davidaulloa/AmericanStories huggingface dataset:
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1898-08-08
SuplemeGt ciSiODS
J. $. scott, PiaintIn In Error

J. s. Scott, Plaintiff In Error,
vs.
Joney Jones. Defendant in Error
Error from Custer county. Affirmed
SYLLABUS.
Opinion by McAtee.
1. The provisions Of article S. chap
ter 81. statutes Of 1898, stating whaI
averments shall be made in an atn
davlt in seplevln, are Junsdictionai and
must be complied with 1t Is held
however that an affidavit which omits
the statement that the property mad
not been seized ~ virtue Of an order
OF delivery issued under this article.
property had not been taken under
execution by any order Of
court"
2. The bill Of particulars in replevin
before the Justice OF the peace not hav-
ing stated that the plaintiff was en-
titled to the immediate possession of
the property or that the defendant
wrongfullv detained IT, and the ara
davit n tho replevin having been ade-
quate ana no exception having been
taken before the trial to the insufncl
ency Of the bill Of particulars. this
court viii not hold that the omission
of those statements from the bin ot
particulars was jurisdictionaI SO that
the jurisdiction OF the court may Dee
taken advantage OF In this court. All
judges concur, except Tarsney. who
presided below.
BLANCHARD VS.. UNITED STATES
c. ]. Blanchard, Plaintiff In Error.
vs.
United states, Defendant IN Error.
On rehearing, June term. 1898.
PER CURTAIN
This Is the third time we have had
this cause under consideration. We
have again carefully examined all the
papers on file and find no reason To
disturb the former conclusion OF the |
court herein. It is claimed in the mo-
tion for rehearlng filed hy the plain |
tin In error, that the court. on former |
hearing overlooked the ruling Of the
trial court, upon his second motion for
a new trial and IN arrest OF judgment.
This motion is not brought into the
record by case-made or bill of except
Ions, but the original motion ls on file
Ia the record. This court has repeat
edly held that the action OF the trial
court In overruling a motion for a new
trial cannot be reviewed by this court
unless said motion is made a part OF
he record by case-made or by bin Of
exceptions. AS the motion for a new
rial, or the action OF the court thereon.
constitutes no part OF the record prop
,r. there is nothing for this court TO
'eview
Where a case Is brought into this
'ourt on the original files and papers.
'uch file and papers must be accom-
'anied by certificate Of the clerk Of
he trial court authenticatlng the
'apers. We find attached 20 the pap
RS In this case a certificate made ana
He'd long after the record was filed I'm
his court, and long after the lime for
ppeal had expired
There is no record on ale inthls court
Which viii authorize us TO review the
proceedings OF the trial court. The
ormer action OF the court is approved.
nd the judgment Of the trial court is
ffrmed, and the case remanded with
to proceed to execute said
Judgment
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1898-08-08
EQUITABLE INTERESTS.
EQUITABLE INTERESTS.
Gillette & Libby. ct al.
VI.
Murphy, Carroll & Brough, ct al.
Appeal from the district court OF
Canadian county. Affirmed.
SYLLABUS.


Canadian county. Affirmed.
SYLLABUS.
Opinion by Burwell.
In controversy over certain ildg-
ment between two or more parties. as
TO which is the equitable owner there
OF, where the judgment debtor fails o.
plead when made a party defendant
falls 10 appear at the trial either iu
person or by attorney, and the losing
parties in such action appeal from the
judgment OF the trial court, and such
judgment debtor is not necessary
party TO an appeal 10 the supreme
court in any way be affected by re-
versal or modification of the judgment
appealed from; its judgment having
been fixed when the first Judgment,
which was the subject OF the action be-
tween the parties to the suit. was rem
dered.
Written orders given by an ex-sherin
TO his creditors on county for war
rants due from II TO such ex-sherln
for salary and other fees. either Ia
fun payment and satisfaction N q pre-
existing debt or as security for the
same. operate as an equitable assign
ment Of the account or chose In action
for which such warrants were TO be is
sued from the delivery OF such orders
10 such creditors; and where the orders
do not embrace the entire chose I'm
county by such ex-sherin with the
bility 70 the ex-sherin and refuses 10
issue any warrants as directed in such
orders, and suit Is brought against the
action. and the county denies any la
tacit assent Of the persons holding the
orders. the county alone can object to
such suit on the ground that II is not
being prosecuted In the name OF the
real party in interest. and after judg-
ment is obtained IN the name OF the ex-
sheriff, the parties holding orders have
an equitable right therein which equity
will enforce and such equities are prior
those Of frm OF attorneys who claim
such judgment by virtue ~ subse-
quent assignment Of the chose IN act
len before judgment, and b. an al
torneys lien fled after judgment es-
pecially when the attorneys knew Of
the equities Of the person holding such
orders prior 10 the filing of thelr lien.
but where the claim was saved By the
skin and labor OF such attorneys. a
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1898-08-08
CUBAN CLAIMS PILED AGAINST
UNITED STATES.

