davidaulloa/AmericanStories huggingface dataset:
The Advocate and news., 1898-01-19
No. 1O4OS.
The New Hampshire Banking Company
VS..
William Ball, ct al
Error from Kingman County.
REVERSED.
Opinion.

The plaintiff in error sued to foreclose
a mortgage on real estate. One of the
defendants died, and an order Of reViVor
was procured. The defendants moved to
dismiss with prejudice to a future action
because the order of revivor was irregu-
larly obtained, and because the time for
Redistribution of the suit was barred by
statute. Pending the decision Of this mo-
ton the plaintif offered to dismiss the
action without prejudice to the institution
Of new one, which the court refused to
allow 1t to do, and evidence was then taken
on defendants motion to dismiss with pref
udice. This motion was sustained. Error
was prosecuted to this court, from these
proceedings and the judgment reversed
The New Hampshire Banking Company
VS.. Ball, 81 Kan. Sl2 While the case was
pending in this court the plaintiff brought
another action for the foreclosure of its
mortgage To this action the proceedings
and Judgment had on the hearing of the
first action were interpOsed in bar. The
plea Of res adjudlcata was sustained from
which the plaintiff again prosecuted error
to this court.
AS held on the former hearing the right
of the plaintiff to dismiss its action was
absolute. The question now presented is
whether the order refusing the dismissal
was non-jurisdictional. We think 1t was
When the motion to dismiss was made
and called to the attention Of the court
its jurisdiction over the parties and the
subject matter Of the action was at an
end for all purposes, except, to render
and enter a formal order Of dismissal.
There are two cases which may seem to
initiate against these views, but the facts
Of both of them are quite dissimiar Ober-
lander VS.. COnfrey, 80 Kan. 1852; Allen VS..
DOdsOn, 80 Kan. 220 In neither of these
cases was the motion to dismiss called to
the attention of the court, so as to in
woke its action and terminate it's jurisdlc-
tiOn. In one of them the motion to dis
miss was merely filed among the papers.
In the other the plaintiff noted his dis
missal on the appearance docket. The
theory of these cases is that while the
plaintiff may as matter of right dismiss
his action, he must do so in accordance
with the regular forms of procedure, fail
ing to observe which the court retains
jurisdiction. The court, however, cannot
retain jurisdiction il the plaintiff dismisses
in compliance with prescribed forms, and
gives it an opportunity to note the with
drawal of the party from its jurisdiction.
The statutes give to the one who insti-
tutes the action an absolute right to with
draw from the jurisdiction he had invoked
If he desires to do so, and will signify his
desire in the proper way. The judgment Of
the court below is, therefore, reversed for
proceedings in accordance with this opin-
ion.
A true copy.
Attest: JNO. MARTIN,
[Seall Clerk Supreme Court.
The Advocate and news., 1898-01-19
Opinion.

Opinion. Per Curlam
The plaintiff in error was injured while
in the performance Of his duty as an en-
ploye OF the defendant in error. He sued
for the recovery Of damages. At the close
Of the evidence In his behalf, demurrer
to II for insufiieiency, to prove cause cause OF
action was made and sustained. The ac-
tion Of the court in sustaining the de-
murrer is the sole claim Of error made.
The record nowhere states that 1t con-
tains all the evidence adduced by the
plaintiff Repeated decisions of this court
have emphasized the necessity Of such
statement where the claims of error re-
quire consideration of the evidence. II
Is said, however, that where there Is
enough evidence to require the submission
of the case to the jury, and the sole COM
plaint Is that the court refused to submit
1t, no necessity exists for the incorpora-
tlon Of all of 1t into the record, or for the
statement that 1t Is all Incorporated; that
In such case 1t can be seen that sufficient
to the Jury, and the fact that the record
does not contain all such evidence, and
does not state that 1t contains all OF It,
Is, therefore immaterial. This would be
correct If the legal presumption could be
indulged in that the omitted evidence
did not retract that which had been
brought into the record, or did not show
its falaity, or neutralize its effect. But
negative presumpttons of the kind cannot
be INDUCED In. The errors must affirm
atively appear and not be negatively in
ferred. The question has been to this
court before, and was passed upon in the
same way. Wertz VS., Albrect, 50 Pac.
Rep'r, 500.
The petition in error is ordered dismissed
A true copy.
Attest: JNO. MARTIN,
[Seal1 Clerk Supreme Court.
The Advocate and news., 1898-01-19

