davidaulloa/AmericanStories huggingface dataset:
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1912-04-30
Supreme Court.

In the Supreme Court, State OF
North Dakota, April, 1912, Term,
Emil A. Movius and John H. Movius,
respondents. VS., Moses P. Prop
!, per, appellant.
l.. On January 16, 1905, the district
court Of Rchland county made its
order for judgment the material por.
ton of which Is as follows:
1T is now on motion Of A. L. Par.
sons, attorney fol. the plaintiff, order
ed that plaintiff have judgment against
! the defendant herein for the sum OF
$4,000 the amount asked in the sum-
mons and complaint, to gether with
the costs and disbursements Of this
action to be taxed by the clerk.
Let judgment be entered according
ly.
BY the court,
FRANK P. ALLEN, Judge.
Attest j. M. Kramer, clerk.
Costs allowed on above judgment
as ordered $3.50, making total judy
ment $624.50.
]. M. KRAMER,
(SeaD Clerk of Court.
Such order was entered at length
by the clerk in the judgment docket
and hereafter certain real property
of the judgment debtor was levied
upon and sold under execution, and
no redemption having been made, a
sheriff's deed was duly issued to plain
tiffs who have expended large sums
Of money in reliance upon there title
thus acquired, with the knowledge
and implied consent of the defendant
In the case at bar
Held, that such order when entered
In the judgment docket constituted
valid judgment as against the defen-
,dant in the case at bar who is a stran-
ger to the record in the action in
which such judgment was rendered.,
and under the facts stated in the
opinion he cannot be heard to chal-
lenge the validity thereof. McTavish,
". G. N. Ry. Co., 8 N. D. 1888, is re-
ferred to and distinguished.
2, Evidence examined and held
that the trial court properly found
that defendant did not purchase the
interest of the judgment debtor in the
real property in controversy as con-
tended by him.
5. Respondents being the owners
OF an undivided one.half interest in
the real property in controversy, and
appellant being the owner of the re-
naming interest therein, an account
Ing was had in the district court al
to advances made by each of the par.
ties In the payment of the purchase
price OF such property, together with
interest and taxes, and also the value
OF the use and occupation thereof by
appellant, and balance of 1928 was
found due to plaintiffs from defendant
and this court finds balance of only
FISTS thus due plaintiffs on such &C.
counting: The Judgment is according
~ modified to this extent.
4. Where parties have adopted a
certain theory in the trial of a case
In the district court and that court
has decided the case pursuant to such
theory, neither party will be permit.
ted In this court to change the theory
thus adopted
Syllabus by the court.
Appeal from district court, Sargent
county; Frank P. Allen, Judge.
From judgment in plaintiffs' favor
defendant appeals.
Modified and affirmed.
w. s. Lauder, attorney for respon-
dents.
Forbes & Thorpe, attorneys for ap-
pellant.
Opinion by Fisk, J.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1912-04-30
Baking . Helps : ;
LasRn t. REGULATE the Heat Of
Your Oven #-
ByMIs. .janef Mckenzie Hill, EGitovof
1 tie BostOs Co0king School Magazine

ByA1s. 1anet Mckenzie Hill, EGitoyot
tie Bosto. Gooking School Magazine
I. There is Just one way to make
your cakes rise high and keep an
even surface. Have your oven
moderate at first, until the cake is
fully rizen; then increase the heat,
so as to brown it over quickly.
Extreme heat stifens the dough.
If you stiffen the outside of the
cake before the rising IS complete,
you stop the rising process. Then
the leavening gas, forming inside,
will bulge up the center, where
the dough is still soft, and spoil
the shape Of the cake. z "A
n. Nor1-Biscuits or other pastries
made from stiff dough, that are cut into
shapes for the oven, bake in hot oven.
This is because the cut surfaces of the
dough do not scar over, but rather
leave the pores open, allowing the
leavenlng gas to escape and the heat to
penetrate readily. Small ovens cool
quickly; therefore they SHOULD be made
several degrees hotter than a larger
oven, and the less the door is opened
the better. Do not attempt to bake
bread and pastry together. Bread re-
quires prolonged, moderate baking
pastry the reverse. 5t.Gl.., s..,..g
Have strong underheat for baking
powder preparations, especially pastry.
i These are only q few Of the many
baking helps found in the K G Cooks
book copy of which may be secured
oy sending the co1ored certificate taken
from 25-cent can of X c Baking Pow
der to the JAQuEs MFG. Co., Chicago
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1912-04-30