Washington. Aug. s.-rhs aRnouncs-
ment that the United states E0ssrnnsnt
win assume nbility for the claims of TIA
insurgents against the spanish govern.
meut On account of Injuries ana dAmaEs.
Sustained an the Cuban insuFrscsiOn has
caused the Ming OF large number o.
aaimes with the state department.
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1898-08-08
sIfAFTER
Some Tax Statistics.

The following "a BILE shows the to
tai territorial tax levied against each
county since the territory was organ.
iyaI.
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1898-08-08

LlARTRANFT Circle No s. Ladies' OF the
- g. A. X. Meets nrst and third week of
every month In MasOuic Hall Visitors are
cordially invited
ELIZABETH sTROUGH, Pres.
LOUISA GILBERT, sec.
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1898-08-08

/
ferriue such interest
AN the Judges coucurrne excep
rarsuey who presided at the trial be
low. not sitting
TOWN LOT TAXEs.
Topeka Commercial Security compan,
ct al.
Mcpherson.
Error from district court OF okla
homa county. Former opinion over
ruled and Judgment below affirmed.
SYLLABUS.
Opinion by Tarsney.
,. The Legislature OF this territory
has no authority to subject to taxation
lots i'm government towusltc pending
the determination ot a contest in the
land department between occupying
claimants thereof. or untn rightfui
claimant has acquired right. under
the townslte law and the regulations
of the interior department. concerning
the disposition OF the lots therein to a
deed therefor Any proceedings To sub
ject such lots to taxation or To- convey
the same for non-paymcut of taxes.
are void. being in violation of section
G Of the organic act OF the territory
prohibiting the legislature from inter
fering with the primary disposal Of the
soil.
3 by paragraph i6 of article T. chap
ter TO- statutes Of oklahoma, 1893. the
Legislature did not attempt or intend
to subject to taxation undecided town
site lots In government townsites pend
ing contests in the land department
between claimants eor such lots; but
did intend and hao ightful authority
to subject all improvements thereon 20
taxation. An the judges concur.
STONE VS. REYNOLDS
A. w stone. Plaintiff in Error
VS.
t. r. Reynolds, Defendant In Error
Appeal from ;be district court Of
Woods county Reversed
SYLLABUS
Opinion BY Burford
l. The county commissioner elected
m 1884 for the Third commissioners
district Of Woods county. is entitled
to bold said ofnce for the term OF four
years from the first Tuesday IN Jauu-
AIRY, 1886
The statutes prescribing that az
the general election in November. 1896.
the voters or the First district shall
elect commissioner for four years.
and the voters ln the Second district
shall elect commissioner for two
wears. excludes the right Of the voters
in The Third district to elect O commits
sioner when there is member for
that district acting who was elected at
the general election in 1894
3. The right to hold elections and
elect officers for the county IS one con-
ferred by Legislature. and unless such
right is conferred. no authority exists
10 hold such election.
A. A person elected 60 the office of
county commissioner n the Third dis
uict OF Woods county. al the Novem-
ber elected 1896. has no right 10 exer-
against person elected at the Noyem-
ber election, 1894. who is qualified and |
attempting to perform the duties o. the |
office. The present incumbent Is or
dered TO vacate the office and turn /
over same Co stone. who was elected |
In 1896. AN the Judges concurring. |
except McAtee, who presided al the |
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1898-08-08