there is SUFFICIENT testimony to sustain the
verdict and judgment, and this Is the main
question presented for review.
Errors are assigned to rulings made upon
objections to the admission OF testimony.
In some cases the objections are not as
specifc as they should be, and in none Of
the rulings do we find substantial error.
The judgment Of the District court will
be affirmed.
Attest: JNO MARTIN,
[Seal1 Clerk Supreme Court
The Advocate and news., 1898-01-19

first RENTED is not of necessity an evil
dence that the jury was influenced by pas
sion or prejudice
The judgment of the court below is af-
fiTmed
A true copy.
Attest: JNO. MARTIN,
lSeaLl Clerk Supreme Court.
The Advocate and news., 1898-01-19
No. 1882.
Il. A. Hay
W..
Milton r. Whitney, ct al.
Error from Franklin County.
AFFIRMED.
opinion.

Opl0lOn feT CuFIdIis
Placing upon the facts OF this case the
best possible construction for plaintin
In error they show the execution to him
Of contract by one part Of which con-
Veyance was made to him OF an eighty
acre tract of land, and by another part
Of which a. lease from year to year Of the
was made to him. With his family he
went into possession OF both tracts, but
by agreement with the lessor lived
In the dwelling house on the leased land,
and occupied 1t with his family for a num-
ber of years. Neither he nor any member
conveyed to him, and creditor now seeks
10 subject that tract to the payment of
his debt. To prevent this claim of home
stead interest is set up 1t cannot prevail
The only ground upon which It can be
sustained Is that a homestead interest
across the line between 1t and the decided
land, so as to embrace both tracts
Whether under other circumstances a
homestead interest can exist In leased
lands we need not determine. IT can
not exist in land held only under a
and which Is also occupied as a home
stead by the lessor at the same time.
BY the terms Of the lease the lessor pre-
served q continuing right Of occupancy
of the leased premises, and he actually
resided thereon with his family, and was,
homestead interest In such land. There
cannot be two hOmesteads In a single
tract of land belonging to different per-
sons at the same time. The judgment Of
the court below Is, therefore, affirmed.
( A true copy.
Attest: JNO. MARTIN,
tSeal.l Clerk Supreme Court.
The Advocate and news., 1898-01-19

JNO. MARTIN,
Clerk Supreme Court.
The Advocate and news., 1898-01-19
No. S8l9.

Jennie v. Andrews, ct al.
VS..
James A. Harron, ct al.
Error from Nemaha County.
AFFIRMED.
The Advocate and news., 1898-01-19
No. 1OlO2.
Frank G.. Qulnton
vs..
Frank Durein.
Error from Shawnee County.
REVERSED.
Opinion.

This was an application to open q judg-
ment obtained upon constructive service
only and to be let in TO defend. The appll-
cation was made In good time and an
answer was filed showing that the defend
ant had no actual notice Of the proceed
ings; alleging tender of the amount due
prior to the commencement of the pro-
ceedngs; and also alleging that the plain
TIFF, who is q resident Of Shawnee county,
though temporarily absent therefrom, with
the willful purpose of escaping taxation
on the note and mortgage upon which
judgment was obtained, had failed and
refused to give them in for taxation for
the years 1891, 1892 and lS9S and that they
had not been taxed elsewhere during that
time.
The answer was verified and no counter
afiidaVts were filed by the plaintiff,
The averments of the answer must be
accepted as true, and from the record it
appears that the defendant set up at least
"A partial defense, and brought himself
clearly within the provisions of Sec Il
of the code. He was, therefore, entitled
as a matter of right to have the judg-
ment opened and to be let in to defend
The judgment of the District court will
be reversed and the cause remanded with
the direction to open up the Judgment
and allow the defendant to make a de-
tense.
A true copy.
Attest: JNO. MARTIN,
[Seal.l Clerk Supreme Court
The Advocate and news., 1898-01-19
Published January 10, 1891
Supreme Court SyIIabi.
No. 10O76.
Stern, Lauer, Shohl e. Co.
vs.
Craig Bros. ct al.
Error from Brown County.
DISMISSED.
Opinion.