+ 4 = = = q + 4 q q q q @@%$
+ FOUND BUTTS COMPANION 9
= NEW YORK, April - ny Tho q
+ body of Frank D Milett, the IN .
:: fist, who accompanied Major q
+ Butt on the trip abroad, was .
= among the identified picked up .
: by the Mackay-Bennett, also that .
= of DR.. w. e. Minahan Of Fon du q
*Lac wis.
q + = = . = 90 q q q q . 49,
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1912-04-30
LICENSED, "A. AUTOS

issued by the department of state to-:
4632-J. ]. Lee, Mott. 90
453ss'-L B. Dolsom, Fargo.
1884 H. Bratton, Rugby. ..
1886 J. NJ Brett, Park River.
4536-John Sauter Linton.
7537-C Clarence Flesche, Finley.
455S38S George Mcintyre, Mayville.
453399-Martin e. Thompson, Cando.
4540-N. D. Ind. Tel. Co., Fargo.
4541-Christian F1ntz, .Jr., Mott.
4542LEmannel Barth, Mott
454334R. "A. Fox, Towner. ~,
4544-G G. Lutte, Lok0ta.
$3.50. F. Grogan, Williston.
4546-A. L. Oberg, Minor.
4547-Dr. J. 8. Davies, Granville.
4548- &C. Morstad, Leeds.
4549-Mrs. c. E. Larson. Dickey.
455O-A. l.. Crabtree, Hume.
4551-W w. King, Minor.
4552-D s. Littlehales, Mandan.
455S-Martin Hake, Glenburn.
4554-James H. Bryce, Walhalla.
4555-N F. Spear, Bowman.
4556-C. N. Norwood, Westhope.
4557-J ]. Heffern, Aedoch.
455S-Pete Gorthy, Binford.
4559-B. c. Phipp, McHenry.
456O-Michael J. Mangan, Hettinger'
4561-Geo. s. Sarchet, New England.
1857 w. Stribbing, New England
456a-Albert H. Vogel. Kuhn.
4564-R. J. Maurer, Portal.
4565-Martin Manson, Ambrose.
~ G Hawaii vnoh
4567-W. H. Robinson. Garrison.
'456S-C. F. Carlson, Plaza.
4569-Martin Apland, Bergen.
457O-C. H. Koehler, Voltaire.
457l-New Leipzig State Bank, New
Leipzig. .
4572-Val Hoarner, Lawther.
457s-Dr, f. E. Lornzen, New Leipzig.
4574-F. A. Brown, Jr., Regent.
4575-J. R. Mackenzie, New Rockford.
4576-Chas. MacLachlan,> New Rock.
4577-B Rasmussen, Mekinock.
4578-Robert F Salzedel, Enderlin.
4579-Theo. Ellingson, McHenry.
45SO-David Bartlett, Cooperstown.
4581-S. o. Jackson, Rugby.
Gilbert S. Holstad, Enderlin.
$3.50. Roy Ringo, Minot
4584-Wm. Wolff, Berwick.
ASSN. J. Farnard, Finley.
4586-M. E Soliah, Hatton.
4587-Ed. johnson, Egeland.
45Ss-Johan Eidsvik, Williston.
4589-A. &. Bylin, Morton.
$500. P. Schwinghammer, Hannah,
4591-C. IT. Doyon, Doyon.
4592-Ben E. Burt, Doyon.
4593-John A. Stafne, Alexander.
4594-Oscar Carbon. Fort Ransom
1885,. D. Fuller, Linton.
4596-Carl Vorlander, Linton.
4597-Dodge, Painter & Demantt
Cavalier.
459S-Hugh Gibson, Walhalla.
4599-P. A. Cook, Beach.
4600-Frank Erickson, Beach.
4601-C. NJ. Kribbs, Wimbledon.
1907 WIN. Mork, Souris.
4603-J. B. Garwood, Souris.
4604-C. O. Cullen, Souris.
4506-Wm Baird, Fordville.
4606-F. c. Winmill, Stanton.
46N-V. Albert Asplund, Glenburn.
460S-A. B. Kerlin, Devils Lake.
4609-A. B. Kerlin, Devils Lake.
4610-G. M. Hunt, Wimbledon.
4611-James P. Widmeyer, Rolla.
4612-Lars Borreson, Aneta.
4613-O A. Holte, Aneta.
4614-John G. johnson, Kloten.
4615-B. S. Draxten, Northwood.
4616-Hans Haga, Northwood.
46'7-M. N. Gergen, Perth.
4e18-Ed E. Porter, Calvin.
461S-D. w. Leonard, Rolette.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1912-04-30
uP.roIpATE METHODS
Sterling Mail Carrier Purchases !. n.
c. Commercial Car.

