davidaulloa/AmericanStories huggingface dataset:
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1902-01-17
Court Must Transfer Case.

A writ of mandamus is granted against
the district court Of Chippewa county. 5.
R. Child Of Minneapolis secured judg-
ment on Kittie L. Hart, who owned some
real estate in Chippewa county. 1t was
conveyed to one Rich Child levied All
execution on the property, which, was con-
tested by Rich in the courts Of Chippewa
county Child undertook to have the
case transferred to Hennepin' county, his
place OF residence, but Rich contested 1t.
Child brought an action In quo Warranto,
asking the supreme court to compel the
transfer of the case, and on his relation
writ of mandamus is issued. The syl-
labus is as follows:
State of MINES ex rel s. R. Child, relator,
vs. District Court Of Chippewa County, Min
nesota, ct al, respondents. .~
First-The general rule is that civil ACTORS
must be brought and tried in the county
where the defendant reside. That they must
be brought and tried where the subject mat
ter is situated Is the exception to such rule
Second-The general lien of Judgment on
land confers o,l:y right to levy on the same,
to the exclusion Of other adverse interests
subsequent 70 the docketing of the Judgment.
A Judgment or the lien thereof is not an
estate or interest in land. .-..
Third-The nature of the lien is not changed
by the levy OF al, execution. By, such levy
the execution c1ed itor does not acquire an
on, within the meaning Of G. S. 1894, Sec
tons 5182- 1888 ...... -.... .,
Fourth-Where an action is brought to set
aside and vacate a judgment, to vacate and
set aside transcript and the docketing
thereof, in a county other than the one in
which the Judgment was obtained, and also
to vacate and set aside levy upon real
estate in such ether county made by virtue
of an execution issued and delivered to the
sheriff thereof the primary and principal
object of the action is to vacate and set aside
the judgment. Vscating and setting aside the
transcript and dooketing and the levy of the
i.eXecution are merely incidental to the pri-
mary and principal object. -..-
| Fifth-Such an action is transtory and not
local 1t is to be tried in the county in
! which the defendant resides.
! Sixth-1n the case at bar there were six
defendants. Three-including the Judgment
creditor-resiied in the same county; two
| were non residents and the other was the
sheriff making the levy. No relief was de-
manded against any of the defendants ex-
| cept the creditor, and none of the other de-
! PENDANTS save the sheriff. in his official capa-
( city were shown to have any rights or in
J terests in the matter at issue. Held, tina:
| the creditor was entitled to have the place 81
! trial changed from the county in which tho
| land was situated to the county in which he
resided upon making demand and filing his
affidavit showing the facts as above stat Cd
| Let the writ issue as prayed for.
| d. CaIi., p
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1902-01-17
Real Estate Transfers.

John keran and wife to Annie L.
Keran: in section 35, township 119,
range 90 NEUTRALITY-SUSPICIOUS.. 81 800
Herman Backer and wife to w. NJ.
SmmS; lot 10. block 3, ElWells sec
ond addition ACKNOWLEDGEMENTS. 425
Alexander Campbell and wife to Anna
l.. Moberg; lot q, block 90, Forest
heights ACKNOWLEDGEMENTS. 25O
Edward 7. Parry to Julius A. Crosman;
lot "a, block 3, Elwells addition $50. 25O
William H. Anderson and wife to Theo-
dore F. Curtis; lots 4, 10 and II, block
3, Island Park addition .............. 1000
William c. Gregg and wife to Theodore
f: Curtis: lot g. block 3, Island Park
+ addition NEUTRALITY-SUSPICIOUS.. $50
Sarah J. Cooper to John j. Connell;
lot 8, block 8, Westfall's addition 80. 1000
Isaac Alden and wife to Carrie f. Nut
ter; part lot /, block l. Clark's addi-
ton ............. :................ 1900
James B. Cone (trustee) to John E.
Shaughnessy; part lot 6, Emersons
addition Neutrality-suspicious.. 5000
Corneia P. Rogers and husband to
William L. Martin ct al; part lot 3,
block 6, Ridgewood addition .......... 2,025
Two minor deeds NEUTRALITY-SUSPICIOUS..
Total, u deeds .......................$ SIS, 7O3
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1902-01-17

