davidaulloa/AmericanStories huggingface dataset:
Franklin's paper the Denver star., 1913-01-04

WIN. SPRAGUE. Grand Secretary.
ROCKY MOUNTAIN LODGE NO. I,
A. F. & A. N.
Meets the first and third Monday
nights in the month at $3.50 Welton
street.
VIM. SPRAGUE. Secretary.
P. o. Box 154.
CENTENNIAL LODGE NO. 4, A. r. 4
A. M.
Meets the second and fourth Mon
day nights in the month at 1882 Arap.
ahoe street. All Masons in good
standing are invited to attend.
CALEB ALLEN. Sec,
Caleb Allen, 929 21st street.
QUEEN OF SHEBA COURT. No. .,
Heroines OF Jerico, meets the second
Friday in each month. At 2:3o p. N.
at 1712 Curtis street. Mrs. NJ. e.
Hackey. A. NJ; Mrs. l.. B. Moore, SEQ
rstary. 1926 Glenarm Place.
LCNE STAR CHAPTER NO. IS,
o. e. 8.
Meets the first and third Friday In
each month at 2630 Curtis st.
MRS. IDA WAITE. w. NJ.
SADIE GWYN. Secretary.
1850 Welton street.
HIRAM COMMANDERY NO. 20.
Hiram Commandery. Knights Tenn
plar. meets the second and fourtn
Tuees edays in each month at lsSz
Arahapoe street.
f. T. BRUCE. e. c.
T. w. RICHMOND. Rec
2227 fremont Place.
ROCKY MOUNTAIN LODGE NO.
2sao. G. U. o. OF o. F.
Meets every Thursday in the month
at 1880 Welton street.
26l2 Welton st.
aRAPAHoE LODGE NO. 1865,
G. v. o. OF o. F.
Meets the FIRST and third MONDAY
nights in the month at Odd Fellows
Hall. 1892 Arapahoe street
GEO. d. HALL. P. g..
p. o. Box Sss.
Denver Lodge No. s6i6 G. U. o. OF
q. +. meets the second and fourth
Thursday nights in each month Al
odd Fellows hall, 1896 Arapahoe
street.
C. S. MUSE, p. s..
1921 Gaylord st.
DENVER PATRIARcHY. NO. 81.
month at Odd Fellows' Hall. 1882
Arapahoe street.
HOUSEHOLD OF RUTH. NO. se7.
Meets the Hrst and third Tuesdays
OF each month at Odd Fellows Hall.
263O welton street
MRS. CLARENCE HOLMES. 2lss
Curtis street. Worthy Recordere
Household OF Ruth, No. 4l3o, meets
the second and fourth "Wednesday
evening, at 26l2 Welton street.
( MINNIE DOWNEY. w. II.
MINNIE WILLIAMS. NJ. n. G.
PAST GRAND MASTERS COUNCIL,
NO. 11e, G. U. o. OF o. F.
Meets the second Friday in eacn
month at Odd Fellows Hall. 1882
Arapahoe street
UNITED BROTHERS OF FRIEND
SHIP AND SISTERS OF THE
MYSTERIOUS TEN.
Western Star Lodge No. 128. U. b.
Of F., meets the first and third Tuees-
day evenings OF each month at 1887
Arapahoe street.
G. D. HALL, w. NJ.
r. NJ. GR1GSBY. Sec.
CAPTOLiA TEMPLE NO. 1873, 8. N. T.
Capita!!a Temple OF the Sisters Of
the Mysterious Ten meets the second
and fourth Wednesday OF each month
at 1882 Arapahoe street.
MRS. LILLE LEWIS, w. P.
MRS. CELIA LEWIS, Sec'y.
WEBSTER TEMPLE NO. s, s. M. T..
MMeet second Thursday afternoon
and fourth Saturday evening at 1886
Arapaboe. Worthy Princess, Mary E.
Wade: Lulu Jackson. secretary. 1927
Marion.
QUEEN OF THE WEST NO. I.
Queen OF the West Temple No.
and third Thursdays in each month.
MRS. WASHINGTON. w. p.
MRS. LOUISA COOPER. w. 8.
1888 Marion Street.
QUEEN ELIZABETH TEMPLE NO. 8
9. m. r.
Meets the second and fourth Thurs
days of each month at 2630 Welton
street.
Dora Loveless. w. p.
Nettie NJ. Kelly, Secy.
GOLDEN GATE JUVENILES,
s. N. T. and U. B. F.
Meet the second and fourth Satur-
day Afternoons at o'clock at 1882
Arnpahoe street. All members in
The daily sentinel., 1913-02-28
Only Unwise
People Tolerate
CATARRH

