davidaulloa/AmericanStories huggingface dataset:
Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-05-23
TRUSTEES SALE OF VALUABLE LOT IN
BARRY FARM SUBDIVISION, IMPROVED

BY FRAME DWELLING.
BIZ virtue Of certain deed Of trust. duly re.
corded in Lber 3O18, at folio a ct seq. one OF
the land records of the District OF Columbia. and
the undersigned trustees will sell at public auc-
ton. at the ONCE OF Thomas ]. Owen & Son.
Auctioneers. 1881 st NV, on WEDNESDAY,
AT ONE O'CLOCK PM. the following described
land and premises. situate in the county OF
Washington District Of Columbia. known and
distinguished as lot numbered twenty-six t26p in
section seven a. in the subdivision OF the Barry
Farm as per plat recorded In Subdivision Book
Levy Court No. ?. page ], together with the I'm.
provements thereon. Sold subject TO prior deed
Of trust for 81 .OSS54. further particulars OF
which will he stated al time OF sale.
Terms: All over and above said prior inc incum-
brance to be paid in cash. deposit OF 800 re-
ouired at time OF sale. Terms to be complied
With within fifteen days from day Of sale, other
wise the trustees will resell the property at risk
and cost Of defaulting purchaser. Conveyancing
at cost Of purchaser.
RICHARD 4. PAIRO. Trustee.
HERBERT A. GILL, Trustee
THOS. ]. OWEN & SON. Auctss my16. 70. "a. q
Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-05-23
THos. J. OWEN 4 son. AUCTIoNEERs.
TRUSTEES SALE OF VALUABLE IMPROVED
REAL ESTATE, NO. 14i0 10th STREET
NORTHWEST

REAL ESTATE, NO. 1410 10th STREET
NORTHWEST.
BY virtue Of a certain deed OF trust duly
recorded in Liber No. 1850. folio 1873 seq. OF
me land records of the District Of Columbia
aud ~ the request Of the party secured there
BY. the undersigned trustee will sell, al public
auction. in front of the premises. WEDNES-
DAY, THE FOURTH DAY OF JUNE, AID.
1913, AT FIVE O'CLOCK PM. the following
described land and premises. situate in the
city OF Washington. District OF Columbia. and
designated as and being lot numbered twenty
eight (2s, in samuel Redfern's subdivision OF
square numbered three hundred and thirty eight
1888. as said subdivision IL recorded in the of
nee OF the surveyor OF the District of Columbia
in Book b. page IS. together with the improve
ments. consisting of three-story brick dwell
ing. No. 1910 10th street northwest
Terms of sale: onethird of the purchas So
money TO be paid In cash, balance In two equal
installments, payable In one and two wears.
with interest at per centum per annum
payable semi-apnualy. from day of sale Sc
cured BY deed Of trust upon the property sold
all cash, at the option of the purchaser. 4
deposit OF geo will he required at time of
ale. All conveysncing, recording. etc. cost
with within ten days from day of sale other
wise the trustee reserves the right TO resell the
property at the risk and cost of defaulting pur.
chaser. after I'VE days advertisement of suci
resale In some newspaper published in Wash
ington. u. C.
Formerly the National Safe Deposit. Savings
and Trust Company,
Trustee
By WM. ID. HOOVER,
President.
tS<al)--Attest:
CHARLES T. NYMAN,
0y3d-d&ds, exSu&h Secretary.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-05-23
WALTER B. WILLIAMS { CO.. AUCTs.
TRUSTEES SALE OF VALUABLE LOTS. M
PROVED BY FINE DWELLING, IN KEN
IIW0RTH ID

