davidaulloa/AmericanStories huggingface dataset:
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1916-06-02
5lS East MAln street. ClAFEsburE, v. Va

am candidate for the nomination for
Constable for Clark district. on tho RS
publican ticket, subject to the primary
mated anu elected. l not only prOIuiSs to
discharge faithfully aud fSRFIesGly the
d.uv- VI The Office, Dut Will give my very
"cst service to all the people.
CHARLES U. STOUT.
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1916-06-02
LLOYD u. "EIrrIN.
ClnrkrDuFE, W. Va.

am candidate for tn" Erpgbli-ni
nomination iOs sheriff ui Harrison .1lu
Il. mud gaTueItiy solicit gsui r.Itu.l aut
iuf!uSute a. the yTIIsgg election, jun
q, 1919.
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1916-06-02

Dps,tIuiy sOH.IJ Jour vote HAu IuGuuuyr
GLOlt6b ". STJnN
Meai MIlfnrh v
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1916-06-02

am candidate for tho Republican
nomination Tor County COmuHssloueT. sub
.r,i 80 the primary election OF June G.
4tlG, Huu respectfully solicit the support
Of i4v l.vpuUA,4Ls Dt haT.IsUu county.
DORSEY ". conn.
Grant district.
lm q candidate lOr the Republican
nomination FOR the olt,r ~ County Com
missioner, subject to the viii Of the party
as oppressed n, tho primary election to DO
held JuUr D. 1910
Al investigation Of my fitness for the
oih.r aud Cd. uay availability as candidate
Is Invited ruu tnS support Of every voter
is solicited.
J. ". JOHNSON.
EriaiOL TcHmiIe district.
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1916-06-02
'''''' - ". N. C0AAwAY.


1 hereby respectfully announce my can.
dIdacy for she uOWlnHuOu for Prosecuting
Attorney Of Harrison county. subject to
Tie will OF Republicans ~ tho primary
election, June 6, 1914 and dtAits Il
known that II nominated and elected. /
viii not ask foI a SECOND term. | earnestly
solicit ,he vote and influence VI rNety
Repu bIirHn ia the county AuI pledge my.
self to Keep faithfully the trust u TepOECd
Ia me. I also sincerely pledge the party
thAl viii give my best OnoTta In the fall
campaign for NspubIleAu success whether
nominated or not.
JOHN c. SOUTHERN.
am a candidate for the Republican
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1916-06-02
HOUSTON corr YOUNG.

Hm o. raUGIiat, Ior the Republican
uomIuRtion for secretary Of State, GabIect
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1916-06-02

lnduslrial. Ens; Cinrksburg' y. "a Public

am candidate fer the RepubI,c,,
nomination for Justice Of the PSSsH -.
Clark district, subject to the primary .ISc-
your support. N'ASh
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1916-06-02

Plea, aa.. ".. that | ava a rsEtldat"
'Dr '.r Republican nomination Tor Sec
ratary Of state. / WA born OF Harrison
county fs,u md appeal 70 the voters Of
Jub-
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1916-06-02

h"reD! announce ny candidacy for the
herH"IIyAn nomination Tor Constable OF
to III" VIII VI the VCtSEJ RI the primary
TO be held June u. 1916. II u0minRtod
aOd elected, | VIII give prompt attention
to all paTcTs, etc, that are placed In my
hands. Your vote and influence respect
!lHh solicited. Thanking you In advance.
Respectfully yours.
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1916-06-02

nm candidate :OF the RepublI. %
domination 10. member OF u" mouse q
trIrgntts Tor I!Hg.taVu ,UGuty. s-JJv,t {
Inc Urinary election, June o, 1910. anu 90
u..I yU4T sGEGOH.
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1916-06-02

4. NJ. DONOHUE.
ll3 West MaiI street, ClarESburE, ". Va
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1916-06-02

DU, ,, II. WLN LIIlNIII,
Shinusion, ". Va.
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1916-06-02
N"1I"-IIaII! yOaTb,
JusEi'll EARNEST IILR

