davidaulloa/AmericanStories huggingface dataset:
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-05-27
Supreme X h {, Court
r. FROM RoLETTE COUNTY.

FROM RoLE1TE COUNTY.
Mary J. Crisp, Plaintiff and Respond
i. ent, a.,:tL"" VS.. 21+"'a.-. ::
State Bank of Rolla, a corporation,
Defendant and Appellant. .
Syllabus: ...t ~
% Parties cannot try their causes
on one theory and when defeated on
that line assume a different position
on motion for a new trial or in the
appellate court, and the theory of the
case which was adopted by the trial
court with the acquiesence OF the
parties will govern in the appellate
court for the purpose Of review.
,f2) Where bank check which is
sent by mail is intercepted on its
way and the. endorsement of the payee
forged thereon and the check cashed
by an Intermediary bank which in
turn forwards the check to, its cor
respondent and through its corrCs,
pondent to the drawee bank, and col
lects the amount thereof from such
drawee bank and correspondent in or.
der to reimburse Itself for the money
paid on the forged endorsement, the
payee of such check may ratify the
delivery to the person who intercept
ed the check without ratifying the
forged endorsement and may maintain
an action of trover against the tier.
mediary bank for the conversion of
such check. 4sz. Z.
(3) Evidence examined and error
in the admission in evidence Of a self
serving declaration held to be cured
by the instruction of the court TO dis
regard it. -, r..
Appeal from the District Court Of
Rolette county, Buttz, J. . Action 'of
trover for tn conversion Of a check.
Judgment for plaintiff. Defendant ex-
cepts.
Affirmed. Opinion Of the Court by
Bruce, J. -"
Middaugh, Cuthbert. Smythe &
Hunt, of Devils Lake, N. D. attorneys
for plaintiff and respondent. $s MI i.
| H. f. Plymat, of Rolla, and Cowan
& Adamson and H. S. Blood, Of Dew.
lis Lake, Md, (of counseD, attor.
neys for defendant and appellant.
FROM PIERCE COUNTY TIE, L !:
H.. S. Kline and J.. Minktewitz, Plain.
lifts and Respondents,
| VS..
Hattie Harris, ct al, Defendants and
Appellants.
Syllabus: I. Although a general
denial to the allegations Of the com
plant may, II falsely pleaded, be
characterized as sham, yet an inquiry
in advance of the trial cannot be en-
tertained Ny the Court as to the good
faith Of the Defendants IN pleading It
nor can it be stricken out as sham on
an application Of the Plaintiffs.
The Defendant has the right, by {
general denial, to put the Plaintiff tc
the proof of his demand.
2. An answer, by way Of . general
denial, is the equivalent Of and sub
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-05-27

Germany is certainly abreast o.
the times. "A typewriter has been in
vented in Berlin for the use OF ono
armed persons, who wilt%use their
feet in place Of the lost arm.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-05-27
OUR INCREASE IN WEALTH.

. Nations wonder at the rapid growth
in the wealth OF United States In the
last twenty years. From $43,642,00O
600 in 1880, it has increased to $SS,
$4,000, 900 in 1900. This is a trifle
over 100 per cent. This is per cap
tia wealth of $1,165. Census experts
estimate that in 1912 the nations
wealth aggregated $187,739,000,009
This is 112 per cent in " years.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-05-27

legged to be insufficient as to justifca'
ton of sureties. 2.. 8
! HELD: on the grounds set forth in
the opinion, the motion to dismiss is
denied. No costs allowed onthe mo.
,tion. y ~ :. ~ ~ -, &:i's, ~. ~
= Opinion Of the Court BY .Goss, J. ~
y. X. Murray, of Mott, attorney for
respondent. f 90, TIL :. z
.lV. H. Crane, ,of Mott, attorney for
appellant. s.'Aa ~ s 7 air5' n. (.
VI arts y. 2. ruEs.ST lIE. ft.tzlS Syit5. n s ~
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-05-27

would be scarce. 1t can be called
coalition cabinet or any other euph
onious term, but Lord Kitchener. Sec
rotary of war, is the man England is
looking to now as a deliverer. He
must necessarily dominate the new
ministry. e
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-05-27