LlARTRAEFT POST No sc R-Meets
~ on nrst and third Saturdays In each
month al 4;N p m. iu probate court room.
Visiting comrades always welcome
MI MOCK, Aajutani. = - an r =
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1898-08-08

AKLAHOAA Encampment No 4, l. U. o..
~ meets every Tuesday evening 10 ode
Eell0ws hall atT:0. All Visiting pstriarchi
welcome.
FERDINAND RITTERBUSCH, c. p.
n. l.. STROUGh, scribe
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1898-08-08

iih IN A'tt IAlD AMI I'm AID
The table ~ most Interest is the one
ho~inr the per cent Of total tax paid by
each county since 1891 aud the per cent
age OF the 1850 lax paid. Some surprises
appear here. For example. Kay county.
unc of the richest and most prosperous in
the territory. has paid but 3555 Of the 1897
territorial taN-iess than any other ,uun-
IS. Noble comes next, with o1Iy 3as2 per
cent paid. oklahoma has pa d but 81 %
per cent and Beaver but 81 These ng-
ures are worthy OF study.
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1898-08-08

AEUTUAL BENEFIT TO LApIES.---W.
M furnish employment, procure help; buv
sell or cxch ange fancy articles noyeify
roo1a, periodicals. etc
HpkRN'e IRFORAATIOP BUREAU,
Room 20 Lyon Bio
Cor. Harrison and Diyi
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1898-08-08

- UTHRIE Lodge No. 3, l. o. o. p. meets
~ Monday night Of each weeA az 7:6o Vls
tting CAD Fellows always WelrOme.
W. S. COOPER, N. q.
q " BRUCE, see'Y lock boz l7p
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1898-08-08

4 \ Meets every Tuesday night In X
X OF p. hall Visiting chiefs always wei.
Gome. N. b. CHERRY, Chief Of Records
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1898-08-08

- UTHRlE Lodge No. ., X. OF p, meets
~ every Monday at 1850 in their nall
IN the Victor block, corner First ana Harm.
son. sSitinE knights are always welcome.
J. FoUuART NJ. Off ana K. Of RS
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1898-08-08
TOWN LOT TAXES


Mcpherson.
Error from district court of Okla
homa county. Former opinion over
ruled ana Judgment below affirmed
SYLLABUS.
The Colfax chronicle. [volume] (Colfax, Grant Parish, La.) 1877-1981, 1898-01-22

The Alexandria Town Talk says
that work will commence on the
Gulf, Louisiana and Great North
ern Railway this month, and its
reason for saying SO is a letter re-
ceived from Mr.. j. J. Waltz, presi-
dent of the road, giving this inter-
esting and cheering news. This
road, which is to run up the Red
River valley, from Alexandria, via
Colfax, Montgomery, Arcadia, and
Fort Smith, will open up the vast
resources of this country, and be
revelation to the outside world
of this portion of the valley. We
have the richest and best favored
lands on Red river, excepting no
point in the valley.
The Colfax chronicle. [volume] (Colfax, Grant Parish, La.) 1877-1981, 1898-01-22
NO. H.
Thos STAFFORD, 100 acres, " hf Of .
oor and q he - On, ~o<x:~,. a