TRUSTEES SALE OF VALUABLE LOTS. IN
PROVED BY FINE DWELLING, IN KEN
ILwORTH. d. c.
BY virtue Of decree Of the Supreme Court Of
the District Of Columbia. wherein Minnie Fergu-
is complainant and Bernsdine 4. Baur and
others are defendants. same being Equity Cause
sale at public auction in front OF the premises.
SATURDAY, THE THIRTY-FIRST DAY OF
NAY. 1918. AT THREE O'CLOCK PM. the
following property. situated on ST. near the
corner OF keniiworth ave-, In kenilworth. u. c.:
Lots numbered -FOUR a, and FIVE ISL in
block No. one ID in Allen W. Mallery and Thorn
as Gordon. trustees. subdivision Of a tract of
land known Addition TO kenilworth.' -
per plat recorded In Liber County No. 10.
folio &C. one Of the records OF the surveyors Of
Zee Of the District Of Columbia. together with
eli the improvements. rights. privileges, ways,
easements and appurtenances to the same be-
longing.
These lots are Improved ny a fine frame dwell
ing. and Is known rs the Ferguson property.
Terms: One third cash. the balance In two
equal instailmsnts. payable In one and two years
from date OF sale. represented by the promissory
notes Of the purchaser bearing interest at the
rate OF 8 per cent per annum. payable semi-an-
nually. and secured by deed Of trust on the
property sold, or all cash. at the option Of the
purchaser. deposit OF 500 required at the
time Of sale. II terms of sale are NOT complied
with in Is days from the day Of sale the trustee
risk and cost Of the defaulting purchaser after
ave days advertisement Of such resale in The
Evening Star newspaper
PERCY II. TEITCH. Trustee.
District Nat. Bank bldg
my1111t.eSu 14th and q SITS. NV.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-05-23
ADAM A. wEscHLER. AUcTIoNEER.
Valuable Store Fixtures.

Electric Coffee and Sausage Mills
Etc, Contained in Store No
1914 14th Street NV, Also
Horse, Wagon and Harness,
BY PUBLIC AUCTION
WEDNESDAY. MAY 2Sth. 1913 COMMENCING
1890 O'CLOCK AN.
Including Electric Hobart Coffee Mill tdirect cur
rent. 1L-h.p. Electric Hobart Sausage Machine
J.-h.p. Electric Hobart Sausage Machine. Hand
some Marble and Porcelain Meat Counter. Com
putting and other Scales. Shelves, Counters. Ice
Box, Once, etc., etc. Also Horse, Wagon ant
Harness.
Terms: Cash
ADAM A. WESCHLER. Auct.
my22-d&dbs, eSu
Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-05-23

ADAM,A. WESCHLER, AUCTloNEER.
Executors Sale of Valuable Inn
proved Real Estate. Being
Premises No. 1925 G Street
Northwest ashinoton ID. {.

NOl tilAeSt. w dSil1IlS tOil. Il. -.
BY virtue of the direction contained in the last
will and testament OF James Ray, deceased. late
OF the District Of Columbia and OF an order
Supreme conr, Of The District Of Columbia. hold.
ing Probate Court. In proceedings therein, en-
titled I'm re estate of James Ray deceased. No.
1896. Administration Docket, l will offer for
sale at public auction. In front of the premises
on MONDAY. THE SECOND DAY OF JUNE
described real estate, situated in the city of
Washington. District of Columbia. known and
square numbered two hundred and ninety three
t29S,. beginning for the same at point ON tn
norm line OF stree. az me distance oa ~ ala
lot and running thence west twenty-three ,.sl
feet i've Is, inches thence north eighty three s3l
feet i've ~ inches: thence east twenty three t2ai
feet Ave -, inches thence south eighty taree 1881
feet 1--WE Is, inches to the place OF beginning. 10.
gether with the improvements. consisting of a
two story brick dwelling house. sale Is made
subject to ratification by the court. Property
ns 70 snn s1prn as sfs dollars
per mouth. payable in advance.
Terms of sale: One-third Of the purchase money
in cash aud the balance In two equal install
ments for which the purchaser will he required
TO give his two prcmssory notes. bearing date on
years respectively after date with interest q,
six per centum per annum. until paid; paw
able semi annually. said notes TO lie hr r
secured by deed Of trust thereon TO tn,
satisfaction of the executor; or the purchaser
of $500 vii, be required of the purchaser AT The
time OF sale. Rent from day of sale to he al
lowed TO the purchaser. and accrued taxes to b.
paid to day OF sale. Purchaser will be required
to comply with the terms of sale within twenty
days after ratification OF the sale 10y order of the
court. otherwise the executor In addition TO all
other legal remedies reserves the right 10 resell
the property ut the risk and cost of the default
ing purchaser. after five days advertisement I'm
The Evening Star newspaper. Title ia be a good
title OF record in fee simple and free Of all
liens membranes. sale. All convey
ancng. recording. examination ~ title and no
taria charges at cost of purchaser
GERALD NJ JOHNSON.
Executor of James Ray. Deceased.
my23l1t 141G 81. NV. Washington. ID. G.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-05-23
FUTURE DAYS.
ADAM A. wEsCHLER. AUCTIONEER

