davidaulloa/AmericanStories huggingface dataset:
The Washington times., 1934-07-31
MOTIONS TO SET ASIDE JUDO
MENT. LAW RULE 73-55

MOTIONS TO SET ASIDE JUDO
MENT. LAW RULE 73-55
I. A motion to U0cGte a judg-
ment must be in Writing, and
the grounds upon Uhich it is
founded must be supported by
affidavit.
2. where the judgment
sought to be UGcGted sUas en-
tered by default of defendant,
the motion must be filed rUith-
in ten days after entry of judg-
n1ent, and nGy be so filed not
withstGndinR the expiration of
the term, and shall be accom-
panied by plea, Uerified by
affidavit, setting up a defense
sufficient if proved to bar the
action in lUhOIe or in part.
3. 1t is incumbent upon coun-
sci to pursue the correct pro-
cedure before the court rather
than rely upon the inexperi-
ence and lack of knowledge of
counsePs secretary, as all the
proceedings in court to enforce
the remedy, to bring the claim,
demand, cause Of action, or SUBJ
ject matter of the suit to hear
ing, trial, determination, judR-
nnent, and execution, are within
the exclusive control of the at
torney.
4. A party rUho makes an
honest and excusable mistake
as to the time Uhen he is re-
CURED to plead or 1nswer,
Whereby he is preUented from
making his defense in due sea-
son, may hdOe judgment opened
or set aside; but not Where the
mistake vds the result of his
oWn heedlessncsc or lack of
due attention and care.
In the case Of Cheyney VS.
Orrison, At Law No. 1866, 6
suit was filed on a promissory
note. A demurrer was filed tc
the declaration and overruled
The defendant then filed a ples
and affidavit to which a motor
for judgment under the 73rd rult
was filed, and duly granted, anc
judgment entered. Counsel fol
the defendant filed motions fol
leave to file further plea anc
affidavit of defense anc
to set aside the judgment en-
tered under the 73rd rule.
The motion for leave to file 8
further plea was in fact filee
four days before the judgment
was entered, the ground of that
being that counsel "dic
not go into the merits Of the
action fully with his client, being
of the opinion that the plea o1
the statute of limitations woulc
obliterate the necessity of a tria.
on the merits
The Washington times., 1934-07-31

council has prepared an interest
ing analysis Of the plan that
should be of benefit to the pros
pective borrower.
Advance reports on the legisla.
ton, when it was on it's stormy
voyage through Congress indi-
Gated that it would be extremely
simple to obtain a modernization
loan. In fact, an official bulletin
stated:
"The process will be simple
Applicants for loans who qualify
will make out notes, and obtain
their money through their local
banks, building and loan associa.
tionS and other lending inStitu-
tionS, which under the act may
discount such notes at their face
value with the Federal Housing
Administration"
One thing which has stood out
in the operations Of Hole and
the Home Loan Board, however,
has made the borrowing less SIM
pie than it appears-these enter
priSes are not philanthropies but
must be sound business PROPOSE
tionS.
For instance, the local banks
are 100 per cent behind the hous-
ing program and its moderniza-
ton provisions. But the banks
customarily make loans only to
their customers. There are many
persons with good credit-whose
income has enabled them to estab-
lsh good equities in their homes
who have no bank account at
all. Education of children, sick
ness, death has wiped away the
small surplus that might go into
a bank account.
But the moral risk is still some
what higher than in the case Of
many persons who place their
funds in the bank "for conven-
ience" and may qualify, prelimi-
narily, for the loan under an elas-
tic application of banking methods.
So what is the unknown to
the banker" borrower to do if he
wants a loan?
Albert Deane, head of the mod
ernization division, has stated
that a bypass" is provided to take
care of that class of individual. He
referred to the portion of the act
which permits the general con-
tractor to discount the note at the
bank.
It is probable that the Home
Improvement Council, from its
offices at 726 Jackson Pl.. may do
much to aid in perfecting this
plan Of modernization financing.
The council is spreading rapidly
and the Alexandria and Arling-
ton offices are ready to render aid
and give information to those who
seek it as soon as FILA issues its
manual for general distribution
to the public.
The Washington times., 1934-07-31