Here is sure way to get rid of
Catarrh; hawking snuffling, and all
misery caused by the catarrh germs.
Get a HYOMEI' outfit today, fol-
low the Instructions and breathe five
times a day deep ipto your lungs the
germ killing air through the little
inhaler.
At night just before going to bed
use the vapor treatment as directed.
This treatment is prescribed by the
best Catarrh Specialists in America
and Europe to destroy Catarrh
germs.
Booths HYOMIT is Australian Eu-
calpytus and other splendid antisep-
tics. complete outfit which in
cludes inhaler is 81; separate bot
ties, If the first does not entirely
cure, can be obtained for soc, and
money back from the c. D. Smith
Drug Company stores if you are dis
satisfied.
Just breathe tho stomach dos
ing.
(feb. 90; mar 1,5)
The daily sentinel., 1913-02-28
Are Stenographers
Under Protection
of Eight Hour Lau

Does the S-hour law for women ap-
ply to stenographers3
This is a question that il is ex-
pected will be decided in an opinion
now being prepared by the attorney
general at the request of the labor
commissioner.
The law specifies the employment
at which women shall not work more
than eight hours and no mention is
made of stenograrhers. The labor
commissioner is asking for a broad
Interpretation of the law that will
make it include stenographers.
The question of whether the own
ership of stock in manufacturing or
mercantile concern will permit a
woman to work more than eight
hours for that concern is another
question that the attorney general is
expected to pass oil
The daily sentinel., 1913-02-28
LEGAL NOTICE.
TAX NOTICE.

The date under the law for ap-
plying the interest penalty on the
first half of the 1912 taxes is March
|. The county treasurer, following
out the usual custom of the office,
will extend the time of commencing
to figure in the interest penalty to
the Sth day of March. At the same
time the office force would request
the taxpayers to not all wait until
the last day to visit the office.
BENTON CANON,
County Treasurer.
The daily sentinel., 1913-02-28
TWO BATTLESHIPS BACK
ON new NAVAL PROGRAM
Associated Press.

Washington, Feb 3S.-The princi-
pal items that Were stricken from the
naval bill, including the program for
two battleshipa, Were restored by the
senate committee today with Tillman
as the only opponent of this action
The bill will be called up in the
seuate tonight.
The daily sentinel., 1913-02-28

BARTON 4 TERRILL fs the only
transfer company in western Col.
orado with first class covered NOV
Ing van. Always prompt; furnish
good service and expert workmen
You make no mistake by employing
them.
The daily sentinel., 1913-02-28
SUFFRAGETTE "ARMY" REACH
WASHINGTON AND FEEL GOOD
Associated Press.

ASsOclated Press.
Washington, Feb. 2S.-'General'
Rosalie Jones and her suffragette
army marched into the capital about
noon today, through the capitol
grounds and down Pennsylvania ave-
nue.. with an escort of local enthusi-
asts and citizens which chol;ed the
streets and delayed traffic
1t was one of the most remarkable
street demonstrations ever seen here.
The daily sentinel., 1913-02-28
Returns Home.

Returns Home.
". Z. Boswell and family expect
to leave tomorrow for their former
home in Columbia, Mo. Mr.. Boswell
came to this city with w. w. Payne
when the latter established the
Payne Wholesale Grocery house here,
but his wife's health has not permit
ted him to remain, and he will have
TO seek a lower altitude. Mr.. Bos-
well has been succeeded by Roy
Long. u !'.- nf
The daily sentinel., 1913-02-28

The patrons of the Grand Valley
Viavi Company will please notice
that the company has moved its
headquarters from S25 White ave-
nue. to 552 Gunnison. Phone juno
ton 335. 1-3O-1m
The daily sentinel., 1913-02-28
MARSHALL IS IN WASHINGTON