The real elixir of life is the food we eat.
All physical life is sustained by food,
and food alone. You can't live without
eating. But you can eat without living.
Because it is not what is eaten which
sustains life, but only so much of it as is
digested and assirnilated. That is why
physical weakness and wasting of the
body point Inevitably to disease of the
stomach and its allied organs of digestion
and nutrition.
NO MAN CAN BE STRONGER THAN HIS
STOMACH.
In a condition of perfect health the
measure of a mans strength would be
the quantity of nutrition contained in
the food eaten. When there is disease
of the stomach and its allied organs the
measure of strength is the quantity of
nutrition extracted from the food eaten.
Disease of the stomach means loss of
nutrition, and loss of nutrition means
weakness. That is why weak stomach
means weak man. Stomach "trouble"
which is spoken Of so lightly is often the
root of heart vtrouble," lung vtrouble,"
kidney ntroub1e," etc. These are all
organs of the body, and when the body
as a whole is deprived of nutrition be-
which make up the body are, Of course,
the real sufferers.
If this theory is not sound how can
we account for the cures of heart, liver,
lungs, kidneys, ETC., by DR.. Pierces
Golden Medical Discovery, which is es-
sentially medicine for the cure of dis
ease of the stomach and other organs of
digestion and nutrition? Such cures are
a matter of constant surprise to those
who sought only relief from stomach
"trouble" and found health for the whole
body in the use of the eGolden Medical
Discovery" ---.-
vI had been afflicted for four years
with what the doctors called indigestion
and liver complaint" writes MI. J. M.
Clark, of Heard, Tenn. II had tried
medicine until had given up all hope
of getting we'll. I wrote to DR.. Pierce
and he advised me to use his Golden
Medical Discovery 1 commenced its
use at once, and after using two bottles
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1902-01-17
FTeeborn County.

D. L. Bogart. respondent. VS.. Henry Kiens,
appellant.
First-1n an action against nonresident
of the state to recover damages for the breach
of a contract for the sale of real property, an
attachment was duly issued and levied upon
the property of defendant in this state and
the summons was served upon him by publ
cation A copy Of the summons was mailed
to defendant, and received by him in due
course of mail. He had actual notice and
knowledge Of the tendency of the action, but
took steps to intsrpose an answer, or 9TH
erwse protect his rights, until after the entry
Of the Judgment against him. some four
months subsequent to the commencement OF
the action. Held, that his application to open
the judgment and for leave to defend, made
under section 5206, G. S. 1894. was properly
denied. Defendant lost his right to be per-
mitted to come in and defend as matter OF
right by his failure, with full knowledge Of
the pendencv of the action. to interpose an
answer in proper time. If he had any excuse
for failing to answer his application should
have been addressed to the discretion Of. the
court under section 1851, presented with afh-
dayits eXcusing his default.
Second-Depositing a paper for filing with
the proper officer at his Office constitutes a
filing thereof, and the Endorsement therein
by the officer of such filing is but evidence Of
the fact. Affidavit for the publication OF the
summons in this action held properly filed.
Order affirmed. Brown. ].
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1902-01-17
Mrs. Kelly's VIII Stands.

Christine Erickson, single woman
resident in Minneapolis, made will in
1890. In 1899 she married John Kelly,
and died next year without issue. Her
will was admitted to probate and affirmed,
but her surviving husband appealed, de-
handing his common law share Of the es-
state. He loses the case, the court hold
ing in the sylla bus as follows: ..y .."'
In re estate Of Christine Kelly, deceased.
John Kelly, appellant, VS.. Clara Stevenson,
Gundar Erickson and Jennie Erickson ct
al respondents. 1852
The will OF woman is not revoked by her
subsequent marriage. The rule Of the COM
mon law to the Contrary has been abrogated
by the statute comforting upon married wo-
men testamentary capacity.
Order affirmed. Start, C. J.
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1902-01-17
GEYSER ON HENNEPIN
1t Tips Over II Section of the
Asphalt.

