14
1880

Thomas H. Davis, administrator, etc,
Vg.
w. NJ. Clark, OF al
Error from Saline County.
AFFIRMED.
SYLLABUS. BY THE COURT. JOHNSTON, J.
l. The liability Of an administrator for fail
ure 20 pay over money OF the estate 10 his sue.
cessor when ordered 20 do so by the Probate
Court is one created by statute, and an action
thereon by the administrator de bOnis non
against the suTeties upon the bond Of the
former administrator can only be brought
within three years after the cause OF action
has accrued.
O. The absence from the State OF the prlnci-
pal does not suspend the running OF the stat
ute Of limitations in favor OF the sureties;
they are seVerally liable and are seVerally en-.
titled to the protection Of the statute.
All the Justices concurrlng.
A true copy.
Attest: JNO. MARTIN,
[sEAL] Clerk Supreme Court
The advocate., 1897-07-14
No. lOls5.

Theodore Martin, executor, etc,
VS..
The Missouri Pacific Railway Company.
Error from Cloud County.
AFFIRMED.
SYLLABUS BY THE COURT. JOHNSTON, J.
An action for personal injuries not resulting
In death survives to the personal representa-
tives under section 420 Of the civil code, where
the injured person dies from other causes.
II death results from the injuries en- action
cannot be maintained by the personal repre-
sentative of the deceased for the benefit OF the
estate, but may be brought under section 422
Of the civil code for the benefit OF the next Of
kin. (McCarthy v. Rid. Co., Is Kan, 46;
Eureka v. Merrifeld, SO Kan, 794.)
All the Justices concurring.
A true copy.
Attest: JNO. MARTIN,
[sEALl Clerk Supreme Court.
The advocate., 1897-07-14
No. 9673.
J. f. Cottrell, ct al,
Vs.
0. Manlove, OF al.
Error from Miami County
REVERSED.
No. 0678
REVERSED.
SYLLABUS.

SYLLABUS. BY THE COURT. DosrER, G. j.
Under section "A, chapter o., general stat.
utes 1889, right OF action accrues In favor OF
the creditors OF corporation, and against its
stockholders, upon the occurrence OF It's dis
solution. The liability Of such stockholders
under this section, and also under section 80
OF the same chapter, is one created by statute,
the period for the enforcement OF which is
three years, and the creditor cannot extend
such period by proceeding under said section
80 10 obtain judgment against the dissolved
corporation or It's trustees, and execution
against Che stockholders, instead OF proceed
ing by direct action against the latter
All the Justices concurrlug.
A true copy,
Attest JN0. MARTIN,
[sEALl Clerk Supreme Court.
The advocate., 1897-07-14
No. lO66O.
No. l0660.
s.. Peak
va.
The Lenora State Bank.
Error from the Court OF Appeals
REVERSED.
SYLLABUS.

SYLLABUS. BY THE COURT DosTBR, c. j.
A homestead claimant, owning more than
one hundred and sixty acres Of land, who at.
tempts under the statute, section 9, chapter
80, volume /, general statutes 1889, to select as
his exemption, one hundred and sixty acres
upon which he does not reside, but portion
OF which Is connected by contiguous tracts
with the one upon which he does reside, Is
not to be denied an exemption in such por-
tton as is thus connected, merely because he
omits TO claim It In connection with the tract
upon which he lives; and in such case, on
motion by him to vacRte q SherifPs sale Of the
land claimed as exempt the court should put
him to his election between such parts Of the
claimed land, as can be 80 connected with the
tract upon which his dwelling house is sit
uated and should sustain his motion to va.
cate as to such portion.
All the Justices concurring
true copy.
Attest. JN0. MARTIN,
lsEALl Clerk Supreme Court
The advocate., 1897-07-14
No. 1O7S2.
State OF Kansas
vs..
Bull Geary.
Error from Wyandotte county.
AFFIRMED.

/. After Justice OF the Peace has certified
to the court the record OF preliminary ex.
animation of an accused person, held by him
for trial upon q charge Of crime, he may, upon
such trial, by leave OF the court, complete
such record In any respect In which tt is de-
hcient, by additional entries therein not in
consistent with the record as previously made
and certified.
2. Under the statute relating to the selec.
tion, summoning and service OF jurors, In
counties having over thirty thousand lnhab'
iGants, chapter 166, laws 1887, the court may,
as In like cases In other counties, complete q
jury panel from among the bystanders when
there shall not be regular jurors enough pres
ent for service.
All the Justices concurring
A true copy.
Attest; JN0. MARTIN,
[sKALl Clerk Supreme Court.
The advocate., 1897-07-14
No S74S.
J.C. Sturtevant
Vs,
Louis Sarbach assignee, etc.
Error from Jackson County.
AFFIRMED.
SYLLABUS. BY THE CoURT. JOHNSTON,

/. Mortgages made and preferences at
tempted BY an assignor in connection with
and as part OF general assignment for the
benefit OK his creditors are invalid, but they
will not necessarily destroy the validity OF
the deed OK assignment nor affect the pro rata
distribution OF Che assigned estate among the
creditors.
a Whom the assignment and mortgage con
stitnta 4 continuous and single transaction.
thR RssS thAt Ehe laQgsgase may haYq Acted iN
Belding banner. (Belding, Mich.) 1889-1918, 1897-11-04
At Sea In a Coffin.