Associated Press.
Washington, Feb. 2S.-vice Presi-
dent-elect Marshall arrived here this
afternoon and was met by commit
tee including delegation of senator's
headed by Kern of Indiana. The ar
rival of Marshall marks the active be-
ginning of the inaugural period.
The daily sentinel., 1913-02-28
IS DEAD IN HOTEL FIRE TODAY

Continued from Page ~
600. Several business firms had
quarters in the building, which was
three stories in height.
The daily sentinel., 1913-02-28

A Good Cough Medicine for Children.
Convincing proof of the rare cura-
tive properties of Chamberlain 8
Cough Remedy came from Mrs. Mary
Fawcett of Grinnell, Iowa, who says:
Chamberlain Cough Remedy help
ed my little boy a great deal when
he had whooping cough. 1t is q good
medicine" For sale by all drug
gists. (feb. 10 to 2S.)
The daily sentinel., 1913-02-28
Leave for Buffalo,

leave Tor buiIaiO. II
Mrs. j. w. Barnes, wife of the man
ager of the New York store, and her
sister Miss Grace Bartlett of Buff
falo, N. Y, left for that city this
morning Miss Bartlett has been vis-
iting in the city for six months, and
Mrs. Barnes will return the visit with
three-months' stay in the east.
The daily sentinel., 1913-02-28

When you need horse and buggy
for drive to the country phone
Junction 214. 260 Colorado avenue.
2-3-tf
The daily sentinel., 1913-02-28
CANCELS ALL ENGAGEMENTS
Associated Press.

Associated Press.
Washington. Feb. 2S-President
TAFT today cancelled all engagements
for tomorrow morning and an
nounced that he would give hear
Ing on the customs reorganization
plan.
The daily sentinel., 1913-02-28
Visit in BuffalO.

ISIC III BIIITIIO.
Mrs. j. w. Barnes left today for
Buffalo, N. Y, to make an extended
visit with friends and relatives. She
expects to return in the early
spring.
The daily sentinel., 1913-02-28

Make plans to enter Hoel's Bust
ness College, March 3. Spring term
opens. 2-14-1mo
The daily sentinel., 1913-02-28

The folly cf poor roof must he
paid for day by day-a long atone.
ment. Why not try Carey Roofing
and end your troubles. Jas. II. Lane.
The daily sentinel., 1913-02-28
Luke at Work.

Supt. |. IL. Luke of Salida has
been at the wreck above Tunnel this
week, assisting in the direction of
clearing away the smashup and over
turned cars. The work was finished
today.
The daily sentinel., 1913-02-28

Washington. Feb 2S.-American
Minister Beaupre at Havana. Cuba.
has telegraphed the state department
that ex-President castro of VeneZue-
IA has announced that President-e'ect
Wilson has invited him to attend The
inauguration, Castro viii leave Sat
urday for Washington; but will re-
turn here in few days.
The daily sentinel., 1913-02-28

The people who read and answer
ads are the people who make busi-
ness and business enterprise posi-
BILE.
The daily sentinel., 1913-02-28

This is your last opportunity of
buying Shoes less than cost. Nc
Connell & Lowe
The daily sentinel., 1913-02-28
WANTED-MALE HELP.

WANTED-Reliable tenant for i'm
proved farm of 1870 acres in Pla-
teau valley. Experience man with
teams needed. Call at Deans Stu
dio for particulars. Frank f. Dean.
2-26-4t
The daily sentinel., 1913-02-28
End of the Month

Special END OF the Month" pro-
gram at the Majestic tonight; three
reels of special story pictures Be
Sans guests tonight Keep it on
your mind. (adyD
The daily sentinel., 1913-02-28

Get your order In early for gal
vanized fluming aud be ready before
the big spring rush. Jas. II. Lane
The daily sentinel., 1913-02-28
MISCELLANEOUS.

WANTED-Nursing. Call Mrs.
Blanch Dickerson at the La Harpe
hotel. Phone Randolph 362. 2-5-l m
WANTED-By the Shropshire Cold
Storage company, 500 Chickens.
2-l-tf
The daily sentinel., 1913-02-28
CASTRO SAYS WILSON HAS
INVITED HIM TO INAUGURAL
Associated Press.