Thos STAFFORD, 16O acres, " hf OF 9
eqr, and hf Of sw or section 6,
township 8 north, range 2 west,
state l.20, parish 200. ...
Matthew N Swafford, 40 acres, sw
Or of ne or section 6, township 8
north, range 2 west, state tax 80,
parish so
Thos + and Matthew N Swafford,
70 acres, half of SO or of NV or
sec 6, township 8 north. range 5
west, state 10, parish %
Hamilton Tison, 40 acres, ne or of
NV or sec ID. township 6 north,
range 2 west. state 30, parish 30.
Chas A Thornton, 100 acres, hf
OF ne OR, and NV or of ne or, and
ne or of Sc or sec 6, township
north, range 5 west, state 100,
parish ~ ..........
Joel G Tison, 20 acres, all that
part OF Sc or of NV or sec 81, ly-
ing east OF Spring Branch, town.
ship 6 north, range l west, state
Is, PARISH 25.
VIM Thompson, jr, 80 acres, ne or
ne Or sec "a, and NV Or of NV or
sec 30, township 8 north, range 4
west, state Coo, parish 81 ......
VIM Thompson, jr, 40 acres, Sc or
sc Or sec 81, township 8 north,
range west, state 80, parish 80.
Matthew Thompson, 40 acres, ne
or OF NV or sec %, township 8 n.
range 4 west, state 80, parish so.
James w Willbanks, 40 acres, NV
or of ne Or sec 4, township 8 n,
range 3 west, state 30, parish SO.
James Wilson, 40 acres, ne or of Sc
Or sec "a, towns'p 7 north, range
2 west, state 80, parish so.
VIM H Wilson, 40 acres, ne or of
sw Or sec 2. township 8 n, range
B west, state 80, parish so.
Jonathan Woodley, 16O acres, NV
or sec "a, township s north, rang
8 west. state l.20, parish 200. -. 8
Marcus Youngblood, 40 acres, sw
Or OF sw or sec 80. township s
north, range 2 west, state tax 80
parish tax 80
NJ. Z. SWAFFoRD.
Sheriff and Elk Officio Tax Collecfo,
u
The Colfax chronicle. [volume] (Colfax, Grant Parish, La.) 1877-1981, 1898-01-22
Red river rising rapidly.

Statement of School Funds.
Statement Of the public school fund
for quarter ending Dec. 81, 1897:
j. K. Dunn. Treasurer, in account with general
school fund of Grant parish. Jan. l, 1893:
To balance on hand last report - 500 50
To check of G. H. Mcknight - SO Is
The Colfax chronicle. [volume] (Colfax, Grant Parish, La.) 1877-1981, 1898-01-22

Liver troubles quickly result IN serious
complications, and the man who neelccts his
liver has little regard for health. A bottle
Of Browns Iron Bitters now and then will
keep the liver in perfect order. II the dis
ease has developed, Browns Iron Bitters
will cure it permanently. Strength and
vitality always follow its use. For sale By
all dealers.
The Colfax chronicle. [volume] (Colfax, Grant Parish, La.) 1877-1981, 1898-01-22
Cash for Cotton.
Colfax High School.

The Trustees Of the Colfax High School
for Males and Females take pleasure in
announcing to the public that the second
Ten Months Session of this school will
begin on the First Monday of Septem-
Der, 1896. No pains will he spared to
make it a irst-class High School.
RATES OF TUITION.
Primary Department 81 50 per month
PrsPaIstory 90
Music. Vocal and Instrumental so
Incidental fee rs ceets per session.
Good board can be obtained on reasona.
bic terms Two hotels in town. and sew
craI private boarding houses in town and
vicinity will board cheap. Those having
children to educate should send them in
and give us fair trial. We are in the
race to stay.
R, 8. CAMERON, President.
II, G. GOODWIN.
Secretary Board of Trustees.
Colfax, La, July 10, 1896.
The Colfax chronicle. [volume] (Colfax, Grant Parish, La.) 1877-1981, 1898-01-22

Dr. Miles Pain piIls curs Neuralgia
The Dalles daily chronicle. [volume] (The Dalles, Or.) 1890-1948, 1898-12-30

ritory which we covet. There is not
anywhere on the earth nation with
which we would change places. In
the spirit of Lincoln's words, "with
malice toward none, with charity for
all, the United States is spreading
the blessings of civilization and en-
ghtenment among the races of the
earth, and never was its mission of
peace preserver and civillzer so wide
ly and gratefully recognized as it is
today.-Globe- Democrat.
The Dalles daily chronicle. [volume] (The Dalles, Or.) 1890-1948, 1898-12-30
s1OO Reward 500.

