Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1913-06-23
Important Decisions
1.-THE following notes OF cases are
from the West Publishing Company,
DOGS oEsrRJ-cr JUSTICE.

from the west publishing company,
DOGS CBSTRJCT JUSTICE.
The affidavit for publication OF
summons in Wilson VS.. Leo, 121 Pa
ciflc Reporter. 1043. stated that plain
tiff sent two persons at different times
10 the place where defendant resided
for the purpose Of obtaining service.
bu. that each Of said persons returped
the papers TO atfiant with the informa-
ton that they found the gates Of the
premises locked. with signs thereon
warning persons from entering the
premises on account of vicious dogs
confined therein; that a. enc OF SAID
times a woman answering the oescrip-
ton OF defendant came out Of the
house, but that il was Impossible for
either OF the process servers to reach
the house or 10 speak with her on ac-
count OF the vicious dogs. Affiant
therefore AYERS that the defendant can
no, be found within the state after dill
igen, search to find her. An order was
made for the publication OF the sum-
mons upon this affidavit. and the cues
ton on appeal is whether or not the
matters stated in the affidavit, were
sufficient TO establish the TACT that oe-
PENDANT could not be found In the state
No effort was made 10 obtain service
thru the sheriff, whose official duty II
is 10 serve process. nor did II appear
that the two persons directed 10 maxi
the service were IN any manner guam
fed 10 serve papers. The district couf'
OF appeals of California holds that lot
these reasons, the affidavit was ihsui-
ncient 20 support an order for service
by publication.
SHERIFF ALLOWED To AL LEN =
PICTURE SHOW.
In a prosecution for hczniclce is II
reversible error for the sheriff, whose
duty It is TO summon The jury. TO at
tend a moving picture show oepieuns
prize fight in which the ceceaseu
participated and met defeat: see
state VS.. DipIey. AZ Southwestern re
porter. III. This appeal is from con-
vic.ion of the murdered Of stanles
Ke,chel. the noted pugiiist from 'Nich1.
gan. The story is: Dickerson. 1fieno
nf Kerchel was interested IN TIE pfose-
cution of the defendants, chareeo VIZ
K.tcheTs murder. A few days oeioFs
the trial ne wrote TO the shef'h' ohu
invited him and his friends 10 c''as
and attend a moving picture sho" VI
the Johnson -Ketchel prize nshl. ~.
| sheriff and his friends in response ~
N. Invitation attended the snow. ~
they paid their own expenses. LIZ
.rson made no attempt to 1nnuehce l.ie
| sheriff in his official conouct. because
| Of this the defendants hied tno'io.,
! ~ 6isnualifv the sheriff on the eEooffo
| ,ha+ he was prejudiced against tneih
| TIC supreme court of Missouri hoioe
I ..1xh;l. i, must be said that II was
/ noos, indiscreet act In the shefih -
/ .ooen. such an invitation uhoer Tue
! 1.irc,,r,s1ances disclosed, yet we eau
| M, overlook the fact that the lhcuin
! ~, If that office may be ana ire
! e,,,an-Iv is man who has not the high
~. .ense of uropriety IN such matters
| -, !. does not follow that because
ou ao-arc- nub,ic and unconces.eH
&C &, was. there was Official N'onso
MA an inference should OF
aravn that the sheriff vas preluiuso
against the defendants anu unA ,t,a,,
| charge the duties OF MS oaa.
case" The conviction OF the -
in the case" is reversed, ano .n"'
man affirmed. .1A11 q
FPAUDULENT USE OF The MAiL ~
| How far may a business coassa -.
.end its verbiage in behalf Oh Tue '.
~ has to sell without transsefssms ~
laws ri the United States pIou.D1.e
ifraudulent use Of the mails! IN
SON vs. United States. 200 Federal ~.
porter. ss2. it appears that : e
advertised thru the Ina1ss INC
ttayes of a vacuum cleaning ae'
1 called the New Home Vacuum o 80,
er," and also a washing macnoe -.
i'm, "Easy Way Washer. on
lstreneth Of the representations Oh ul'
merits of the machines purcnases "ei,
made to the classification of some ..
the BUYERS, who then Claimed ti1'
fraud had been practices upon men
in that the machines were not "a
they had been represented 10 -
regard to the vacuum cleaner, aan'
the representa- lions may have beer
1glightly exaggerated, they appeeo =
classify as mere putting, - tna'
could not be said that there was pres'
enr In. intent &c aetsend, winch Is
necessary element to convactaon uh
der the statute. Under Favorable CT
icumstances. the machine wouo &C
complish practically ali inst it
claimed It would do. The uAnssss.s;
, I'm regard to the Easy Way Wasner
were not so free from indications
; fraud. 1t seems that It had been rep
resented to wash q little more easli
than the machine allowed: - least IN
Representations were such that IN
lpostoffice department. sew Mt TO war