A service pipe running from the Henne
pin avenue water main to one of the
buildings located on that avenue between
Third and Fourth streets, sprung a leak
last night, and the water forced itself up
through the earth with such violence that
it raised a large section of the asphalt
pavement about two inches above the
usual level, and finally burst through,
flowing down the avenue and into gut
ter opening at the corner.
This morning crew of men started to
repair the damage, but owing to the heavy
flow work progressed slowly, three pumps
being required to keep the water from
Overlooking the excavation. 1t is probable
that water will be shut off from the main
tonight so that the break may be re-
paired. This, however, is considered i'm
practicable in the day time, and the de-
partment has contented itself to-day with
preventing the water from flooding the
street.
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1902-01-17
THE ELIXIR OF LIFE.
The Secret of it Revealed.

The old philosophers had dream that
there existed or could be compounded
1ejuvenating elixir, by the use of which
men could live on and on III youthful
vigor and enjoyment. Some thought
that there was fountain of youth to be
discovered, and so went far afeld to seek
it. They failed to find the fountain, but
they found new lands. Others shut
themselves in secret chambers and with
crucible, alembic and retort sought to
distil this elixir. They too failed, but
they created chemistry. Only a few
years ago DR.. Brown-Sequard was an
nouneed as having at last discovered
this precious elixir. But his discovery
also failed under test. And yet the elixir
of life exists. It is such COMMONPLACE
thing that we overlook it.
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1902-01-17

R. " Pierce, and his staff of physicians.
They said my case was durable and was
greatly encouraged. began taking DR..
Pierce's Golden Medical Discovery and
Pleasant Pellets as advised. Before I
had taken half of the second bottle
began to feel relieved. I got six more
bottles and used them, and am happy to
say I owe my life to DR.. Pierce and his
medicines. These words are truths, as I
live, so if this testimonial can be used
in any way to be of benefit you need not
hesitate to use it. 7 shall stand for the
lnvalids' Hotel and Surgical Institute as
long as life lasts"
DR.. Pierce's Golden Medical Discovery
cures diseases of the stomach and other
organs of digestion and nutrition. 1t
puriies the blood, and builds up the
body with sound flesh and solid muscle.
It is the best of tonics for those in
a debilitated and nervous condition,
speedily restoring them to vigorous
health.
Those who suffer from chronic dis
eases are invited to consult DR.. Pierce,
by letter, free. All correspondence
strictly private. Address DR.. R. v.
Pierce, Buffalo, N. Y.
DR.. Pierce's offer of free consultation
by letter, IS not to be confused with the
spurious offers of "free medical advice :"
made by men Or women without med
ical knowledge or training, and who are
therefore incapable of giving genuine
medical advice.
The sole motive for substitution is to
permit the dealer to make the little more
profit paid by the sale Of less meritorious
medicines. He gains; you lose. There
fore accept no substitute for Golden
Medical Discovery"
. NOTHING TO PAY
except expense of mailing to obtain a
copy of the great medical work, DR..
Pierce's Common Sense Medical Adviser,
containing over thousand large pages
and more than 100 illustrations. This
book in paper. covers is sent free on
receipt of 2I one-cent stamps, to pay
expense of mailing only. For the cloth
bound volume send 81 stamps. Address
DR.. R. V. Pierce, Buffalo, N. Y.
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1902-01-17
Dress Goods and Silks
and motives of the relator in having the pro-
ceedings instituted and the necessity and

and motives of the relator in having the pro-
ceedings instituted and the necessity ana
policy of allowing the remedy.
Second-Wlcre the right of a corporation to
assert It's corporate existence is questioned
by state, because Of some defect or ir-
regularity in the proceedings for organization,
the doctrine # waiver, operating by way OF
estoppel in pals is applicable as against the
state. Its conduct may have been such as
to constitute declaration that a forfeiture
of corporate rights will not be insisted upon
and that the right to declare such forfeiture
is waived. . L.. #
Tnird-This rule applied where, after its
organization in form, and prior to the insti-
tuition of quo warranto proceedings, school
district had borrowed money from the state
to be, and which was actually used, in the
erection of school building, had issued Its
bonds therefor to such state and had voted a
tax for current expenses. Judgment af-
irmed. ..' - . Collins, j.
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1902-01-17
WRIGHT IS THE WITNESS.

the indigestion ana liver
complaint his lost flesh is
regained. That was the
case with Mr.. Clark. He
gained twenty-five pounds
as the result of his cure !;
twenty-five pounds of
solid flesh, not f1abby fat.
vFor six long years I
suffered with indigestion
and my liver and kidneys,
which bamed the best
doctors in our country"
writes Mr.. E. L. Ransell, of
Woolsey, Prince William
Co., Va. ~ suffered with
my stomach and back for
a long time, and after
taking a cart load of
medicine from three doc
tors I grew SO bad I could
hardly do a days work.
Would have death : like
pains in the side and blind
spells, and thought life
was hardly worth living.
r Joo:IJ o,,1& n.
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1902-01-17
McNichoIs Leaves for BerthoId.