The readers of this paper will be
pleased to learn that there is at least one
dreaded disease that science has been
able to cure in all its stages, and that is
Catarrh. Halls Catarrh Cure is the
only positive cure known to the medical
fraternity. Catarrh being a constitu-
tional disease, requires constitutional
treatment. Hall's Catarrh Cure is taken
internally, acting directly upon the
blood and mucous surfaces of the disease
and giving the patient strength by build
ing up the constitution and assisting
nature in doing its work. The proprie-
tors have 50 much faith in its curative
pctT srs. that they offer One Hundred
Do lars for any case that it fails to cure.
Send for list of testimonials. Address,
FL. CHENEY, & Co., Toleda, o.
Sold by druggists, 75c.
Hall's Family Pills are the best.
The Dalles daily chronicle. [volume] (The Dalles, Or.) 1890-1948, 1898-12-30
Enterprising Druggists.

There are few men more wide awake
and enterprising than Blakeley & Hough-
on, who spare no pains to secure the
best of everything in their line for their
many customers. They now have the
valuable agency for DIR. Kings New
Discovery for Consumption, Coughs and
Colds. This is the wonderful remedy
that is producing such a furor all over
the country by its many startling cures
1t absolutely cures Asthma, Bronchitis,
Hoarsenese and all affections of the
throat, chest and lungs. Call at the
above drugstore and get trial bottle
free or a regular size for so cents and
81. Guaranteed to cure or price err
funded.
The Dalles daily chronicle. [volume] (The Dalles, Or.) 1890-1948, 1898-12-30
Are You Interested?

The o. r. & N. Co.'S New Book
On the Resources of Oregon, Washing
ton and Idaho is being distributed. Our
readers are requested to forward the
addresses of their Eastern friends and
acquaintances, and copy of the work
will be sent them free. This is mat
ter all ehould be interested in, and we
would ask that everyone take an in
terest and forward such addresses to w.
H. HURLBURT. General Passenger Agent,
o. r. & n. Co., Portland.
The Dalles daily chronicle. [volume] (The Dalles, Or.) 1890-1948, 1898-12-30
BuokIen,s ArnloA salve.

The best salve in the world for cuts,
bruises, sores, ulcers, salt rheum, fever
sores, letter, chapped hands, chilblains,
corns, and all skin eruptioDs, and posi-
lively cul rs piles, or no pay required
It is guaranteed to give perfect satisfac-
ton. or money refunded. Price 25 cents
per box. For sale by Blakeley and
Honghton. druggists.
The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1898-11-07
ES


sHERIFI~s SALEM cHANcEHF o. NEW
Between John Louis Mathey and Auguste $.
M-st4tsyy as sAtxs Of tsdwafn Du ls9l5, de-
ceased. complainant, and Melinda Kogge ct al,
defendants
Fl f. For sale q Mortgagssdd ami
Besson & Spohr. Solicitors.
BY virtue OF the above Esased writ, to me
directed and delivered, ! shall sell by pubic
yendue. al z. G.. Wolberts Real Estate Sales
roona' NO. Y Montgomery street. Jersey CITY,
THURSDAY, the eighth day Of December,
a. d. 1895.
at two o'clock in the afternoon, all the follow
ing described land and premises. with. the
appurtenances. being the same described in
SAID writ, that is to
All that certain tract or parcel Of land and
premises, situate, lying and being in the Town
ship OF West Hoboken, in the County of Hud-
map entitled Map of Property of Edward Dl
Bots. situated in Weavertown, Hudson County,
N. j., 1852, and duly fled in the office 6f the
Clerk of Hudson County. September third.
described as follows.-
Being in width in front on the easterly side
OF the Old Bergen Road two hundred and
twenty-seven feet and six inches. and in rear
and in depth ON the northeriy side five hun
dred and eighty feet, and on the soutlerly side
six hundred and seyenty-eight feet and six
inches, containing three acres and six hun
drsdths OF an acre, be the same more or less
and being the same premises conveyed by Ed
80 NOON EoiI7p9IH o. SJlM puB sEoa No pIBM
deed bearing even date herewith, this mortgage
being given to secure a portion Of the pur-
chase money therein mentioned.
WILLIAM
Dated November 1, 1898.
Jersey City News and West Hoboken Reporter.
The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1898-11-07
NOTICES.