TRUSTEES. SALE OF Two,sToRY BRICK
NORTHEAST. containing SIX ROOMS AND
BATH, HoT-wATER HEAT, COLONIAL
Ry virtue Of a certain deed OF trust duly re-
corded In Lber No. 1852, folio asa ct seq. OF
the land records Of the District Of Columbia.
and At the request Of the party secured thereby.
We. the undersigned trustees. will sell at public
auction. in front of the premises on TUESDA1;
THE THIRD DAY OF JUNE, AID. 1913. AT
FIVE O'CLOCK PM. the following real estate,
70 wit; Lot "a In Laurence J. Msngan,s sub.
division of lots in block 8. Trinidad as per plat
recorded in book 90, page 90 in the surveyor 5
Office of the District OF Columbus. subject to
and Henrietta Lees subdivision of lots In block
8. Trinidad as per plat recorded In County BOOK
O. page us. in the surveyors ONCE for the Dis.
adjoining said lot "a, described follows: Be
ginning 12-ft. alley at the most norfherly
corner of lot "a, thence southwesterly along the
lot "a, thence southeasterly along said rear line
IA IT.. thence northeasterly and parallel with
rear line OF lot "a $50 II. to northeastery line
Of lot 50. thence by and with said northeasterly
essterly 81 II. said i2ft. alley by the full
depth of that width OF said part of lot "a being
.Sss to tight Of way 1SF .s se, Subdivision
corded in book 10 page 20. together with the
improvements thereon.
Terms Of sale: e-third cash. balance in one
and two years with interest at o per cent, Sc
cured by deed of trust upon the property sold,
or all cash. deposit Of 500 required at sale.
All conveysncing and recording at cost OF pnr-
chaser. Terms of sale to be complied with
within fifteen days from day Of sale otherwise
the trustees reserve the right to resell the prop
erty at the risk and cost Of the defaulting pur-
resale in some newspaper published In the city
M H,s,Ek ! M MaSsAN'
mvS2- d&dsexSu Trustees.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-05-23
ADAM A. WESCHLER. AUCTIONEEK.
TRUSTEES SALE OF UNDIVIDED ONE-HALF
INTEREST IN FOUR BRICK DWELLINGS.
KOS 1919 1917 1R1S AND 1g1a IJNCOI n

INTEREST IN FOUR BRICK DWELLINGS.
nos. 1918. 1917. 1915 AND 1919 LINCOLN
AVENUE NORTHEAST.
By virtue Of certain deed Of trust duly re.
corded in Liber No. 3025 folio 443 ct seq, OF
the land records Of the District Of Columbia.
and at the request Of the party secured thereby,
the undersigned surviving trustee will sell at
THURSDAY. THE TWENTY-NINTH DAY OF
MAY. AID. 1913, AT HALF-PAST THREE
O'CLOCK PM. an undivided one-hah interest
in the following described land and premises,
situate In the city of Washington, In the Dis
trict Of Columbia. and designated as and being
lot @. In subdivision of Prospect Hill. 'Keating
Estate" as per plat In Levy Court No. 2. folio
As. in the surveyors ONCE. d. c., together with
the improvements thereon.
Terms of sale: Cash A deposit OF 800 will
be required OF the purchaser at the time Of sale.
All cOnveyancing, recording and notarial fees at
the cost OF the purchaser Terms OF sale to be
complied with within fifteen days from day OF
sale. otherwise the surviving trustee reserves
the right 10 resell the property at the risk and
cost of the defaulting purchaser, after ave days
advertisement OF such resale In some newspaper
published in the city OF Washington. ID. G.
THOs. 8. LANNON. Surviving Trustee.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-05-23
RALsToN. sIDDoNs L RICHARDSON. Attor.
neys for Trustees. my15-d&ds. eSu
THos J. OWEN & son. AUCTIONEERs.