This proceeding cannot be considered by
the court for two reasons: First, the
plaintiffs in error have acqulesced In the
Judgment complained Of by accepting q
substantial part OF the amount awarded
10 them and, second, the amount In con-
troversy is less than $1,000, and the case
is, therefore, not within the jurisdiction OF
this court. Nor can II be certified to the
Court of Appeals, as II Is attached to an
other record fled In this court, both Of
which are attached to and based upon a
single case-made, O. practice which can
not be commended. The proceedings will,
therefore, be dismissed.
A true copy.
Attest: JNO. MARTIN
(Seall Clerk Supreme Court,
The Advocate and news., 1898-01-19
No. 1O39s.

No. 1O393
The Citizens Bank of La Cygne, Kansas.
VS..
Julia Wallace, administrators, etc
Error from Linn County.
AFFIRMED.
Opinion. Per Curiam.
An examination of the record shows that
The Advocate and news., 1898-01-19

No. 1O422
Bruce Cox
VS..
Chicago Rock Island & Pacific Railway
Company.
Error from Reno County.
DISMISSED.
The Holly chieftain., 1898-06-03

Here's Something New.
Ornament your home witha a picture
of the historic battleship MAINE" at
WHITES.
The Holly chieftain., 1898-06-03
Trans MIssIssippI and INTERIM alton
ar Exposition, ON aha, Mob.
Juno l-Nov. I. 908,

|. The following rates and arrangements
are authorized BY the A. T. & S. F. Ry.
Co, in the sale of excursion tickets to
Omaha and return for the aboye oeea.
sion:
For tickets limited to November 10,
the rate is so per cent OF double the
one way standard tariff fist class rate.
Dates of sale June ito October Is, in
elusive. Limit, continuous passage in
each direction. fnat limit November Is.
For tickets limi9d to CO.. days from
date OF sale but notlater than Nov. 10,
the rate is one and third STANDARD
lowest first class 3are for the round
trip. Date ofsa June to Oct. %,
inclusive. Limit continuous passage
In each directiol final limit % days
from date ofsal but not later than
Nov. l5.
W. BLAcK, G.. P. A.
The Holly chieftain., 1898-06-03
Wall paper from 8 cents up Rice's.

Wall paper from cents up Rice's.
| Geo. Wilson returned from down the
river Monday.
George Hollis has an elegant line
of wall paper.
Ed Seweil. of Coolidge. visited his
Holly friends Wednesday.
Granville Hurt, of Hurt. KaBs., was
in Holly Wednesday night.
Mrs. s. F. White and little son re-
turned from their visit in Kansas on
| Sunday last.
Mrs Denny Connolly paid years
subscription into the CHIgFTAIS treas
ury yesterday.
Wm. Rockwell and family have moy-
ed into j. l.. Wilson's residence in the
north part of town.
Charley Driscell left yesterday for
Cripple Creek. where he will visit his
father a short time.
Colonel Thomas Holland, of the Sal
'hAiSH AMY coiOhf, IttuTBeu TOUl'
New York last Tuesday.
4. l.. johnson has the finest stand of
cantaloupes in this vicinity. and his
ground is newly broken sod.
VIM. Dodson returned to Tribune
Monday having decided not to engage
in the saloon business in Holly.
Anyone wanting buggies, spring
wagons, etc, will do well to consult
K. K. Bennett, Holly, Colorado.
Ask J. :. McMurtry or John Duncan
for the story Of the "wbite rabbits" or
the Lady of the Moated Grange"
Don't fail to take advantage of
our liberal discount to cash buyers.
G. l. McPHERsoN.
Editor Tarbox and Paul Rich, OF
Coolidge, were in town Wednesday and
made the Chieftain Office a pleasant
call.
W. F. Crowley has been hauling
lumber out to his farms dnring the
week with which to make improve.
ments.
The Holly chieftain., 1898-06-03
HOME NEWS.
See the "Maine, WHITES.