JpFGlh LnNlsNI ~ lGLK.
49, hass.a." H,.,,.s E.psG uuAs.
1910. O candidate .uF t.. 4u..,. OF r.s.t.. .
OF iHy ie"a" .uF Clara 4.s,I.,f. Ia....,.,
county, sau.,.i TO the W.. Of ~, ..t,ual.-
asa" voter at Tue Urinary to he As.g
June d. l"b ASA iOG youE vote AuG
guIs influence.
CHARLES /. FORD.
S'''" '%''tE-' street. ..-.Na"GTE. ". Va
desire 20 auuo-L-c ."y candidacy Tor
tae RepIbAcaG nomination for JukIice OF
the Peace for Glare 4.St.I,t. Harrison
county, sH6lcc' to u" primary TO be acid
June v, 1910.
1. q. NICEwARNER.
am candidate Tor the Republican
nomination .oT Justice Of the FeAg, fOr
CLARK district Harmon county, Iubir,t
10 the primary to Uv held June q. 1910
aud VIII ETcatIy appreciate your vote and
influence.
W. y. HURSEY.
No. lJI Linden avenue. uIaTkSbuFE, IS, Va.
desire TO announce my candidacy for
u" N"pGbH,an nomination tor Justice of
the Iear" for CLARK dlLtTICt. subject to
ii" primary 10 be held on June u, 1919. II
nominated anu elected / shall a; all times
give my, personal attention 10 thu dis.
your vote and Influence
ClarESburE. W. Va.
Am candidate isr the Rapublcon
nomination for Justice OF the Peace in
CLARK district, subject to the primary TO
! be held June O. 1910 Your support Will
be appreciated.
LUTHER RAYMOND.
- HtrtiAnd avenue. steAley Heights
am candidate for the once of Justice
OF the Peace for CLARK district, Harrison
county, Sul !ect to the Republican pFi.
mary election jane q, 1910. Your help on
that day Will be appreciated.
a2I PGrrin Court
ny the earnest request OF many friends
have decided TO be q candidate for Jus,
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1916-06-02

ny the earnest request OF many frisnds
have decided to be a candidate Tor Jus.
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1916-06-02

Am a candidate for Justice NJ IN.
PcAce TO- Clark district. subject to tbS
approval OF the Republican voters at tbS
you In advance fer your support and In
hueucs.
GEORGE c. MCKINLEY.
90 Maple avenue
am candidate fer the nomination for
Justice Of thu Peace or clark District on
tho RepublicA ticket. subject to the Pri
mary election TO be held June 9Th, 1919.
All Kindness shown me viii he appreciated.
ClarkshurE W. Va.
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1916-06-02

" ". HESS.
wyatt ". Va -aEle district.
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1916-06-02

chrAsUurr. " Va. 'L'No' 81
Harrisburg telegraph. [volume] (Harrisburg, Pa.) 1879-1948, 1916-05-10
ED. l.. WAGNER
Boy Who Served In China
Expedition; Member of Local
Committee.

lection of Philadelphia as the place
for the encampment next year. the
new officers were installed and the
encampment adjourned. The officers
elected are:
Commander, II. L. Mclaughlin, Post
81, Harrisburg; senior vice-comman-
der j. n. Calvert, No. 10, Pittsburgh:
junior vice-commander, c. w. livery,
No. 22, Philadelphia; assistant adju-
tant general, r. A. Fulton, No. 81,
Harrisburg; quartermaster, Grove A.
Andrus, No. 2, Philadelphia; surgeon
general, DR.. w. G. Gloninger, No. 23,
Lebanon; judge advocate, Joseph
Grey. No. 32, Ebensburg; chaplain.
Joseph Wilson, Philadelphia; council
administration, T. J. Leary. No. 3S,
Reading; c. e. Langdop, No. 2, Phila-
delphia; e. ]. Poole, No. SS, Reading.
The following appointments were
announced by Commander II. l.. Nc
Laughlin.
Historian, Oscar r. LeVan, No. 2,
Philadelphia; patriotic instructor, II.
M. NJ. Richards, No. %, Lebanon; SER
geant-at-arms, w. Robinson, No. 20,
Philadelphia; guard, Norman r. Sny-
der, No. 3, Philadelphia: color SER
geants, A. Coan, No. 6S, Philadelphia: I:
C. w. Stokes, No. 2, Philadelphia !;
color guards, c. Carey. Philadelphia:
John Bewaters, No. AZ, Philadelphia; I;
trumpseter w. Bullinger, No. 80,
Johnstown.
Harrisburg telegraph. [volume] (Harrisburg, Pa.) 1879-1948, 1916-05-10
S O C. IA L
TOther Personals on Page 81
Surprise Miss Mabel Rudy
at New Cumberland Home