Special to The Journal.
White Earth. Mimi, Jan. 17.-Charles S.
McNichols, special United States Indian
agent, who has just completed a thorough in
specton of affairs at this agency under Agent
Michelet, has departed for Fort Berthold
agency, North Dakota, under instructions to
make an Investigation there. He was highly
pleased with the status of affairs here and so
reported to the department.
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1902-01-17
QUO warranto Dismissed.

The validity Of the organization OF
school district No. 100, Dakota county. is
affirmed in a quo warranto proceeding,
which alleges that the proper steps were
never taken. The court holds:
State of Minnesota ex rel W. B. Douglas.
attorney general, relator, appellant, vs..
William Grace ct al, respondents.
Frst-A quo warranto proceeding is a sub
ject for the exercise Of sound judicial dis
erection. It is proper for court to consider
the circumstances of the case. the position
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1902-01-17
in the charge of the court to the Jury. i

in the charge of the court to the jury, il
deemed at all likely to be misleading, was
not abrogated by the passage of chapter 113,
Laws 1901; and the legislature did not intend
by that act TO permit litigants to single out,
after the trial Of an action, isolated portions
OF, the charge, assign the same as errors, and
thus secure a new trial or the reversal Of
an order denying one, for some mere technical
or verbal error or untntentional misstate-
ment, of law or fact, which could have been
corrected at the trial had attention been
called to it by counsel
Second-Various rulings on the trial of
this action considered and held to present no
reversible error, and the evidence is exam
ined and held to sustain the verdict Of the
jury. order affirmed. Brown, J.
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1902-01-17
St. Paul Loses.

The city of St. Paul loses in condemna-
tion proceedings brought against property
owned by the Lumbermen's Insurance
company, the court holding:
Lumbcrman's Insurance company ct al. ap-
pellants VS.. City OF st. Paul, respondent.
First-In condemnation proceedings in the
city of St.. Paul the notice given and pub
lished by the board Of public works, under
the provisions Of section 101 Of the municipal
code 1893. conformed with the order of the
common council directing such proceedings,
in the matter of description of the property
to be condemned. The condemnation was for
sewer purposes, and after describing other
tracts of land to !be condemned for the same
purposes and therein definitely locating what
was known as the Phalen Creek culvert, the
notice proceeded as follows: Also strip
thirty feet in width extending from the south
end Of said culvert to the north end OF SAID
Iculvert, the center line OF said strip shall be
the center line of said culvert. !" In the So
called assessment sheet or award OF damages
ana In the notice of confirmation the words
''the center line of which strip shall be the
center line of said culvert'' were omitted, but
in the assessment sheet or formal award OF
damages it was rected that the assessment
was in accordance with the order of the COM
mon council of said city approved Aug. 10,
1895. which was the order upon which was
predicated the notice of assessment Held,
that the property to be condemned was sufh-
GENTLY and definitely located and that the as
sessment sheet or award was not indefinite
and void because of this omission.
Second-The sufficency of such condemna-
ton proceedings is not to be determined and
disposed of by an examination of a single in
strument of paper, such for example as the
assessment sheet or award of damages, or the
order of confirmation, but the entire record
or what may be called a roll OF the proceed
ings. is open to inspection.
Third-A paper so referred to and described
in written instrument, that it may ne identi-
fed beyond all reasonable doubt, may be, b3
such reference, made a part Of the instru'
mont as if incorporates Into the body of it.
| Order reversed. Collins. ).
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1902-01-17

mortgagor, in respect to the mortgage as
signed. 81.
Rule applied in case where the mortgagor
was negligent in signing a mortgage under
the fraudulent representations of the mort
gagee that it was a different instrument.
Judgment reversed Lewis, J.
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1902-01-17
Lumber company, corporation, appellant.