See the "Maine" at WHITES.
Try sack Of George Hollis bes
flour.
DR.. Bogga. of Coolidge was in Holly
Monday.
Buy picture of the maine" of E. f
WHITE Il co.
Mrs. /. S. Millinger returned from
Topeka Sunday.
Old papers for sale at this office. >;
cents per hundred.
For first class hair cut aud shave
call on Ed. Swayze.
Hot weather this week. just the kind
to make the crops boom.
The Kansas City weekly Journal and
the Chreftain one year for $40
Frank Ctittenden and Con McAulf
of Coolidge, were in Holly Wed nesday
Chris C!asen went to lamar on Mon
day to transact some business and see
his friends.
G. s. Guy visited Syracuse on Non
day to help the band boys at the dec
Grafton exercises.
Mr.. and Mrs. E. A. Bannister and lit.
tie daughters Edna and Ella were in
town Wednesday.
Al Wilson and VIM. Simpson, of the
engineering corps, came down Sunday
to visit their friends.
j. j. FinaD of the NJ. X. & T. R,R. is
night operator here, having relieved J.
A. Daily last Thursday.
George Hollis carries a complete
line of furniture and undertaking
goods. Prices reasonable.
Y. b. Paramorer of Kendall, RaDs,
was here Wednesday and made appii-
cation to teach the Holly schools.
The Holly chieftain., 1898-06-03

Al. Thomas, who owns one of the
finest ranches on Horse creek, was do.
ing business in Holly yesterday. He
reports the grass the best he ever saw
and cattle are iattening very fast.
The Amity company is having an
addition built on the back of their
handsome cottage on Fifth street and
when completed the residence will be
occupied by DR.. Wilson and family.
Lee Watson and Robt. Reynolds, two
old time Holly boys, are now on their
way across the Pacific ocean, bound
for the Philippine islands, having en-.
listed in the Goth Kansas volunteers.
Our large and unsurpassed stock
OF Boots and Shoes has partly ar
rived. Call and examine before
purchasing elsewhere.
Z. l. MCPuERsoN.
If there should be any wild breaks.
misspelled words or inverted letters in
this weeks CHIKFrAIN our readers will
please overlook them as II is due to the
excitement caused by the arrival of a
twelve pound girl at our house yester.
day morning. Have cigsr.
Main street is almost blockaded at
times with emigrant wagons and the
road along the valley is constantly lin
ed with them. When this vast throng
is observed 1t would seem that almost
one-halfof the country's population is
on the move, either east or west.
large excursion of land seekers will
start from the vicinity of Quimby, Ia,
on June 9TH for this place. The excur-
sion has been gotten up bv W. S.Steel,
editor of the Quimby View. and will
no doubt result in the location of sew
eral more Iowa farmers in this section
Can it be possible? Well, if you
don't believe 1t, Just call at McPher-
sons and you will get 10 per cent off
of every dollars worth of Fall and
Winter goods you purchase for
cash.
]. Il. Sheppard and outfit brought y
residence down from Horace for Olaf
EnRstrom which they placed in tbs east
part of town on the lot owned BY Mr..
Engstrom. Mr.. Engstrom brought his
family along and as soon - he gets
comfortably located will cupy = po-
sition % clerk for s. F. vi ~ 4 Co.
Mr.. P. Ketchsm. Of Pike City, Cal,
says: During my brothe( late sick.
ness from sciatic rheumatism, Chamber
Iain's Pain Balm was the only remedy
that gave him any relief" Many 9TH
ers have testified 10 the prompt relief
rom pain which this liniment Affords
For sale by G. i. xsPHSasos.
The Holly chieftain., 1898-06-03
\ Caroad Of Barbed
Wire at bedrock price.
C.. H. ADAMS.