Friends of Miss Mabel Rudy. daugh-
ter of Mr.. and Mrs. Ambrose Rudy, of
party last evening with buffet supper
following games, contests and music.
In the party were: Mr.. and Mrs.
Ambrose Rudy, Mr.. and Mrs. William
Steffy. Mr.. and Mrs. Brubaker. Misses
Thelma I<1aiss, Harrisburg; Margaret
Glaiss, Harrisburg Elmira Wentz
Sarah Smoke, Mabel Brown, Esther Mil
ler, Estella Urich. Fannie Steffy. Vir-
Rudy, Carrie Rudy; Messrs. A. NJ. Barn
hart, w. r. McMorris, Jesse Stone.
Clarence Smoke, w. q. Cross, Martin
Paden, John Steffy, Muriel Hartman,
Harry Scheffer.
Harrisburg telegraph. [volume] (Harrisburg, Pa.) 1879-1948, 1916-05-10
Hearings on Brandeis
Nomination ReOpened

Washington, May 10.-Reopening
of public hearings OH the nomination
Harrisburg telegraph. [volume] (Harrisburg, Pa.) 1879-1948, 1916-05-10
HOW TO TREAT
BURNS, CUTS
AND BRUISES
Prominent Manufacturer Finds Most
Effective First Aid Remedy

FAEbt AlO ENeucuy
One of Buffalo's leading manufactur-
ers In whose factory burns, bruises and
cuts are almost of daily occurrence
says they are now using with amazing
success antiseptic UCANOL when any
thing happens demanding the prompt
application of a soothing, healing. pain
killing agent. Not only does this won
derful ointment give Immediate relief
for minor hurts but it is invaluable
for serious burns and scalds. Only re
Gently workman was seriously
burned and 1t was thought it would
he weeks before he could resume work.
prompt application of UCANOL al
most instantly stopped the pain, the
healing began at once, and In Just a
A1ew days he was back at work again.
Ucanol is antiseptic, cooling and
wonderfully stimulating to the diseased
or injured tissues. IN all cases of
eczema, itching skin, old sores and piles
Just one application usually brings
blessed relief.
Ucanol should always be on your
medicine shelf. Get large 50-cent box
at II. G. Kennedy to-day and save
yourself hours of needless pain and
trouble.-Advertisem
Harrisburg telegraph. [volume] (Harrisburg, Pa.) 1879-1948, 1916-05-10

In the annual election of officers
the Veterans of Foreign Wars De-
partment of Pennsylvania to-day hon
ored two Harrisburgers. II. L. Nc
Laughlin, of Howard l.. Calder Post
No. 81, who has been active in enter
tainment of the visiting veterans, was
elected department commander. r. A
Fulton, of the same Post, treasurer of
the local committee. was elected as
sistant adjutant. Following the Sc
Harrisburg telegraph. [volume] (Harrisburg, Pa.) 1879-1948, 1916-05-10

Nine of
afternoon
which
High
torneys George Reed Phil
gold the successful
Harrisburg telegraph. [volume] (Harrisburg, Pa.) 1879-1948, 1916-05-10
PREPAREDNEss LECTURE