Associated Press.
Washington, Feb. 2S.-President-
eject Wilson this afternoon branded
as untrue the report that he had in
vited Castro 10 attend the Inaugural
tion.
The daily sentinel., 1913-02-28
Classified Ads Department
THE BEST RESULT GETTERS-AT FIVE CENTS PER LINE
FOR SALE-REAL ESTATE.

FOR E-2O acres of high
line land. adjoining G. V. canal
1 y miles northeast of Fairgrounds.
Also 5-room modern house, close
in; good location. Prices reasona-
BILE Phone Junction j23. 2-2S-1m
The daily sentinel., 1913-02-28

THE ROSWELL-s5 a week and up.
COZ Ute. Transient, 81 day
house. 2-14-1mo
The daily sentinel., 1913-02-28
BOARD AND ROOMS.

BOARD AND ROOM in private fam
lily. $50 Ouray avenue. Phone
Linden 1871. 2-22-1mo
The daily sentinel., 1913-02-28

FOR SALE-The Delicatessen Cafe.
$50 Main street; owner leaving
city. Must sell at once. Very rea-
sonable. 2-1g-tf
The daily sentinel., 1913-02-28

FOR SALE-Hay. Phone X. 7. An
derson, Purple 1853. 2-I0-tf
The daily sentinel., 1913-02-28

2 o X SA l. E-Typewriter Paper.
We have number of boxes of fine
parchment second sheets. which we
are selling at "A bargain; l,O00
sheets, cut typewriter size, to the
box. The Daily Sentinel. 2-26-4t
The daily sentinel., 1913-02-28

HAY FOR SALE-Phone Linden 549
1-l4-1m
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-03-11
No. 1889.
E. c. Wiley, Appellant,

No. II 999.
E. C. Wiley, Appellant,
The Southwestern Interurban Railway
Company, Appellee.
Appeal from Cowley County.
REVERSED.
Syllabus. BY the Court. Mason, J.
/ The failure of one driving upon
city street to look along a street car track
before attempting to cross it does not as
a matter of law preclude a recovery on
account of injuries occasioned by a col
lision with a car, unless by looking and
seeing the car approaching he would nee
essarily have been apprised that he could
not safely cross.
q Where one driving by the side of a
street car track in a city attempts to cross
to the other side, at an interesting street,
and is struck by car coming from the
rear at the rate of thirty miles an hour,
he is not to be deemed guilty of contrib
utory negligence as matter of law be-
cause he had driven three hundred feet
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-03-11
ECAl

of his death to the mother when under
the statute the widow was entitled to all
of it, is a misake of fact against which
equity will relieve unless some principle
of equity bars the granting of such relief.
2 The general rule is that equity will
not interpose to relieve from a mistake
where there is ineXcusable delay and
negligence in asserting right or where
the granting of the relief would operate
inequitably, but laches is equitable de-
Tense and will not bar a recovery from
mere lapse of time nor where there is a
reasonable excuse for non-action of d
party in making inquiry to his rights
or in asserting them.
g. In view of the testimony herein as
to the delay of appellant in making in
quiry or in asserting her right to land
owned by her but which was conveyed to
the mother of decedent by mistake, the
question whether she was guilty of
laches was one of fact and the ruling of
the trial court sustaining a demurrer to
her evidence was error.
All the Justices concurr1ng.
true copy.
Attest: d. A. VALENTINE,
(SeaL1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-03-11
No. 17.s33.
Joseph Duncan, Appellee,

No. 1883.
Joseph Duncan, Appellee,
vs.
John L. johnson. Appellant
Appeal from Saline County.
AFFIRMED.
SylIabus BY the Court. West, ].
l. Special findings should contain the
facts and not the evidence thereof, but
when II appears that the trial court must
have believed the things shown by such
evidence no prejudicial error was COM
n1itted in refusing to find the ultimate
facts instead of their evidentiary basis
2 Two conflicting claims were made
respecting Land transaction, one
amounting to an ownership in common,
the other to a separate title in the de-
PENDANT. Each claim was supported by
competent evidence and the trial court,
having seen and heard the claimants be-
lieved the former, and decided according
~. Held, that such decision must stand
g. When two parties purchase tract
of land for their mutual profit and the
consideration is paid by one Of them and
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-03-11
EGAl