Mr.. and Mrs. A. L. johnson went tc
Tribune last Sunday to attend the dec
oration exercises. They returned Tues
day.
If you like to haye good bread
get sack of George Hollis bes,
four. Guaranteed to give salts
ia ction.
j. b. Harden returned from Tribune
Tuesday, accompanied by his sister
Mrs. J. U. Brown, who will visit her
folks here for while.
Call and examine that elegant wall
paper at George Hollis Any design
or quality to suit the most tastidious.
at the lowest possible price.
If your watch, clock, or Jewel.
ry needs repairing send it to Apple.
gate at Lamar and get a first class
job done. All work guaranteed.
Theo. Baxter and family left over
land yesterday for few months trip
in the mountains. Chris C,asen p ut-
chased his saloon and has taken poss-
ession.
Cards are out announcing the we'd
ding of Mr.. NJ. E. Fisher, of Pueblo, to
Mrs. Maude Wheeler, of this place, the
affair to take place at the Holly hotel,
June Is
The Holly chieftain., 1898-06-03
a splE,b,o DAILY.
Teemlng With Most Reliable and
Fresh News Aetractiveiy Associ-
ated With carteons, for Which II
10 Famous.

The Rocky Mount1in News published at
Denver, Colorado, is IT, eldest paper in Color
ado and the Rocky Mountain Region 1t has
been Identified with tn growth and progress Of
that region since its Inception in 1859, and de
vouon to the resources and Interests OF this
portion OF the West has always been the chief
am OF the paper. Special attention has always
been paid to Its state Ioining department, To the
end that the fullest and freshest reports of oper-
ations in all mining Districts shall appear In It's
columns daily. AT prepent 1t is devoting unex-
ampled energies to tne task OF furnishing its
patrons with the war nrws. The News is the
only paper In the west which has the benefit Of
the splendid special Telegraph service of the
New York Journal aud this inSlres the speedy
and eiiectual transmission ef every detail Of the
operations at the seat efwar. The News prints
more news daily, and possesses larger circ,i-
lation and advertising patronage than any other
paper in the Rocky mountain region The pub.
fishers viii mail sample copies upon appiica-
ton.
The Holly chieftain., 1898-06-03
Free pil,s.

Send your address to II. r. Bucklen
& Co., Chicago, and get a free sample
box of DR.. Kings New Life Pills. A
trial will convince you of their merits,
These pills are easy in action and are
particularly efeetive in the cure of Con-
stipation and Sick Headache. For Ma.
laria and Liver troubles they have been
proved invaluable. They are gaaran-
teed to be perfectly free from eyerv de-
leterious substance and to be purely
vegetable. They do not weaken by
their action. but by giving tone to the
stomach and bowels greatly invigorate
the system. Regular size 25c per box.
Sold by C. L. Mcpherson.
The Holly chieftain., 1898-06-03
Beats the klondIke.

Mr.. A. C. Thomas. of Marysville. Tex
As. has found more valuable discovery
than has yet been made in the Kl on.
dixie. For years he suffered untold
agony from consumption. accompanied
by hemorrhages, and was absolutely
cured by DR.. Kings New Discovery for
Consumption, Coughs and Colds. He
declares that gold is Of little value in
comparison with this marvellous cure
would have 1t, even If it cost hundred
dollars bottle. Asthma. Bronchitis
and all throat and lung affections are
positively cured BY DR.. Kings New
Discovery for Consumption. Trial bot
ties free at c. 1. McPherson's Drug
Store. Regular sizes Soc and 500.
ssssssssse1 Or psiee refunded.
The Holly chieftain., 1898-06-03
The Denver aspubIIean.