The fourth in a series of First Aid"
lectures by DIR. Carson Coover to mem
bers of the Pennsylvania Railroad Chap
ter Womans Division For National
afternoon from to o'clock instead
of Friday as advertised, at the p. r. r.
Y. NJ. c. A. The subject will he IN
fections" and all interested in the sub
ject are invited to attend the lecture
whether members of the society or
nnfs
Harrisburg telegraph. [volume] (Harrisburg, Pa.) 1879-1948, 1916-05-10
RECEPTION AT NEW RECToRY

Following a benediction service to-
morrow evening from s to 10 o'clock
in the new rectory OF St stephen s
Episcopal Church, 215 North Front
street, conducted by Bishop Darling
ton. a reception will be held.
The reception committee includ-
ing the Rev. Rollin A. Sawyer. rector,
will consist also of church wardens
and vestrymen, who are: b. F Burns,
w. r. Hildrup, William Donaldson,
George Gorgas, DR.. John Oenslger, Or.
c. S. Rebuck, @. Irwin Beatty and B.
T.. Meyers
Assisting Mrs SAWYER in serving will
be the wives of the church officials,
and Mrs. George Douglass Ramsey,
Mrs. Robert \. Lamberton, Mrs Marlin
p. Olmsted and number of the girls
of the parish.
Harrisburg telegraph. [volume] (Harrisburg, Pa.) 1879-1948, 1916-05-10

Fort Washington Park will open for
the season tomorrow with dances to
be held every Tuesday. Thursday and
Saturday evening. The Updegrove
orchestra will furnish music and the
Traction Company has promised special
car service to accommodate patrons of
the park. Many new improvements
have been made since last season, a
special feature being a place for park
ing automobiles.
Harrisburg telegraph. [volume] (Harrisburg, Pa.) 1879-1948, 1916-05-10

fof Louis d. Brandeis to the Supreme
Court was ordered to-day by the Sen-
ate Judiciary Committee for inquiring
into Mr.. Brandeis' connection with a.
proposed merger several years ago of
the United Cigar Stores Company and
the Riker-Hegeman chain of drug
stores.
Louis *. Liggett, of Boston, and
George w. Anderson, United States
attorney at Boston, have been sum-
moned to appear in that connection
Friday.
Don't worry about your piano. Lott
the piano tuner can fix it.-AdV.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-04-15
D. A. VALENTINE,
Clerk Supreme Court.
No. 20.104

No 20,104.
r. H. Galloway, Administrator, etc, APP
pellant,
VIM. Freeburg, Administrator, etc, APP
pellee.
Appeal from Republic County
REVERSED.
Syllabus BY the Court. Dawson, J.
l. An administrator appointed to sue
tain action against the estate of his pre-
decessor to recover the unadministered Is
! sets of an estate and for an accounting.
2. Rule followed that an administrator :
action against the estate of deceased adj
mlnistrator is not limited to the one on the
administrators bond, following Hudson VS..
Barratt. 60 Kan 49,. III, 81 Pac. 49,.
5. Where personal estate consists of
money and mortgages which have been re-
duced to money, the money when not dis
bursed as directed by the will or by the
probate court is .unadministered assets >
to which an administrator is entitled on
the death of n preceding administrator.
+. The test of will examined and, aside
from specific requests therein made, held
to create only a life estate in personality
in money and mortgages. following Chase
VS.. Howie, GA Kan 800. 81 Pac. 500.
>. A petition in an action brought by an
administrator in succession against the es-
tate of a preceding deceased administrator
who was also the life tenant of an es1are
in personality examined and held suffi-
cient against demurrer based on the stat
ute of limitations.
All the Justices concurring.
a true copy.
Attest: D. A VALENTINE.
ISeal.l Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-04-15
y. A. VALENTINE,
Clerk Supreme Court.
No. 20123.
The Exchange State Bank. a corporation,
Appellant,