Roosevelt probably will find that
his victory in the libel suit will Meth
or rebloom the peach or regild the
rose. His former popularity has
flown,
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-05-27

The bombardment OF Venice and
East Grand Forks going dry on the
same day are events hardly dreamed
OF ten, months ago. This world does
move.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-05-27

stitute for the general issue under the
common law system Of pleading. II
gives to the Defendant the same righ'
to require the Plaintiff to establish
by proof all the MARTIAL facts neces
sary to show his right to a recovery
as was given by that plea.
Under the common law system the
general issue could not be stricken
out as sham. although shown by affi
davit to be false.
Appeal from District Court, PiercC
County; A. G. E'urr, Judge.
Action by H. S. Kline, ct al, vs.
Hattie Harris, ct, al From an order
striking out an answer as sham. and
from a judgment entered based on
said order. Defendants appeal.
Reversed. Opinion of the Court by
Kneeshaw, District Judge. Christian.
son, j., being disqualified, did not
participate, Hon. w. J. Kneeshaw,
Judge Of the Seventh Judicial Dis
trict, sitting in5his stead, by request.
Paul Campbell, Rugby, Attorney
for Plaintiffs and Respondents.
Palda, Aaker & Greene, Minot, At
torneys for Defendants and Appel.
lants.
FROM DUNN COUNTY.
Cornelius Williams, Plaintiff and Res.
pendent, vs..
]. P. Beneake, Defendant and Appel
liant. 5
Syllabus:
Instructions examined and held pro-
per. Where the warranty proven 10
wider than that pleaded in the count
erclaim the pleadings govern the
scope of the instructions.
/ ~ Errors assigned on the admts-
sion of evidence are held not well TAX
on. sd II,
From judgment Of the District
Court OF Dunn County, Crawford, }.
Defendant appeals.
Affirmed. Opinion of the Court by
Goss, ]. -...
T. F. Murtha, OF Dickinson. attorney
for defendant and appellant.
Casey & Burgeson, of Dickinson, at
torneys for plaitin and respondent.
Michael Jablopski and Tekla Jablon.
ski Plaintiffs md Respondents,
D. Coutts and J.A.s Wiech as sherig Of
Stark County Defendants and Ap.
pellants. ~
Syllabus: ~. '~
The affidavit fos publication of sum-
mons is held insufficient and void and
that no service of summons was had
upon defendant Piesik, who is held
to be necessary party to the action.
The purported Judgment renderel
without service ,bon Piesik is null
ity and is set aste and the cause re.
manded for furtler proceedings &C
cording to law. 80
From Judgment Of the District
Court ,of Dunn punty. Crawford, J.
Defendant 8 Cout$ and WEIGH appeal.
Reversed and rinanded. Opinion Of
the Court by Gosa ]. 80 :.
T. F. Murtha, dickinson, and H. f.
Haney, Belfeld, ftorneys for appel
lants 81 ..E. y
T. H: Pugh, pidinson, attorney for
respondents.
FROM sHETTMdeR COUNTY.
Carl Weist, Plaintiff and Respondent,
l.s.-.s ms. 1Ss
Farmers State Bank Of bentley, North
Dakota a corppration Defendant
and Appellant.
Syllabus:
Resnondent moves tol strike out
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-05-27

1t has been some time since South
America has had revolution. Eu.
rope seems to have sobered up the
western hemisphere; with the excep.
ton Of Mexico, which, !is quite incur.
able. = r. =. 2.f j.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-05-27
A LESSON IN FIGURES

Population of the United States
100, 100000. Our army 100000. Per.
centage onetenth Of one per cent.
Enough said. #
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-05-27

ltaly's entrance into the war may
have an effect on the American labor
market. What will the railroads do
when the reservists are called back
home? 49, 's:N '%'la' '""
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-05-27
SOUND ADVICE.