bond which expired by it's terms at a
fixed date, and sales are made and the
account is continued thereafter in the
same manner as before finding that the
principal is indebted for goods purchased
in the period covered by the bond is not
inconsistent with finding that his sure
ties are not liable therefor, If it is also
found that payments made by the pur-
chaser after that period had expired were
applied by the parties upon the items
charged and entered in the account for
goods purchased before that time
f. A refusal to order a reference in
an action upon a long account is not
erroneous where only three items of the
account are in controversy.
All the Justices cOncurrtng.
Attest: D. A. VALENTINE,
ISeaL1 Clerk Supreme Court.
No. 1885.
Dora Miller as guardian, Appellant,
Dora Miller ct al, Appenees.
Appeal from Linn County.
AFFIRMED.
No. 1909.
Dora Miller as guardian, Appellant,
Florence WaymiTs o ct all 6 AppfIlees'
AFFIRMED.
Syllabus. By the Court. Burch. j.
/. By statute of this state any judS-
ment or decree of divorce rendered upon
publication service in any state of the
United States in conformity to the laws
thereof has the same force and must be
rendered by a court of this state.
2. 1t is law of this state that when
ever the Jurisdiction of a court depends
upon a fact properly Irrigated and de-
termined in the action ITSELF the JudS-
ment rendered finding the fact is con-
elusive evidence of its existence and or
the Jurisdiction of the court until the
Judgment is vacated, reversed, or an
nulIed in direct proceeding instituted
for that purpose.
g. Under the laws of the territory of
Utah it was necessary for the plaintiff in
an action for divorce to plead and prov g
residence in the territory for one year
prior to the commencement of the pro
ceeding. Held that judgment or d.
vorce rendered upon publication service
against a resident of this state by a
court of Utah having jurisdiction of ac-
lions for divorce. as the result of pr ,
ceedings in all respects regular, cannot
be coIIaterally impeached in this state on
the ground that the plaintiff was in tact
a resident of Kansas and not of Utah.
4. Neither can such Judgment be col
laterally impeached on the ground that
it was procured by means OF fraud prac-
ticed by the successful party.
All the Justices concurrtng.
A true copy. -
Attest: D. A. VALENTINES,
TSeaII Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-03-11
No. 1904.
]. L. Hillyard, Appellant,
vs..

No. Is. 0A.
]. L. Hillyard, Appellant,
vs..
Arnold Flick Appellee.
Appeal from Scott County.
REVERSED.
Syllabus. By the Court Benson.
1. Where a conveyance by the defend
ant is made before an action in ejectment
is commenced but is withheld from the
record. until some time afterware, and the
plaintiff has no notice of the conveyance
or of the claims of the grantee, and there
is no change in possession or other in
dication of any claim or interest by any
person except the defendant, and the suit
proceeds to a judgment against him.
writ of possession should issue upon the
application of the plaintiff under which
the defendant and all persons holding
under or in privity with him after the
commencement of the action, including
such grantee should be dtspossessed.
@ This court is not without 5urisd1cuon
to review an order denying an application
for writ of possession against a person
bound by the judgment but not a. party
to the action, notice of appeal having
been served upon the defendant in the
action but not upon the person against
whom the writ was asked.
All the justices concurring.
A true copy. -..-r-x,,r,
TSeaI1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-03-11
No. 1855.
Samuel n. Hall, Appellee,

No. II ,9S5.
Samuel N. Hall, Appellee,
The Kansas City, Lawrence and Topeka
Electric Railroad Company, Appellant.
Appeal from Johnson County
AFFIRMED.
Syllabus. By the Court West, J.
L. On appeal from award of DAM
ages for land taken for right of way, a
witness who had dealt in land in the gem
eral vicinity and had seen and examined
the land in question was permitted to
give his opinion touching its value, al
though stating that he was not acQuaint-
ed with the market value OF land in the
immediate vicinity. Held not materially
prejudicial.
2 In such case when numerous wit
nesses testify to their knowledge of the
land and it's value it is not material error
to reject evidence offered by the defend
ant to it's rental value.
8. When witnesses for both parties
testify as to the acquaintance with the
land and to its value before and after
the appropriation of the right of way, it
is not error to reject evidence in chief as
to the character of surrounding improve
ments offered for the purpose of showing
that the condemnation did not in fact
damage the land not taken
All the Justices concurTing.
A true copy.
Attest: D. A. VALENTINE.
(Seal1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-03-11
No. 17,736.
Cedora- T. Bowen, Appellee,