sHERIFFss sALs-IN cHANcEEY 3E NEW
Between Hattie 4. scott. complainant, and
Fl. IL. tor safe of aiortgasse Premises
Returnabie October Term, 1898,
Ey virtue : spse q lie ABOVE stated writ. 10 me
directed and delivered. / shall sseII by public
venduc: at +. q wolbert's Real Estate sa,es-
-oonl. No. Al Montgomery street. Jersey city.
THURSDAY, the seventeenth day Of Noyem7
Der. A. p. 1898, 9
at two O'Clock In the AFTERNOON. all the fol-
lowing described land ane premises, with the
appurtenances. being the same described IN
said writ, that Is to saw
All the following described tract or parcel OF
land and premises, situate, lying and being IN
the City Of Bayonne, in the County or Hud.
son and State of New Jersey, bounded and
described as follows
Beginning at a point in the northwesterly
line OF the Hudson County Public Road tBoule-
vard), distant eighty feet northeasterly from
West Twenty-seyenth street, and from said
point running G) northeasterly along the nortna
westerly line Of said Boulevard twenty feet ~
ITO; thence az northwesterly at right angles
to said Boulevard ninety feet 40 ft.1; thence
go southwesterly twenty feet t2o IT,; thence
"a southeasterEy ninety feet $50 IT'D to the
point or place or beginning Being part of lot
No 81 on a certain map on file IN the oiIlce
Of the Register Of said County Of Hudson. en-
tate Of O. P. HATFIELD, decd. situated in the
City of Bayonne, Hudson County, N J.,1 sand
veyed to said Mary T. Mcdonald by John A.
McNab, executor of Oliver p. Hatleid, de-
ceased, by deed dated July 18th, 1885 and re.
corded in said Registers Office, in Liber 62S OF
Deeds. on pages 81, &c.
Also the right to the continued ana
uninterrupted flow of water for the premises
above described through the private line Of pipe
laid by said MaryT. Mcdonald from West thirty
first street 70 said property subject only 20
the rules and regulations Of the municipal au-
thorities of said City OF Cayenne governing
the use Of the same. Also the continued
The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1898-11-07

SHEHIFFyS SALEM CEANCERY OF NEW
Jersey.
Between Madeleine E.. Armstrong. complain
ri. ia. For Sale Of Mortgaged Premises.
Returnable February Term, 1899.
Besson and Spohr. Solicitors.
directed and delivered. l shall sell by public
vendue, at +. G. Woibert's Real Estate Sales
room, NO. At Montgomery street, Jersey City,
THURSDAY, the first day of December, A. D.
1898,
at two o'clock II the afternoon. all the follow
ing described land and premises, with the ap-
purtenances. being the same described in said
writ. that is to say
All those two certain lots. tracts or parcels
of land and premises, hereinafter particularly
described, situate, lying and being in the city
Of Jersey City, in the county of Hudson and
State of New Jersey and which on a MAP Of
Jersey City, belonging to the North Point I'M
provement Company and others, 1856" filed
in the office Of the Clerk now Registerl Of the
County Of Hudson are known and distinguished
as lots Numbers one hundred and twenfy-seyen
GID and one hundred and twenty-eight il22}, In
Block numbered one hundred and one f101] on
bounded asisfolloWs:-
Beginning at d point on the northerly line Of
First street distant one hundred and fifty
aso5 feet easserly from the Intersection of the
easterly line Of Henderson street and the
northerly line Of First street and running
Henderson street, two hundred f2o0) feet 10
the southerly line of Second street: thence
~easterly along the said southerly line Of Sec
southerly on q line parallel with said Hender-
son street two hundred 1890 feet to the north
FIX ! NE sY,n g a., ssid ETH TIr7t 5 sss | sna 1,5 5ss1 s. T vs.;
street twenty-five s(z3 feet to the point 81
place Of beginning .4~
Jersey city news ~ Jersey CIV Herald.