"A girl should never wed I, man
unless sic knows all about him" said.
good old Aust Broadhead, who, hav-
ing married and buried -four husbandy
Ia sombre succession, knew whereof
she spoke. "But il she knew Ill
about him she probably wouldn't
marry him At Ill, and Is she can't
know all about him until she is mar
ried to him, I ruess the only wy
to do Is just to proceed in the old
familiar hit-and-miss fashion"
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-05-27
k 4
a Galley O. fun !! !.
sNApp1No IT Rack.

sp,uddren and sistAhs, seyetsy
..;d coed Old Passon, Bagster. se!af-
;ns ominousiy ct bio eons!esakson:;
a ~ nn,h voice viii, pay City seats e
70 to dee circus to-mor Gat ~ "a a.
die 10 . single dime 70 he.p out g.
revival dat, a, de tumble INST p'nsas
IN de hands o. De Lava. ! wss eo-
ductin' last week." -,
.SWsli sah," replied Jim DsaSel,
the rambling man, who ssemSo ~
think ne ministerial gaze Vas dtfect-
ed ~ Him. l"de revival had only ore
eiowa. whilst Dc eireus adysnses }
twenty" !
A srArEsnANs PROPOSAL !
INV dear Mrs.. Psllieue, eoaoe7
ou.iy began tie Hon. J. c!aud Boz
gua, addressing, after bo.,ne ~"
ioundly and thrusting b: !ignt nsno
deep into the bosom OF by f1nse
Albert coat, the eomely widow upo"
whom he was calling, I wish 70 W.
ter 4 few-er-h'ml-well-cho sen re-
marks this evening upon > svb1eetI
which lies very close to my neetI.
I have been urged from time to Tune
bv INV vell-w;shers to take tins steps
BIT vas loath to aceeds TO their nm
portunities, feeling that there wefs
other men IN the community more
abie and better qualified for The m
portant task. But ut length their 81.
quests have become %. insistent e1ak'
! am compelled to yield, 50
Il, therefore, am now, 1t the 80
nest solicitation Of my many fiende y
IN avowed candidate for your hand:
IN marriage, and for proof Of my;
ability 70 Gil the exalted position q
benedict with honor and ereaat
should ! b. eleeted thereto. I Ro a
Already been honored with thre I:
terms % the husband Of three excel
lent and admirable women, and VA!
never recreant to the trust imposed
upon me. / love you: Will you be-
come my wife? Ladies and gentle:
men-er-t II, is, Mrs.: Pell'eue' !
thank your :. , .s,1 H. -
s
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-05-27
= o1rrsrl1oN. OF BOTTLES.

In the temper
a:nce warfare
there are three!
opposing camps:
; Those that be.
lieve in Z non.
,6llable bottle, OF,
the ''ra dicars:
Those that beg
lieve ina non-rN
fllable bottle; 1
the lib erals,
Those that be-;
9,lieve IN the nom;
lemptiable bottle.
or the conserva.
W. s:' /.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-05-27
The Weather
Forecast

For North, Dakota: Partly cloudy
In the eastern portion and probably
showers in west portion tonight and
Thursday.
ORRIS w. ROBERTS, Z
Section Director,
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-05-27
} BONE.