No. 20123.
The Exchange State Bank a corporation,
Appellant,
VS..
W. NJ. Jacobs. ct al. Appellees.
Appeal from Labette County.
REVERSED.
Syllabus. BY the Court. Dawson. j.
1. P1eadings being for the information
of the court and the litigants and not for
submission to the jury, 1t is not ordinar-
lily reversible error to overrule motion
to strike out a defense which pleads a
conclusion of law even though such plead
ing be an erroneous statement of law.
e. Where in a defense to a partnership
note the testimony of witness was offered
which tended to show that the note in
question a mere renewal of the in
dividuai obligation of one of the partners.
it was proper to cross-exanine the wit
ness with a view to developing these facts
completely and precisely, and sustaiuin e
an objection to such croSS-eXamination was
erroneous and pre5udiclal-
3. In an action to recover on a note
alleged to have been executed on behalf of
partnership, where evidence of de-
PENDANT partner was given to the effect
partnership accounts the defendant and his
partner could not complete the partner
ship" when the partnership had in fact
been formed and had been in effect for
three months at the time. to which the
evidence referred. such evidence was in
competent and its admission tended to con-
fuse and mislead the jury as to the legal
responsibility of the defendant as a part
ner.
ing been established. the authority of each
partner to execute promissory notes in
furtherance of the partnership business is
implied by law. and it was incompetent
and prejudiciaI to permit defendant
partner to testify before the jury that he
had not in fact authorized his partner to
sign any notes for the partnership firm
.. Although the lawful defenses of a
partner sued on a partnership note are
narrow and limited. yet demurrer to
the evidence in support of such defense
is properly overruled if the evidence con
tains but a modicum of probative value
tending to show the nonliability of the de-
fendant partner.
been established by the facts and no notice
of its discontinuance or dissolution has
been given. 4 plaintiff is entitled to have
plain and simple instruction given to
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-04-15
No. 20,O91.
A. c. Means, Appellee,

The Merchants State Bank and The Mer-
chants Reserve State Bank, Appellants.
Appeal from Sedgwick County. Division 1.
AFFIRMED
Syllabus. By the Court Porter. ].
1. Plaintiff executed to a bank his pro-
missory note which the bank sold and in
dorsed. The indorsee sued the plaintiff on
the note and obtained Judgment against
him. In a suit by Plaintiff to compel the
bank to pay the judgment, the petition al
legged that he was an accommodation
maker and that the president of the bank
promised him that the bank would save
him harmless from any liability on the
note Held. that the note given
solely for the accommodation of the bank
which received and retained the conSiderl-
ton. the plaintiff may maintain the suit
independent of the authority of the preSi-
dent to bind the bank by the promise.
> The evidence in this ease is examined
and held sufficient to sustain the general
finding in plaintiffs favor.
;. 1t is further held upon the facts
stated in the opinion that the defendants
failed to establish that plaintiff executed
the note with the intent to enable he off
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-04-15
D. A. VALENTINE,
Clerk Supreme CO urt-
No. 20.oS5.
NO. ZU.USO.
Joseph H. Heavey, by his mother and next
friend, Annie E. Heavey, Appellee,


Joseph II. Heavey, by his mother and next
friend, Annie E. Heavey, Appellee,
The Leavenworth Terminal Railway and
fridge Company, Appellant
Appeal from Leavenworth County.
AFFIRMED.
Syllabus. BY the Court Marshall, J.
l. In an action for damages for personal
injury sustained in opening the draw-span
of bridge across a navigable river, an
allegation of the petition that the bridge
was not sufficiently open to permit the
passage of a boat when the signal was
given to the boat to pass through, is sup
ported by evidence tending to prove that
the draw was opened by levers and keys
operated by hand, that when the draw was
grees the defendants foreman signaled the
boat to pass through. that the boat then
started through, that the foreman then sig
nailed the plaintiff with the other workman
to close the bridge, that they started TO
do so. that the boat started to drift, that
the bridge was not opened wide enough
to permit the boat to pass through, that
the foreman then gave signal to open the
draw wider, that this signal came too late
and that the boat struck the end of the
rapidly revolve, thereby injuring the
plaintiff.
, Under such circumstances the finding
of the jury that the negligence of the de-
PENDANT in not having the bridge suffi-
GENTLY open was the cause of the nIain-
legged was the proXimate cause of the in
jury.
,. Under such circumstances 1t was not
error TO give instructions concerning dan
gerous employment.
All the Justices concurring.
A true copy.
Attest: D. A VALENTINE
lSeai-l Clerk supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-04-15
D. A. VALENTINE,
Clerk supreme Court.
No. 20,251.
W. L. S. Mieiy, Appellant,