Victor Mercer, rural mail carrier
who delivers along one of the routes
out of Sterling, has Just purchased an
I.H. C. commercial motor car. He
will use it for delivering mail and
hauling freight. Mr.. Mercer is deter
mined to keep abreast Of the times
and hence adopted this modern and
up-to-date method Of travel.
The Forrest City times., 1912-04-19
l25,000 AMERICANS GO TO CANADA IN 1911.
THE YEAR 1912 WILL SHOW A
 GREAT INCREASE.

In ,aport of the House Committee Washington appears the following:
 Canada offers a three-year home stead upon good land, easily reclaimed and cultivated. with six months leave of absence each year and most lenient regulations"
 All of which Is true and 1t Is now the part of the careful reader to con slider the opportunities that exist in Western Canada which, in addition to the above, are attractive features The evidence of these Is found in the letters contributed by some of the settlers. For instance: A former Min nesotan, writing from Warner. South ern Alberta, speaks of that district. but what he says. applies generally to all or Southern Alberta. He says:
 T have seen six crops, four of them were first class, one of them a very good crop, and the other a poor crop. Government statistics for the last if teen years show that this country has averaged about fifteen or sixteen Inches of moisture. In 1910 there was S'44' S-f1h 4AAiAfS, anu III 1Jl1 twenty two inches. The 1909 crop was about as good as I have seen in this coun- try and We had about twelve inches of moisture, so that l am thoroughly con vinced that with normal conditions, that is, from twelve to fifteen inches or moisture, and with the natural in- crease of population and immigration, that Southern Alberta will be one of the very best mixed farming districts in the world. We have good soil, good water, and good climate, and alto gether just as desirable a country to live in as Dakota, Minnesota, Iowa, or Wisconsin,"
 Hundreds of letters are on file from former American settlers, which give good reasons why the Western Can ada lands are being settled so rapidly. Full particulars can be had of any Ca nadian Government Agent, who will furnish literature and give low rate certificates. Excursions are being run daily.
The Forrest City times., 1912-04-19
Invading the Enemy's Country.

"In pursuance of plan l have had in mind for some time," announced Pastor Goodsole at the close of his sermon, 'I have rented a small room in an apartment house in fashion able neighborhood and expect to open mission Sunday school there on the first Sunday in May. don't know brethren, where the children who at tend it are to come from, if, indeed any children attend it at all but 1t will be there all summer, and may be re- garded either as an opportunity or as a reproach We will now sing our closing hymn"
The Forrest City times., 1912-04-19
COFFEE HURTS One in Three.