TRUSTEES. SALE or VALUABLE FRAME
DWELLING. CORNER EASTERN AVENUE
AND QUARLES STREET NORTHEAST.
BY virtue OF a certain deed Of trust duly re-
corded. in Liber No. 3404 folio 800 ct sea-,
OF the land records Of the District of Column.
bia, and at the request Of the party secured
thereby. the undersigned trustees will sell, at
public auction. in front of the premises. on
TUESDAY THE TWENTY-SEvENTH DAY OF
MAY, AID. 1918. AT HALF PAST -FOUR
O'CLOCK PM. the following described land
and premises situate in the county of Wash
ington. District of Columbia. and designated az
and being lots 80 and SO and 81. in block 3.
now known square 51Il, In "Kenilworth,'
per plat recorded in the ONCE OF the sur
veyor Of the District Of Columbia. In County
Book 10, page II, together with the improve
ments.
Terms Of sale: One-third Of the purchase
money to be paid in cash, balance In two equal
installments, payable in one and two years,
with interest at per centum per annum,
payable semi annually. from day of sale, Sc
cured by deed Of trust upon the property SOLD,
or all cash, at the option Of the purchaser. A
deposit OF 800 will be required at time OF
sale. All conveyancing, recording. ETC., at cost
OF purchaser. Terms Of sale to be complied
with within fifteen days from day OF sale,
otherwise the trustees reserve the right to re-
sell the property at the risk and cost of de-
faulting purchaser. after I'VE days advertise
ment Of such resale in some newspaper pub
'isneu :" LAWRENCE o. MALLERY.
Trustees
Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-05-23
AUCTION SALES.
FUTURE DAYS.
ADAM A. WESCHLER, AUCTIONEEk
Trustees Sale of Valuable I'm
proved and Unimproved Real
Estate in Southeast Washing.

ton.
By virtue of certain deed Of trust. duly re:
corded in Liber 34s6. at folio 373 ct sea-. OF
the land records Of the District Of Columbia.
by. default having occurred in the payment Of
the note secured By said deed Of trust; We. the
THE TWENTY EIGHTH DAT OF NAY. AID.
1913
AT FOUR-THIRTY O'CLOCK PM. the fol
lowing lots In square ZOE will be successfully
offered until all are disposed Of All a,t Of saS
sfty-sns t5S CD sftgn y 'ss ' sixty co. sixty
folio 2. OF the records of the surveyors once
of the District Of Columbia; all OF original
Of Of original lot eleven iii. beginning for the
feet south Of the northwest corner OF square
: os "a snew reeo Sq r. Ssr T ioo
Of the records of the surveyors ONCE Of the
thence east along line parallel with street
100 feet thence north In line parallel WIN IN
feet to the place OF beginning. containing 2 100
square feet: sub-lots sixty-two (62). sixty-nve
1859. s1tysix C6e. sixty mine t6s,; seventy Ge,.
ninety three as, and ninety, four ,e4.; q. Per
r plso Of the IS surveyors ONCE for the District
. IIMEDiAIELY THEREAFTER, large brick
South Capitol and u street southeast. to-
gether with sub lots q to IS in square 702. =
portion Of said lots being improved by said
stable.
Terrns OF sale: One-third cash and balance In
two equal instalments. payable In one and two
years. with interest at rate Of 6 per centum
per annum payable semi annually from day OF
sale. secured by deed Of trust upon property
sold or all cash. at option of the purchaser.
In case OF incumbered property the purchaser
shall pay cash over and above such incum:.
brances. A deposit OF 800 on each parcel sold
will he required OF the purchaser at time OF
sale All conveyancing. recording and notarial
fees at the cost of the purchaser. Terms OF
from day of sale. otherwise trustees reserve
right to resell property at cost OF purchaser
GEORGE W. WHITE.
National Metropolitan Bank,
A. G. CHAPMAN,
Commercial National Bank.
Trustees.
RAysToN SIMMONS 4 RICHARDSON Attor.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-05-23
THOS. J. OWEN 4 son. ACCTIONEERS.
FOR SALE
Desirable property near Chevy Chase. Nd.
MAY II, PM.