1t was the French assassin Lupi
who escaped to sea from Cayenne in
coffin He managed to get some nails,
tar and cotton, and one dark night he
got into the coffin shed He selected
fine, stanch and seaworthy coffin, fas-
tened the lid in order to turn it into a
deck, leaving a cockpit sufficient to en-
able him to crawl in He calked all the
joints as we'll as he could, and when
this work was finished he made pair
of paddles out of two planks. Then he
brought out his craft with great precau-
ton. Without much difficulty he reach
ed the waters edge Silently and slowly
he proceeded in the hope of reaching
either Venezuela or British Guiana, 100
nautical miles distant Fortunately or
unfortunately for Lupi the steamer
Abeille, returning from the Antilles, off
Paramaribo, picked him up, half drown
ed and almost in fainting condition.
and few hours later he was in irons
in his cell. San Francisco Argonaut.
Belding banner. (Belding, Mich.) 1889-1918, 1897-11-04
A Solicitor of Patanta.

Miss Edith J. Griswold of New York
city is "A solicitor of patents, and she
carries on her business III a room on the
fifteenth floor Of one of the big down
town Office buildings. Although Miss
Griswold is youthful in appearance she
has been in her present business for IL
years. After being graduated from the
Normal college III 1883 she took spe-
cial course i'll mathematics and patent
Office drawing, taught mathematics for a
year and studied patent soliciting Since
she started out in business for herself
she has been very successful. Miss Girls
void not only obtains patents for people
all over the United States and i'll for
eign countries, but gives opinions on
patents and trademarks, and in what
leisure she secures is studying law, with
the intention of passing the New York
bar examination. With all her work
Miss Griswold finds plenty Of time for
exercise. She rides a wheel, is "a fine
swimmer and practices several other
branches Of athletics.
Belding banner. (Belding, Mich.) 1889-1918, 1897-11-04
The Popular Jacket For Next Winter.

"The tendency of the winter jacket
Is toward the blouse effect, which is OBJ
tanned by darts, " writes Isabel A. NAL
lon in The Ladies Home Journal.
"Yokes, collars, cuffs, pipings in fur,
whether it be mink, Persian lamb, err
mine, sable, silver and black fox OF
monkey, will be popular Velvet and
silk braid of all widths are much used
Satin cloth is really the novelty of the
day and obtains in heliotrope, green,
mode, golden brown, silver gray, royal
blue, dove and lincoln green In this
are seen not only the fur decorations
mentioned, but also a very thick, coarse,
black wooden braid and tiny straps of
leather matching or contrasting with
the cloth in color. Collars continue
high, are gored and undulating and
may be lined with fur, velvet or lace.
Vatican effects are Seen Capes will
continue to be worn. The novelty in
their trimming is fiounce Of the same
material about the edges described by
the French modiste as 'cut in round. ,"
Belding banner. (Belding, Mich.) 1889-1918, 1897-11-04
Initiating Ground Glass.

For bathroom door or window or any
place where ground glass Is needed the de.
sired effect may be gained easily and in
extensively. Any one who has been un-
fortunate enough to break a pane Of glass
of this sort knows by experience how much
more costly it is than ordinary window
glass.
TO initiate ground glass a diamond pat
tern is simple and satisfactory. Prepare
an ordinary pane of glass by first having
IL thoroughly clean and dry, and then COW
or on the inside with "A coat of white lac
varnish Fold piece of white tissue paper
the size of the pane lengthwise over and
over again, as one used to do in cutting
out the kind Of paper dolls that were al
ways united like the Siamese twins. Make
a diamond pattern from piece of stiff
cardboard and cut out this pattern through
the several thicknesses of tissue paper, put
this on the glass, give another coat Of
white lac varnish and after the few min.
utes 1t takes to dry the work will be com.
plete. The first coat of varnish should be
still damp when the paper is applied.
Belding banner. (Belding, Mich.) 1889-1918, 1897-11-04
Earache.

Earache Is such "a common symptom,
especially la children, that domestic remo-
dies are often used until the disease de-
mands the advice of specialist BY that
time often great harm has been done aud
perhaps serious consequences have resulted.
DIR. f. w. Hinkel calls attention Co the
grave significance of carache and the inn
portance of early treatment. Earache In
children may be the first indication of an
approaching meningitis.
An earaohe should not be passed over
with superficial examination, but the
child should be given hot footbaths and
put to bed. The bowels should be freely
acted ON. Hot, dry applications are better
than moist ones. Ii Is better not To inject
solutions of laudanum, morphia or cocaine
into the ear. Opiates, too, often mask
the pain and conceal the real trouble. De
lays are dangerous, and in case of an
proaching rupture the tympanum should
be freely incised. No physician should
ever hesitate TO call In an aurist when in
doubt. -Exchange.
Belding banner. (Belding, Mich.) 1889-1918, 1897-11-04

The recent sudden death of Mary
Kyle Dallas of New York was shock
and sorrow TO a host of friends and
admirers. For many years she was a
contributor to the New York Ledger
mt large salary, and also wrote short
stories for Lippincott. Latterly her work
has been seen in the daily papers, and
her essays ON women for the American
Press Association commanded wide at
tention. Mrs. Da las was member Of
Sorosis, the. first vice president of the
Woman's Press club and prominent
member of the Hidden Hand club,
whose purpose is to expose the fake adj
vertisements which prove snare and a
delusion to unsuspecting women. Mrs.
Dallas was tall, with "a beautiful, aris-
tocratic face and stately bearing, while
her manner was so gracious and her
acts so kindly that she endeared herself
to all who knew her. She was 90 years
of age and began to write at the age Of
8, when she composed a play that was
produced in her fathers kitchen. In
1888 she estimated that she had written
and sold at least 5000 stories and as
many sketches. Boston Woman 8 Jour
nal