No. 1875.
Cedora T. Bowen, Appellee,
VS..
The City of La Harpe- Kansas ct al,
Appellant.
Appeal from Allen County.
AFFIRMED.
Syllabus BY the Court. Benson. ].
1.-THE issues of fact in this case are
stated, the conflicting evidence thereon
referred to. and the finding sustained.
q Where considerable testimony is ad-
mitted tending to show that the disposi-
ton of horse was unruly and unsafe be-
fore an occurrence in which the horse
ran away the rejection of other tesd-
nony offefed to show the disposition OF
the horse after that occurrence is not
material error although the excluded
evidence related to fact in issue and
was competent.
All the Justices concurring.
A true copy.
Attest: ID. A VALENTINE,
TSeal1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-03-11

No. 1850.
J. W. Saylor, ct al, Appellants,
VS..
Edwin R. Crooker, ct al, AppeiieeS.
Appeal from Labette County
REVERSED.
Syllabus BY the Court. Smith, j.
/ An instrument in writing which pur-
ports on its face to be an absolute deed
of conveyance of land may be SHOWN by
paroI evidence to have been executed Tor
the purpose of securing the payment OF
money or to secure the performance or
anv act or thing which the parties to the
Instrument may lawfully contract to be
2 In an action to have a deed declared
a mortgage and cancelled, a pet1t1on
which alleges that an instrument, IN the
form of a deed, was intended by all par
ties as a mortgage to secure payment 70
one of the grantees of fifty per cent OF
his sales under verbal contract that one
If the grantees would and did enter INTO
the business of selling an article OF com
rnerce and did thereby incur an fndeot-
edness or obligation to the mortgagor
which obligation the mortgagor had dls-
charged is not demurrable as not staung
s11fficient facts to constitute a cause OF
action.
A true copy
TSeaI1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-03-11
D. A. VALENTINE.
Clerk Supreme Court.
No. 5000.
Mrs. L. Harreld, Appellee,

No. 5000.
Mrs. L. Harreld, Appellee,
VS..
Herbert Paris and Karl Garvin, Partners
doing business under the firm name of
Paris & Garvin, Appellants.
Appeal from Woodson County.
REVERSED.
Syllabus. BY the Court. Mason, J.
1. In an action for relief on the ground
of fraud, an instruction that the plaintiff
is entitled to recover if he has proved his
allegations by preponderance OF the evil
dence, and that bare preponderance is
sufficient for the purpose will not require
the setting aside of a verdict against the
defendant, in the absence of anything
further to indicate that the jury We're
misIed, where they were also told that
matters that are unusual, unnatural or
out of the ordinary course or analrs
should not be taken for granted upon
slight proof, but can be established only
by evidence of a reliable character, such
as satisfies the mind
2 In a case which at the first trial
turned wholly upon a question or Verac1ty
between the parties, it is held that new
trial should be granted on the ground OF
newly discovered evidence, in order to
give opportunity for the production or
disinterested witness upon the vital matteT
at issue.
All the Justices concurr1ng-
A true copy.
Attest: >->,,,
TSeaI1 D. A. VALENTINE,
Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-03-11
No. II, 796.
Joe Root, Appellee,

No. I7,796.
Joe Root, Appellee,
Cudahy Packing Company, Appellant
Appeal from Wyandotte County, Court of
Common Pleas.
MOTION TO MODIFY JUDGMENT AND
PETITION FOR A REHEARING
DENIED.
Syllabus. By the Court. Burch, ].
When judgment is reversed be-
cause demurrer to the plaintiffs evil
dence has been enormously overruled
Judgment for the defendant will be or
dered if the plaintiffs evidence affirma-
lively establishes some fact or state of
facts which precludes recovery Other
wise the cause will be remanded for a
new trial.
3 The rule stated in the second para
graph of the syllabus of the original
opinion adhered to.
All the justices concurring.
A true COPY.
Attest; D. A. VALENTINE,
ISeal1 Clerk Supreme Court.