CLEAN DRINKING MANOR.
Located about one-half mile from CHEVY Chase
Lake: about one-fourth mile from the electric
line and the U. S. concrete and macadAm high
way between Chevy Chase and Kensington
touches Metropolitan Southern railway at the
intersection OF the Jones Mill and Brookeville
roads; adjoins the land of Commander Wells,
u s. N: p. F. Gormley. J. 81. Small the
late George Dunlop and Chevy Chase Land Com
pany. and overlooks Rock Greek. Columbia Coun
try Club and the splendid residence section OF
Chevy Chase. 1t Ii admirably adapted Tor sub
urban residence subdivision.
Full particulars application.
JAMES B. HENDERSON. Rockville. Mo.
II. f. L. SMITH Columbian Bldg.
j. DAWSON WILLIAMS. Whitford Bldg
THOMAS DAWSON Rockville. Md.
ap26, my3, 8. 10, 1915
ryTHE ABOVE SALE is POSTPONED. SON
account OF the rain. until TUESDAY. MAY THE
1913. same hour and place.
BY ORDER OF THE TRUSTEES.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-05-23

SADDLE HORSE.
will sell A No Saddle Horse. a good driver.
kind ard gentle, IL hands high. Mt Magrath
Kepnelly's auction SATURDAY. TWENTY
FOURTH INSTANT. TWELVE O'CLOCK
uvo22f j. c. WILLIAMS.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-05-23

TaOs. ]. OWEN 4 son. AUCTIoNEERs.

TRUSTEES SALE OF VALUABLE FRAME
DWELLING. No. 1884 10Th ST. NV.
By virtue Of q certain deed Of trust duly re-
corded in Liber No. 3493. folio 362 ct seq. of
the land records OF the District Of Columbia.
and ut the request OF the party secured thereby.
tion. in front Of the premises. on FRIDAY, THE
TWENTY THIRD DAY OF MAY. AID. 1913,
lowing described land and premises. situate in
the District of Columbia, and designated as and
being lot No. CO in Charles Wheatley aud
others executors. subdivision Of lots in square
i192 N per plat recorded In Book A. II. s..
page 1877 in the offiee of the surveyor for the
District Of Columbia, together with the improve
ments.
Terms Of sale: All cash. A deposit Of 500. 90
will be required at time of sale. All convey
sncing recording, ETC., at cost of purchaser.
Terms or sale to be complied with within hf-
teen days from day of sale.
LEONARD W. GROOMES,
E EVERETT TAYLOR. Trustees.
nv L. eod&ds, eSu
Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-05-23
And, at Il NJ.
Automobiles. Horses,
Carriages. Etc.

Terms cash.
my22-2t c. G. SLOAN & CO. Inc. Aucts.
FUTURE DAYS.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-05-23
Hotel Marion

ON LAKE GEORGE
DELIGHTFULLY."- LOCATED OK THE WEST
SHORE. Adjoins country and Yacht club rooms
en- suite with or without privste hath: auto iiv-
cry and garage: rovhosts. launches and canoes:
lake bathing. For booklet and terms apply
jos. n. MARVEL
Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-05-23

RAI.STON. SIDDONs 4 RICHARDSON. Attor-
neys FOR trustees. my13d&ds, exSu
Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-05-23

SPARROW'S I'M. HARPERs FERRY. W. va.
offers one delightful. refined accommodation.
where mountain and rivers meet and history 10
Of great interest. Miss FLORENCE SHAwES.
WHITE SULPHUR SPRINGS. w. VA.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-05-23
Orkney Springs Hotel and Baths

Orkney Springs Wa. Open June TO Nov. !.
Beautiful mountains. Elevation. 1880. Temper
ature, s5e. Delightfully."- cool. restfu homelike.
healthy Ideal spot. Patronage and environment
the best. Wonderful waters. Cuisine most pleao-
ing feature Booklet. II. e. CARTER. Prop.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-05-23
COLONIAL BEACH

NEW ATLANTA WILL BE OPEN F0E
guests May 30 at Colonial Beach. Va iu
river front. near excursion pier. %
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1913-10-29
pleased With Appointment