Flrst-A verbal contract for the hiring OF
an employee for the period of one year where
the term is to commence at a future time and
cannot be fully performed within year from
the hiring, it is yodable under the statute
Of frauds, section 1909 subd. !, G.. S. 1894.
Second-While such contract is yoidable,
yet if acted upon by the parties while it re-
tains the element of on-enforcibility and
furnishes the means Of ascertaining the
amount of compensation for what may have
been done under it, and If the services con-
templated are fully completed the compensa-
ton provided for therein may be recovered.
Spinney VS.. HILL 81 Mimi, 316.
Third-But it is not, however, permissible
upon, such memorable contract, as in the
case at bar, to imply by continuance of
labor on one side and the payment of services
On the other, a period of service for the
sarne term as the first invalid agreement.
Order reversed and a new trial granted.
Lovely, J.
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1902-01-17
St. Louis County.


F. 8. Kosmerl ct al, appellant, vs.. S. F.
snively, etc., ct al, defendants, Anna
Paciska and Wilhelmina' Possack, respond
entS
F. S. Kosmerl ct AL. appellant, VS.. S. F.
Snively, etc., ct al. defendants, Katherine
/ Schafer and Christian Mueller, respondents.
In an. action to quiet the title to real prop
erty brought against the administrator Of the
estate Of deceased person, former owner of
the property, and his unknown heirs, certain
persons claiming to be such heirs appeared
and answered, setting forth in their separate
answers, that they were heirs of the deceased
and claiming title to the property; on gen.
eral demurrer by plaintiff Of such answers,
it is held that the allegations that defendants
are the heirs OF deceased are admitted and
it is immaterial that the question as to which
of defendants the rightful heirs has not
been determined by the probate court Order
affirmed. Brown, ].
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1902-01-17

of the Discovery and some Of DR..
Pierce's Pellets was able to do reason
able days work When commenced
taking it I weighed I56 pounds, and
when I quit I weighed 178. The Golden
Medical Discovery is the best medicine
for such diseases aud to build up the
constitution that ever knew of, and /
take pleasure in recommending it.
vYou may publish this if you wish,
and If any one doubts it being true if
they will refer to me will write to them
myself, and if they will try it they will
be convinced"
WRIGHT IS THE WITNESS.
There is witness to the soundness of
the cures effected by vGolden Medical
Discovery" whose testimony is unim-
peachable 1t is the witness of weight.
There's no sentiment in the scales No
Imagination in the pound weights They
deal absolutely with the solid facts of
solid flesh. When a man is sick with
indigestion and liver complaint he gen
orally loses flesh. When he takes
vGolden Medical Discovery" and cures
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1902-01-17
Building Permits.

DR.. F. C. Cobb, 1900 Lake Harriet
boulevard; dwelling Observation-Disclosures. SO, 90
Julia Holbert, 212O Garfield avenue;
dwelling ................... ............. 2,5C
c.. E. Robbins, 2919 Girard avenue n;
dwelling Observation-Disclosures. loo
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1902-01-17
Fraudulent mortgage Set side.

In a Henepin county. case involving title
to real estate, the district court is re-
versed. Martha Paulson signed g mort
gage to her property on representation
Of one Coleman that it was a release nee
essary to sign in order to hold the prop
erty. The mortgage was assigned to
Julia l.. Koon. who was adjudged by the
lower court the owner OF the property.
The supreme court holds as follows:
Martha Paulsen, appellant, VS.. Julia L. Koon
ct al. defendants: Julia =. Koon. respond
ent. .8sssss:a tt5ss5issY5t rs 81
An assignee, without notice. is charged
with the equities existing IN favor OF thu
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1902-01-17
Ramsey County.

Ramsey County.
Albert Steinbauer, respondent, VS.. Charles
Stone, appellant
First-The firmly established practice in
this state requiring counsel on the trial of
an action to call attention to obviously I'M
intentional mis- statements and verbal errors
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1902-01-17

Total, three permits ................. Sc. 500
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1902-01-17
Wash Goods.
Women'S and Children'S Underwear

again Knife fallen heavily. Have
before? We will haven't
investigate these know
chidren's pant values
Saturday ~
ribbed the r
kind for
45 sssasdsy
for womens camss Hair Vests and goods 70t
Natural Wool Vests ants-the $100 quality TX
quality Sanitary Wool Ves--this On
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1902-01-17

Martin Lally, respondent. VS.. the croohton