Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1906-01-31
UPREME COURT
Decisions on Interesting
Gases From Cavalier
and Cdss Counties

George w. Buckingham, respondent,
VS.. William FIummerfeIt, ct al, Re.
sponderts, and w. j. Edwards, appel
liant.
l., Where review on appeal is
sought under section $500, Revised
Codes of 1899, it is the duty of the
appellate court to dispose of the case
finally on the merits, unless it deems
a new trial necessary to the accom-
plishment Of justice; and this, wheth-
er the case comes up for review on all
the evidence, or whether a single
question Of fact is specified for re-
view. Is g5s: s!Si5 s
2. Where a single question Of fact
7 is specified for review on the evidence
under section $500, Revised Codes Of
1899, this court will not review that
question unless all other facts ma
terial to the determination of the
issues appear on the record.
8. An architect is not entitled to a
mechanics lien for services In pre-
pairing plans and specifications for a
contempla lated building upon the build
| ing actually constructed on different
plan after the first plans for which
the lien is claimed had been aban-
doned
4. Services rendered in surveying
and making the site for a building
and drawing contract for construc-
ton of the building are not labor for
which a mechanics lien may be
claimed. / ,:s5
Appeal from the district court OF
Cavalier county; w. j. Kneeshaw,
judge. +: " .l$ss a5
G. F. Wyvell, for defendant and APP
pellant. . FL .5.s .3 4,
Bosard & Bosard, for plaintiff and
respondent. ri b
Joseph Cleary and Gordon & Wheel
er, for defendants and respond Tents. i,
Opinion by Engerud, J. Judgment
affirmed. n 81
Cora l. caImer respondent, VS..
Henry E. calmer, ct al, appellants.
II. Section 36o5, Revised Codes OF
1899, is not to be construed as a
definition of the term Il omestead,"
but as definition and Limitation Of
the homestead exemption. I
q. The surviving widow or minor
children are entitled ito a homestead
estate to the extent prescribed by the
statute in the property owned and oc-
cupied by the decedent at the time Of
his death as q family home, although
the homestead exceeds in area or
value the statutory limits of the
homestead exempt ion. Sf
3. Where the homestead is indivis-
| fble without material INJURY the sur
viving husband or wife or minor
children, as the case may be, are en-
titled as against the heirs or de-
vises to hold the entire premises as
a homestead estate, even though the
property exceeds five thousand dollars
in value. Il!
| To the extent that such indivis-
Iible homestead exceeds five thousand
dollars In value It may be subjected
| to- the payment Of the debts Of the
deceased, hut not until all other avail
able assets Of the etsate are iex;
hausted. ssa
S. In determining the value OF the
homestead for the purpose OF ascer-
tanning and selecting therefrom the
homestead exemption Or estate. the
amount Of existing mortgages or liens
thereon cannot be deducted from the
value Of the property.
Is. When a homestead estate is de
Icreed by the county court In q home
stead which exceeds five Thousand
ldo1lars III value and is indiyisibie, the
decree. should show the amount OF the
excess III value and the fact that the
property Isl indivisEble. 81 \
/ Appeal from the district court Of
Gass county Charles a. Pollock
Judge.
Lewis r. Hamilton and Newman
Holt e Frame, for appellants.
4. II. McEnroe, for respond emit
Opinion by EngerHd, ]. Judgment
of the said district court within and
for said Cass county appealed from
herein, be and the same IS hereby
modifed 10 that the said Judgmenl
4 will show that the homestead as
signed to the respondent exceeds ths
statutory limit to the extent Of tws
Thousand dollars and that the fome
4 stead cannot be divided without ma
tterial injurs;;s and as thus modified
1 the judgment Is af1armed. 4
Removal Sale.
il have 4 lot of rugs, both large ami
a small to gdispose of yet ALSO som,
i nice pieces of duruitsfe Iron beds
MI ri Ss-s,nlxx sSg,dg Ssrffts I, II pxlfrts i,