wyoming, New Mexico. and the entire inter
mountain region want 0uly the most reliable
and accurate news In rega I'd t. the present
spanish Cuban complicatt0ns and the best pos
sibie reports concerning The naval engagement,
and the land battles iIi Cuba, The Denver Re.
publican has secured the exclusive right to pub.
iish each morning, simultaneously with Its pub.
,icatiSn u New York, the special news Of the
That great paper is actnowleded by all un-
oiased people.o North America and Europe to
De the most genuinely eu1nfprising Of any Jour.
in the last generation. ~ news gathering IA
eilities are uneqiialed I'D Its telsgrSphic re-
ports OF events are as ABSOLUTELY accurate as
conscientious CORRESPONDENTS can possibly make
tnen. In ADDITION to I'D Auperb news service,
y proposes BY the most SQt6nced Photographic
process to reproduce sceps Of al battles just rs
they occur. Wf
The Denver s,epubIicssss = arrapeewents with
tne Herald, made at a gtQnt cOse 70 HAelf for the
sole Dement, Of It's res6ers, ineSAde the very
cream OF the Herald's 1kciusive and reliable
news service, as well ss ~ photographs Of all
AZ of the readers Of the Nppnblicas. The peo-
pie OF the inter-nicuntalG l6untEy arc to be con-
sr,Nuated thas they Il tllQei - enabled To
inxpsSiic oishs s,esrsps sSs = zsssric.. 4 80 -4
The Holly chieftain., 1898-06-03

j. L. Wood is walking with the aid
Of cane as the result OF stepping on
the sharp end OF a nail, puncturinS h Is
right foot.
RI. Marine and Elmer Bond brought
their well drilling outfit up from Syra-
cuse on Tuesday and are at work on the
artesian We'll.
Mrs. l. r. Newman and children, of
Tribune, visited her daughters Mrs. c.
IL. Adams and Mrs. T.. Il. Bennett, in
Holly Tuesday.
George Hollis is building porch on
the east side of his residences. He will
keep out the flies and mosauitos by
screening it all round.
Our readers must not fail to read the
advertisements in this paper. Bargains
can be had in Holly as any one who
reads will readily observe.
Our merchants report heavy in
crease in business for the month OF
May. There is nothing pays so we'll ~
liberal use OF printers ink.
Clothing! Clothing!! Clothing!!!
for small men, for large men, med
ium sized men, or any other kind OF
men; IN fact, all styles and latest
styles in mems suits coming from a
New York factory, at prices to suit,
and suits TO suit all tastes and pock-
ct books. G. l.. MCPHERSON.
Bad management keeps more people
in poor circumstances than any other
one cause. To be successful one must
look ahead and plan ahead so that when
favorable opportunity presents itself
he is ready to take advantage oft. A lit
tie forethought will also save much ex-
pense and valuable time. A prudent
and careful man will keep bottle of
Chamberlain's Collie, Cholera and Diar-
rhoea remedy in the house. the shifiless
fellow will wait until necessity compels
1t and then ruin his best horse going for
a doctor and have big doctor bill TO
pay, besides; one pays out 25 cents, the
other is out hundred dollars and th en-
wonders why his neighbor is getting
richer while he is getting poorer. For
sale BY c. L. Mc?HERsoS.
w. M. Wiley came up from HoIl,
last Thursday and remained until Fri
day, attending to business matters.
Among other things he was appointed
deputy sheriff by Sheriff McKipzie,
and the law breakers. who may happen
to stav in the neighborhood of Holly,
will have to look sharp or the big dep
uty will nab them, ,........... ohm w
Wampler, Of Holly. came w on Tues
day for the double purpose of being a
witness in contest case and also ma h.
ing desert land entry for his own ben
eft. Mr.. wampler had his usual good
nature with him and seemed to be en-
joying life. .................T The contest case
of John A. Wilcox sgainst Stephen II.
Fields. involving tract of land in the
eastern part of the county. was tried
before the land office Tuesday morning.
The defendant made no defense and
the decision WAS In favor of the con
Register.
The Holly chieftain., 1898-06-03
santa Fe Rousa Train serlo..

NO EXTRA CHARGE Is MADE on "sAN.
IA FE ROUTE" Limited trains between all
points.
Fast vestibuled trains for all points east
leaves Denver at P. u. Colorado Springs 8:
20 T. NJ, Pueblo /, o5 II NJ. daily. running solid
to Chicago Via kansas City without change
carrying Pullman Palace sleepers and chair
cars making direct connections for all points
in Texas. .a
The shortest and mostdIrect route to Califor-
MIA and Mexico points. An dining ears and eat
ing houses under manasement Of Fred Har-
vey.
For full Information, bates, Time Cards. etc.
address M
j. P.HALL, General Agent
Denver, Colorado.