AT the urgent request 81 "A am,
pife, the pitcher piod ded his weary
y lost my head, gusss,"5 he
vouchsafed. q he hesitated near hil
manager. ~ s.,} h,g, ~ Il IA, Emils
II saw . dog Gnawing something
outside the gate" sympathized the
manager. a .s..@5G =: :.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-05-27

II Barnes had enlisted at Armaged'
don there would have been no libel
suit, T 4 @
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-05-27

= /. Z
A man who was very much the
worse for wine when It was too red !.
started to play golf. The first hole
vas = short one. He played It with
= mashie and BY some accident the
ball rolled into the hole. The nnaa
did not notice il; marched directly ia
the green, squinted into the hole. and !,
Addressing the caddie. ID . husky voice
said: Give me Z niblick. |,
THE NEW CULT. !.
), SHE wears sfuturist gowns, you
know" I. i. si, e IS
enc, l don't know ! thing about
howr
"You can search me-perhaps they,
are gowns which are yet to be paid
|tef:. 3. !. &. a.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-05-27
THURSDAY, MAY 27, 1915.

q q Q %>>$ &>%>> .
Q WHERE THE TRIBUNE CAN
Q BE BOUGHT. .
0 800 . q = = = = = @&>$
farOo. N. o.
oaRGne9 Hotel
Grand Forks, N. ..
Hotol Frederick.
Devils Lake, N. ..
II. b. Rosenburg, News agent
g. ], B. Turner. News agent
Mlnot, N. o.
NansSu BroA
Dickinson. N. D.
1t, Charles Hotel
Minneapolis, MINI.
Kemp 4 Cohen. News aSeAn
Hotel Dyckhan.
Hotel Radissou.
81. Paul, MINI.
Noechants Hotel.
o. Marie, Fifth st.. News agent
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-05-27
FIRST INSTANCE.

FIRST INSTANCE, -. ;
Shem (on the ark): Zowie! The
old man 10 pacing the quarterdeck
in 4 towering rage. Il he worrying
about the animals? r. 49,
Japhet: You guessed it: the Lion
got his goati
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-05-27

I. Durum wheat should soar with
Italy at war. "
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-05-27

move.
The Detroit times., 1915-12-04
NORTHUMBERLAND.

The Battle Cry OF Peace mo-
tion picture which combines an alb
sorbing drama with powerful plea
for military preparedness on the part
Of the United states will begin an in
definite engagement in the Broadway
strand theater sunday afternoon. The
hlm is in nine reelA. opening with
presentation OF the vast wealth OF
this country and the startlingly in
adequate means of defense as COM
pared with other countries. gradually
working into the story proper which
shows the effects of an invasion on
the city OF New York. which is
burned and pillaged before the very
eyes Of the behOlders and on one
particular family Not only the hid
eous cruelty OF warfare but the
hupelessly insufficient means Of de-
fense is vividly pictured Battle
ships. submarines. aeroplaues. and
thousands of soldiers were furnished
by the government to help make the
picture n success. and II now carries
the Enforcement Of practically every
public man iu national affairs An
acCompa niment Of a 3O-piece orchss-
ira, a i5-piece dfs ard drum corps
and the big Wurlitzer organ. besides
innumerahle mechanical effects. will
be furnished. making more elahor-
ate Offering in New York where the
picture recently passed its eo0th per-
fOrmanre
The Detroit times., 1915-12-04
CARR RICK.

With the record OF an all-sesson
run in New York last year. and a
long engagement In Boston this year.
George V. Hobart's famous modern
morality play. Experience" comes
10 the Garrick theater Monday. "Ex-
perience' tells in the form OF an
old-tiue morality play. of the ad-
venture and experience which befalI
the average Youth when he starts
out into the world in search Of fame
and fortune. Leaving his sweetheart
The Detroit times., 1915-12-04