Il is difficult to make people believe .uaI coffee is poison to at least one person out of every three, but people ai slowly finding 1t out, although .'ousands of them suffer terribly be- 'oie they discover the fact.
 A New York hotel man says: "Each sa,, s.l,G alter drinking coffee I became s'''e9s' nervous and excited, so that %as unable to sit five minutes in one place' Was also inclined to vomit and a,a eansf rom loss of sleep, which got worse and worse.
 th @ i@ay sald that perhaps coffee was the. the cause of my trouble, and suggested tt try Postum. 1 laughed at the ins.+s iaeHt that coffee hurt me, but she cos. ,9.s'ea so hard that 1 finally had ,s-', o.Ae fostum made. have been us. s U Ih place of coffee ever since. for aal nouced that all my former nervous. ao sos and irritation disappeared. I be. tsa. tan 'o Sleep perfectly. and the Postum su coae as good or better than the old ,na ,e' so what was the use of stick. ne? "ee that was lnJurlne cono! ohe day on an excursion up the frianS s'y l remarked to a young lady anoa on her greatly improved appear. hasor She explained that some time ts.o- she had quit using coffee and pnn-r to Postum. She had gained a pita.3e ,,qer or pounds and her former pal. ears ''Vn . or the heart, humming in the ana trembling of the hands and legs disanonef osnef disagreeable feelings had oni. onit.ppeared. l She recommended me to Very rohee n and take Postum and was alreaau aiueh surprised to find that had
 aSS auy made the change.
 esinaS le said her brother had also re. eoffsa su great benefits from leaving off a rsssa se ana taking on Postum." There's one amend read the above Ietterf new ere gsnras from time to time. Th.y interest Ae' true, nnd full of huma.
The Forrest City times., 1912-04-19
po,io. Must Prove Efficient.

Fort Smith.-Recent appointments to the police department to succeed off cials who were discharged by the city council as a result of a lynching here are only temporary and on probation according 10 Mayor Bourlands mes sage to the aldermen. The mayor stated that if the appointees did not give satisfactory service they would he discharged immediately. His mes sage covered the appointment oi ueorge W. Moss. the reform chief oi police.
The Forrest City times., 1912-04-19
Altogether Too Late Now.

A lady who was anxious to obtain a good general servant applied at an Intelligence office and was assured by the proprietor that she had just the person to suit 4 raw-boned Irish woman some fifty years of age came forward
 We'll said the lady, after a short conversation, T would be very glad Ito engage you. but"
 But what. pray?"
 Well you see l wanted one who is who Is rather younger"
 An lndadei' exclaimed the woman, ioialng her arms and glaring iudig- nantiy lS it's pity the good Lord uloh | make he in the yare to suit your Yonyanience.
The Forrest City times., 1912-04-19
DON'T SUFFER!

To those who suffer from BILIOUS NESS. CONSTIPATION, HEAD ACHES. DIZZINESS, or any MAL.A- RIAL TROUBLE, we confidently rec ommend BONDS LIVER PILLS. One small pill at bed time relieves these troubles immediately. Bonds Pills are Small, Mild and Effective. They are not "cure all" nor are they so advertised. Try one pill tonight and be convinced. Sold by all druggists. If you have never tried these ideal pills. send to us for free sample. Bonds Pharmacy Co.,. Little Rock. Ark
The Forrest City times., 1912-04-19
Int,nczton Aqainst Tax Collector

Hot Springs.-Collector s. 4. Buch. anan is restrained from collecting taxes or penalties on the property of Mrs. s. E. Ellsworth and the City Ice Company, pending the outcome of suits filed by these property owners against him, under orders of the chan. cerv court. It was alleged the yalua. tions placed on the property owned by the plaintiffs have been changed and doubled since the equalization board passed on them. Chancellor Henderson granted the two temporary iniunctions against the collector in order that he might investigate the charges contained in the suits.
The Forrest City times., 1912-04-19
No Fear of Overflow.

England Fear has suhsided here that the backWater and overflow would damage tho farming property in this neighborhood This city is only nine miles from the Arkansas river and in the Plum Bayou leevee district. This levee has already stood the test once when high water reached stage Of 26 feet. The leyee in this district is conceded to be the best piece of work of it's kind in the country.
The Forrest City times., 1912-04-19

eorning--Fred Gage. 13 years ole. son of MT and Mrs. D. N Gage, while climbing the steel fence around the court square here sustained a serious injury when his foot slipped and al lowed him 10 fall on one of the steel piekets, which pentrated his abdomen about three inches.
The Forrest City times., 1912-04-19
How Aauravatinu.