The Toledo Chronicle, in referring to
the appointment of Rev. H. o. Pratt
as chaplain of the soldiers home, says:
REV. II. o. Pratt, Of this city, has been
rendered and accepted the position Of
chaplain Of the Iowa Soldiers Home of
Marshalltown. The choice of DR.. Pratt
for this prominent place did not come
as a surprise to his many Tanna county
friends, as the appointment had been
urged from all parts of the state.
1.-The selection Of DR.. Pratt for this
position is a wise one, and he will
prove popular with the men at the
nome He was veteran Of the civil
war. having served in company B,
Thirty second Iowa infantry. In his
early days he was a lawyer. having
graduated from Harvard, and was la
ter q member of the Iowa legislature
and member Of congress from the
Fourth iowa district.
I'm 1877 he became a member of the
Upper Iowa conference of the Meth
odist church, and held pastorates at
Waterloo, Toledo. Cedar Rapids. Mar
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1913-10-29
EFFORT TO FORCE MRS. BROWN
TO DISCONTINUE SUIT IN MIN
NEsorA is MADE.
JUDGE NICHOLS TAKES
TIME TO DECIDE POINT
Seeks to Compel Mrs.
Brown to Cease Prosecuting the
Railroad in Minnesota for tho Death
Of Her Husband, Who Was Killed
Here-Temporary Injunction Asked.

Whether or not Mrs. Johanna Brown,
who sued the Northwestern railroad at
Mankato, Mimi. for s30,37O for the
death of her husband. Edward NJ.
Brown, who was killed by the North
western fast mail last February. will
Mankato court, will be determined by
Judge Clarence Nichols probably in a
few days.
The application Of the Northwestern
railroad to temporarily enjoin Mrs.
Brown from proceeding her case further
in the Minnesota court. was submitted
to Judge Nichols at Toledo Tuesday
afternoon.
The court took the application under
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1913-10-29
WILL HEAR ARGUMENTS IN
RiEMENscHNElDER AND KEEL
LER CASES TONIGHT.
SUBMIT APPLICATION TO
REMOVE ADMINISTRATIVE
Effort Of Male Heirs of Henry Riemen-
schneider to Have Sister Ousted
From Control Of Estate to Be Argued
Railroads Motions for Judgment
in keIIeher Case to Be Heard.

Judge Clarence Nichols will hold
court IN this city this evening to hear
arguments in the application for the
removal of Mrs. Lena Schaper. special
Administrative Of the estate of her IA
Their, Henry Riemenschneider, and to
hear arguments on the motion to ar
rest Judgment and motion for judg-
ment not withstanding the verdict in
the Kelleher-Iowa Central case. Both
cases are of Importance.
One Of Several Cases.
The five sons of Henry Riemen
schneider have joined in the applica-
ton to remove their sister as special
Administrative. This is but one action
Of several that are in the process of
litigation over the Riemenschneider es-
tate. The application for the removal
of Mrs. Schaper alleges that she and
her sister had the former appointed
after an agreement was entered into by
che heirs that a special administrator
should not be appointed. 1t is alleged
further that Mrs. Schaper secured her
appointment to further her interests
IS an heir of the estate.
The answer of Mrs. Schaper TO this
application is that she acted entirely
within her rights in being appointed
special administrator, and that no
cause has been shown why she should
be removed. The evidence under the
application was submitted several
weeks ago, and the case was continued
for arguments and final submission.
Submit Federal Statute.
Both the motions Of the attorneys
for the Iowa Central in the kelleher
case are based on the theory Of law
that whatever cause for sction kelle-
her had against the Iowa Central
should have been brought under the
federal employers liability act Of
April %, 1908, but that failing to bring
suit under such law, Kelleher's right
of recovery has since been barred by
statute Of limitation This claim is
based on the allegation that kelleher
and the Iowa Central We're engaged in
interstate traffic at the time Of his
injury Being SO engaged kelleher's
action should have been brought under
the federal act.
Similar Motion Overru!ed.
These motions were filed after the
jury had returned a verdict for Kelle-
her, or Breen, who is the assignee of
Kellehers claim, of $4,000 several
weeks ago.
Judge Nichols overruled a motion
similar in all its essentials with the
motions to be argued tonight, while
the case was in trial. When the plain
tiff had closed his case a motion for
directed verdict was filed and argued
on the same theory of law. The mo-
ton was overruled by Judge Nichols,
who held that such a theory never
having been pleaded before he would
not allow it to be injected into the case
at that late date.
If the motions for arrest Of judg-
ment and for judgment for the defend
ant notwithstanding the verdict are
overruled, the ca Sc will undoubtedly
De appealed to the supreme court on
the ruling. At the trial Of the case the
defendant introduced no testimony.