Love behind him In the little cottage
among the hills. Youth boldly steps
forward with Ambition determined
To conquer the world: AZ the gates
describes himself as the champion
school teacher OF the world" Along
comes Pleasure. heautiful ana fss-
cinating young woman. who lures
Youth TO dance the tango upon the
Primrose Faith. This leads TO the
gav and glittering cabaret scene with
"A score OF temptations bearing the
names OF Intoxicstion. Passion.
Is caught In the mad whiri or dissi-
patton. visits a gambling house. loses
his money. and is deserted by false
friends. lie meets Work. and through
Rowery saloon. Even there he loses.
for he befriends Frailty, pathetic
waif Of the streets. and is kicked out
BY the brutal proprietor. Youth is
about To faI' into life OF crime. un-
iii before "A church he hears the hymn
hts mother taught him. and decides
to return to Love. He goes homt.
the faithful Experience as his best
friend.
new musical comedy called Very
Good Eddie" win he presented In the
Garrick theater. the week OF Dec.
10. with a cast OF favorite entertain
ers lncludlnR AiiGe DONFN, Rua IN 10
Anne orr. Julia Mills, Ernest Truax.
John r. Hazard. Oscar Shaw and
others Jerome Kern wrote the music
and Philip Bartolomae the book
The week before Christmas the
Garrick theater viii be occupied by
the San Carlo grand opera company
1-esenting a repertoire that viii IN
dude a charge OF bill for every even.
ing. beginning Monday. Dee 70. sno
fOr the mid week and Christmas day
--attnees The opening performanC
will be Aida which will be fol-
lowed by Lucia III I.ammermoof
Faust" "RiRoletto." "Csvai"eria
Rusttcsnna." "Pagiiscci." IL IT, lvi7-
ia" Tales OF Hoffman" and I'll Tro-
vatore."
The Detroit times., 1915-12-04
ORPHEUM.

,-na Eva Fay VIII remain in the
Orpheum theater for a second week
rhe interest In Miss Fay's perform
theater has not beeI large enough
to hold the crowds The famous mys
tic VIII vary her program next week.
offering much that is new. The add
ed feature will be provided by tho
lonial quintet, one OF the best In
strumental and vocal acts In vaude-
Vile. There nre two soloists, ce1list.
pianist and violinist and they have n
repertoire that ranges from the
classical 10 the latest popular dittIes
OF the day. In colonial costumes.
backed by a beautiful scenic setting
this quintet II certain to please
The Kilkenny Four will present a
The Detroit times., 1915-12-04

The new year In the Detroit opera
house will be. opened by David War
field. in a new play by David Belssco,
called Van Der Decken." fon" 'nf
upon the legend OF The Flying
Dutchman." The play will have Its
premier next week In the Beiascd
'theater. Washington.
Frances Starr. In Edward Knob
LAUGHS play, Marie Odtie," will
come TO the Detroit opera house. the
week OF Dec. 10 The play and the
unusual manner in which David Bel
asco staged it. created n sensation
in New York. last season. TIE orr
ginal New York production VIII Dc
brought To Detroit.
The Detroit times., 1915-12-04
WARRINGTON.

"The Prince and the Pauper." which
many critics acclaim Mark Twain's
most delightful story, with Marguer'
ite Clark In the leading role. IL the
happy combination announced for the
screen In the Washington thcatet
next week. Years ago when this
piece was played on the Legitimate
stage. there were unfortunate iimita.
tions, because the prince and the pau.
per. played by the same person. could
never appear on the stage at the
same time. Now through the process,
Of double exposure, Washington thea.
ter patrons will see demure little
Miss Clark simultaneously as prince
and ragged urchin. In many scenes ir
the play. This Is the frrt OF the
Mark Twain subjects to be released
on the screen and Miss Clark is said
10 have achieved the finest artistic
triumph of her career. She Is sait
TO have caught the spirit OF Amor
'ca's great humorist and In her owr
wistful winsome way has brought
IL out on the screen as no other &C.
'ress could. The scenario adheret
faithfully to the story told by Twair
OF the prince who longed to be
beggar and the beggar who yearneS
tCestinued On Next PsGe)
The Detroit times., 1915-12-04