Brown-I saw man drop twenty |stories the other day, and it was a |caution the way he swore. Greene-Swore after dropping twen- Ky stories?
 Brownies. They were in a mag azine he Sad just bought, and he dropped 1t fin the mud.-Judge.
The Forrest City times., 1912-04-19

Conway.-A sufficient acreage of strawberries in the vicinity of Conway to insure shipments of four cars of berries per day next year is already in sight, according to Secretary W. D. Cole Jr., of the Faulkner County Truck Growers Association Mir. Cole is an enthusiast on the beryy question and thinks there is a great future for that industry ll this section.
The Forrest City times., 1912-04-19

Arkadelphia.-A petition is being circulated among the voters of this county for the purpose of invoking the initiative and referendum for sub hitting to the voters of Clark county at the general election the question of placing all the office holders of Clark county on a salary basis. It is believed by some of the people that this is the result of the recent election
 and the defeat of all the long tegmers
The Forrest City times., 1912-04-19
Pine Bluff.-AIleeine the set under

Pine Bluff.-Alleeing the set under which the free bridge district was authorized to be unconstitutional, and that the directors were planning a meeting to take final decision on the petition. T H. Collier. large taxpayer of this county. filed an appeal in the chaneery court for an injunction to restrain the board of directors from meeting, circulating petitions or de claring a result A temporary iujunc. ton was granted
The Forrest City times., 1912-04-19

To keep artificial teeth and bridge work antiseptically clean and free from odors and disease germs, Paxtine Antiseptie is unequaled At drug gists, 25c box or sent postpaid on re- ceipt of price by The Paxton Toilet Co, Boston, Mass.
The Forrest City times., 1912-04-19

Arkadelphia-One of the largest land deals made in this section of the country was consummated here by the Arkansas Lumber Company of this city, consisting of tract of 1929 acres of virgin hardwood timber located four miles south of Philadelphia on the Ouachita river, to Indiana capitalists, the consideration being s45,000.
The Forrest City times., 1912-04-19

eamden.-The new mayor and board o1 aldermen have taken their offices. Mayor Morgan and the board of alder. men VIII begin a crusade to prevent mosquitoes and flies by ordering the cleaning up of all parts of the city
The Forrest City times., 1912-04-19
When Your Eyes Need Care

Try Murine Eye Remedy. No Smarting-Feels Fine-Acts Quickly. Try il for Red, Weak. Watery Eyes and Granulated Eyelds. Illus compounded by our Oculsts-not a Patent Med icinee-but used in success sful Physicians Prac- tice for many years. Now dedicated the Pub
 lie and sold by Druggists at 25c and Soc per Bottle
 Murine Eye salve In Aseptio Tubes, 25o md Soc. Murine Eye Remedy Co.,. Chicago
The Forrest City times., 1912-04-19
Hospital Experlments With Warts

Physicians at Hahneman hospital |in Philadelphia are experimenting for |the removal of warts and advertised Tor one hundred men and women |burdened with the blemishes.
 There has been such a rush of the
 WaTt-laden the hospital bids fair to become an immeuse beauty parlor.
The Forrest City times., 1912-04-19

Hot Springs.-The dates for the Ark. ahsas State Fair have been get for the week of November II to IS. inclusive This will give the various counties a months time in which 10 hold their eXpositions and box and ship their best exhibits to the fair.
The Forrest City times., 1912-04-19
The New Wife.

Hubby-My dear, won't you sew on a button for me before you go out?
 His New Wife-The cook may pos sibly do it for you. But please bear in mind you married a typewriter. not a sewing machine.
The Forrest City times., 1912-04-19

9amden.-ln his address to the grand jury Judge Hayes laid special stress on the enforcement of the laws against carrying concealed weapons and 'bootlegging.
The Forrest City times., 1912-04-19

Pocahontas-In the recent city alec. 'ioh here the faction fayoring tho pen. ning up of hogs won over the one ad. Foeatlng that they be allowed to run free.
The Forrest City times., 1912-04-19

Rather than lose out at the last min ute. the bride will promise to obey hut she always has her fingers crossed
The Forrest City times., 1912-04-19

Dermott.-0Wing to the high water. the annual meeting of the Southwest Arkansas Athletic Association, to be neia Tn this city, has been postponed. The meeting will probably be held May r.
The Forrest City times., 1912-04-19
The Easiest Answer.