No. 20,251.
W. L. S. Mieiy, Appellant,
Bert Metzger, Director. ct al. Appellees
Appeal from Jefferson County.
AFFIRMED.
Syllabus By the Court. Burch J.
l. The principle that the state alone can
question the legality of the organization
of municipal corporation applied in an
action brought by a taxpayer suing under
section 255 of the civil code. to enjoin a
rural high school district from Securing a
site for a school building and from Issuing
bonds for the construction of a school
2 Chapter 81 of the Laws of 1915. re-
lating to the establishment of rural high
school districts. provides that the petition
to the board of county commissioners to
locating a rural high school shall state
the proposed location of the school. pc
tition gave the proposed location as with
in ozawkie. Kansas ozawkie being an
unincorporated village within the boun-
daries Of the proposed district. Held, the
location was sufficiently definite and that
the district board, which is given power to
secure building site located indicated,
has authority to secure a site within the
village of Ozawkie.
g. The statute referred to provides for
voting on the subject of issuing bonds to
construct high school building the
amount being stated in the petition, at the
same time the organization of the district
is voted on. 1t is Held that ballots prepared
according to the statute and used at an
election were not defective because electors
were given no opportunity to vote for con-
structing DullqlnS without issuing bonds
4. A proposed rural high school district
comprised territory lying in two municipal
townships. The statute provides that the
election shall be conducted according to
the general election law when not contrary
to the statute. 1t is held that the provision
of the general election law requiring sep
arate polling place for each township is
not applicable. Held, further. that if the
general law were applicable and but one
polling place in the proposed district were
designated. the election would not be illegal
void unless electors were in fact misled
or disfranchised.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
ISeal] Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-04-15

No 20,302.
In the Matter of the Application of Clay
Miller for the Writ of Babeas Corpus.
Appeal from Wyandotte County
(Div. IL
REVERSED AND REMANDED.
Syllabus. By the Court Johnston. c. T.
1. The purposes for which the writ of
habeas corpus may be issued and the
methods of obtaining the remedy may be
regulated to some extent by statute and
under our statutory provision regulating
the use of the writ it will be denied to
one who has been arrested and is held for
trial upon a complaint in court of COM
petent jurisdiction where the ordinary
remedies are available to him and where
the questions as to the validity of an
ordinance and the legality of his arrest
may be promptly determined.
.. The statutory restriction to the effect
that the writ shall not be issued when the
person has been arrested and is held upon
warrant commitment issued from a
court of. competent Jurisdiction upon an
indictment information applies to a ca Sc
where the person WAS arrested while en-
gagged in the commission of an alleged Of
fence and where written complaint is
promptly filed in the court as the statute
authorizing such an arrest provides.
All the Justices concurring.
A true copy.
Attest: D. A VALENTINE,
[Seal.l Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-04-15
No. 1888.
c. Ii. Reed, Appellant,

No. 1888.
c. Ii. Reed, Appellant
vs..
George II. Bostleman. Appellee
Appeal from Decatur County
Remanded for Further Proceedings
syllabus. BY the Court Burch. j.
The purchaser under a contract involv-
ing an exchange of property performed on
his side. He was not to receive the prop
erty coming to him until he paid a note
given to the vendor. After default in pay
ment of the note the vendor brought an
action to quiet his title to the property he
was to convey, the contract having been
filed for record. The answer was that the
contract was procured by the vendor
fraud and that the vendee was entitled to
rescission, cancellation and damages. The
court found there had been no fraud and
ordered the vendor to convey but refused
to make any adjudication respecting the
note. Held, the petition and answer
brought before the court the entire trans
action. the entire controversy should have
been adjudicated, and nothing involved in
it should have been left undetermined
which might furnish the foundation for
future litigation.
All the Justices concurring.
a true copy.
Attest: u. A. VALENTINE.
lSeal.I Clerk Supreme Court.