revue of Irish songs and dances. Dor
othy Herman. making her last ap-
pearance in vaudeville. preparatorN
10 entsring musical comedy; VIII sing
character songs that are original ana
pleasing. Freddit James. who says
he - the worst juggler In the
world" has an amusing act and there
will he other features As usual
changed daily. One of the nlm fes
lures for the week Will he the nrst
instailment Of Graft" Monday night
and Friday local dancers VIII COM
pete for prizes.
MAJESTIC.
lion Dollars new play by Fredcr-
lex Arnold Hummer. author OF The
Other Woman" "Mr; Buttles. and
ether dramas. will be seen In ne
Faversham. recently seen In Detroit
In The Hawk made his debut in
pictures IN The Right Of Way but
hns M,,,. bigSnr ard better tS,. ,Ss In Us.
a hearty reception for the star and
tho picture. One Million Dollars" is
a story OF love. intrigue and mystery
with an East Indian atmosphere. Mr.
ard Duvsil, wealthy expert Grim
inologist who unravels murder mys..
terry and other crimes with the aid of
'rystal globe. This globe. pre-
sented to him by Buddhist prizes,
for saving the latter's life. when
gaxed into causes Duvall to fall intc
q cataleptic state. His astral body
is released and is free to roam NJ
Will Duvali experiments with the
magic globe on his 'eturn 10 New
York and is surprised to see the face
OF girl he met In India. Then. he
discovers her mother has been slain
by an inscriptions uncle and sh.
will lose her fortune OF one million
dollars unless steps are quickly TAX.
en-. Duvall does this effectively and
wins his sweetheart. Much OF the
reputed mysticism OF the far east
retained In the play, the effects
being heightened through double and
triple exposufes so that ct times
three distinct features or the story
are on the screen at the same time
usual varied program OF musical
and film features and Henry santrey
in songs. viii he given.
The Detroit times., 1915-12-04
DETROIT OPERA HOUSE.

DETROIT OPERA HOUSE.
The thousands OF piaygoers who
know Potash q Perlmutter" by their
iss, , name, ,s. two WI. be glad ,n to iesTn ml
play . return engagement In the De-
troit opera house next week. Ever
eince Montague GLASS; famous char.
s OF IL. s sssard.y 70 kHsnins Po. 20. pssss Hss
aud Mawruss" have been enshrined
In the affections Of millions Of peo-
pie Who found In their wit and phil
Hssphs sep S,.n ans c iss sxs sp':9de OF h.s inss
about and to sympAthis1 with. The
story of Potash & tPerlmutter" deals
with the fortunes Of partners In the
cloak and suit trade. who risk their
prison. young man who has fed
that country In order to avoid perse-
eution. The play teens with laughs,
,n,,chr has many sw.s, ,,so love passages and and
and give to the comedy it's lasting
hold on the audience. II 10 because
or tts infinite humanness and it's rare
comedy that Potash 4 Perlmutter'
has been able To make so universal
AN appeal not only In this country
but In England where the play IN APP
preaching its six hundredth perform
snce. In next weeks production.
ash. while Morris Perlmutter will be
played by Harry First and the other
leading roles by Jane Fearniey. Har-
ry Hanion. Maurice Barrett. Helen
Saiinger. and Maud Leroy.
Frances Starr. whom David Belasco
viii present in the Detroit opera
house the week OF Dec. IL. Is said to
be doing the best work OF her career
In the Edward Knoblauch drama
Marie -Odile." II In described as a
play rich In poetry. and spiritual
simplicity. The background OF nr.
Knoblauch's story through which
moves the pathetic ngure OF Marie
Odile. IL the Franco -Prussiay war Of
1870. The cast and production are
said to reflect the usual Beiasco
taste and discrimination In such mat
ters.
South Bend news-times. (South Bend, Ind.) 1913-1938, 1915-07-09

woman with red hair and a keen sense
OF humOr She does not speak q word
Of English But all Of us can talk
French more or less huently. Well.
/ am thoroughly happy and content 20
remain here till cold weather. In
short. 7 am having the time OF my life