Teacher-Thirty eggs at 55 cents a dozen Is what?
 Pupil-It's-it's outrageous. sir Boston Evening Transcript
The Forrest City times., 1912-04-19
Use Aliens Foot-Ease

The antiseptic powder to be shaken into the shoes for tired, tender, smarting, ach- ing, swollen feet. It makes your feet feel easy and makes walking a Delight Sold everywhere. 25e. For free trial package
 address Allen S. Olmsted. Le Roy. N. Y
The Forrest City times., 1912-04-19
All Over Arkansas
sssessesssosesos..o

IonWay-All records of Sunday sonooi attendance in Conway were broken at the Methodist church when 576 were present.
The Forrest City times., 1912-04-19

It doesn't seem right that a woman should have two ears for hearing gossip and only one tongue for re- beating it.
The Forrest City times., 1912-04-19

bonanza-The two largest store puiiuihgs and four residences here were destroyed by fire. The origin of the fire is unknown.
The Forrest City times., 1912-04-19
TO DRIVE OUT MALARIA
 Mn IktTIVn I'D

Take the Old Standard GROVES TASTELlsSS CHILL TONIC. You know what you taking The formula Is plainly printed every bottle, showing Is simply Quinlne and Iron in tasteless form. and the most e1ectual form. For grown people and children 50 cepts
The Forrest City times., 1912-04-19

After sympathizing with people who are in trouble many a man begins to feel like a hypocrite.
The Forrest City times., 1912-04-19

young widow has one important advantage over the inexperienced maid-she can act as her own chap eron
The Forrest City times., 1912-04-19

Nothing jolts an egotist like the re- |usal of people to pay any attention to him.
The Forrest City times., 1912-04-19

Garfield Tea, for the ills resulting from im, pure blood. IS a remedy of tried efficacy
 Drink before retiring.
The Forrest City times., 1912-04-19

Perhaps you are one of those chaps |who want the earth. If so. what would
 Eou do with the old thing if you had itp
The Forrest City times., 1912-04-19

When an old man dies and his rela- tives say that he Is better of the chances are that he is.
The Forrest City times., 1912-04-19

Smile on wash day That's when you use Red Cross Ball Blue. Clothes winter than snow. All grocers.
The Forrest City times., 1912-04-19

ONLY ONE "BROMO OUININE." That Is LAXATIVE PROMO QUlNINR Look for the signature of E; W. GRoYE Used the Word sveT to Cure Cold in One Day. 2Sc-
The Forrest City times., 1912-04-19

Mrs. wtnsiow's Soothing Syrup for Children teething, softens the gums, reduces innammA- ton, allays pain, cures wind colic 25c . bottle.
The Forrest City times., 1912-04-19

If a man saves money it Is because
 is kept too busy at work to spend Il.
The Forrest City times., 1912-04-19

Women lean toward mystery. but men lean toward mastery.
The Forrest City times., 1912-04-19
SODA FOUNTAINS

Eew and second hand from $50 up. We carry 8
 hl inc of soda and bar Glassware, Fruits. Byrups, Extracts, Carbonators, Percola4ors,
 ec Mail orders get right away attention. Ne save you freight. Electric & Fountain buppy Co.,, 3II-l3 Center St., Little Rock, Ark
The Forrest City times., 1912-04-19

Kill the Files Now and Prevent disease. A DAISY FLY KILLER will do 1t. Kills thousands. Lasts all season. 15 cents each at dealers or six sent prepaid for sl 00. II. SOMERS, 150 De Kalb Ay, Brooklyn, Y.
The Forrest City times., 1912-04-19
PILES CURED INsTo DAYS

Your druggIs vii refund money If PAZO ONT bENT fatls to cure any case of ltohiug, Blind Bleeding or Protru4ing Piles in to l4 days. 50c.
The Forrest City times., 1912-04-19

Since 1t is worth while to be well, take Garfield Tea, Natures Medicine,
The Forrest City times., 1912-04-19

The deserving poor do not always deserve to be.