mendationS to Rep. Dickstein
remedy its shortcomings.
The story attracted the atten
ton of the editorial writer and
was followed on the editorial page
A letter to the editor from Repre-
sentative Samuel DickStein, Of
New York, last week, reads, in
part:
"I have read your editorial
on Jury Faults with q great
deal of interest.
"The jury system Of this
country is one of the most
vital to our form of govern
ment, and once the public
loses faith in that system
and in certain instances one
would be justified in losing
faith, with the manner Of YER
dict, as vel as the miScar-
riage Of juStice-it would be
very hard to regain that faith.
The jury system Of the Dis
trict Of Columbia, and Of the
whole country, must be pre-
served on a high plane.
"The very best jurors should
be selected to serve in criminal
cases. The peoples liberty
should be Safeguarded, if a
jury is to determine their fate;
and the determination Of facts
should be based upon expert
ence, intelligence, and a COM
plete understanding of the
facts before them. The prose
cutOr should not look for a
conviction unless a conviction
should be had. At the same
time he should be a defender
Of justice and use every pos
Sible protection to the innocent
and to the oppressed.
"YOur editorial hits the spot,
and should go far to help de-
termine the weaknesses of our
system"
Irving Diener, of the Washing
ton and Alexandria bars, is So
journing in the West for q few
The Washington times., 1934-07-31
Must Follow Rules

1t is incumbent upon counsel
Tor the defendant to pursue the
correct procedure before the court
rather than rely upon the mex
perience and lack of knowledge of
counsers secretary, of which in
experience and lack of knowledge
defendants counsel must have
been cogniZant. Bonnifield v.
Thorp, II Fed. 924! %. . all the
proceedings in court to enforce
the remedy, to bring the claim,
demand, cause of action, or sub.
ject matter of the suit to hearing,
trial, determination, Judgment,
and execution, are within the ex.
elusive control Of the attorney"
A party who makes an honest
The Washington times., 1934-07-31
Press Code Boards
To Air Complaints

George Buckley, acting division
administrator, yesterday an
nounced a plan for handling
code complaints, exclusive of
labor matters, for the daily news
paper publishing business. A
local board. composed of two
members selected by the complain
ants, two by the respondents and
a fifth chosen by those four will
pass on such complaints. The
boards decisions will be renewable
only by National Recovery Admin.
astrator johnson.
The Washington times., 1934-07-31
2 Million Back on
Job, Says Copeland

Two million more persons were
employed in private industries
last June than in June, 1888, in
dicating the Roosevelt admins
tration is bringing back prosper
ity, Senator Copeland CD, OF
New York, declared yesterday.
A candidate for reelection, he
assailed newspapers that "spe'
cialize" in attacks on the ma
tional recovery program. Cope
land said the Interstate Com.
merce Commission had reported
the railroads had 10000 more
men employed this year than in
1898,
The Washington times., 1934-07-31

the home build
ing a n d mod
e rniZ "a t i on
fields, has come
out with a pre-
liminary analy-
sis of the Fed
eral h ou S i n G
act.
Its executive
director, C. A.
Keefer, explains
that many con-
flicting impress
SionS of the new
hons ing plan
have been re-
We ale The
The Washington times., 1934-07-31

m ny of its
aims.
Recently this
newspaper i n
this colum m n
carried t h e
story Of the ap-
pointment of a
special commit
tee headed by
Leo A. Rover to
make a study
of the jury Sys-
tenn prevailing
in the ! o c a !
courts a n d
make eco M
The Washington times., 1934-07-31
G. o. p. MEETING

LEONARDTOWN. Md, July 81,
Summoned here by A. K. Love
attorney and unsuccessful con.
gressional candidate two years
! ago, a meeting of 80 Republicans
of st. Mary'S county was held
yesterday.
The Washington times., 1934-07-31

Write q slogan. WIN A PRIZE!
Sir cash prizes are being Gt0Grded
1Oeekly for the best slogans sub
mitted on the firms advertising in
the RECOMMENDED SERVICES
classification of today's WANT
ADS.
The Washington times., 1934-07-31
Carl RosinSki,

Irving Diener Georgetown '25,
now conducts a high-class real
estate business, specializing in
business offices and buildings, Of
fers in the Homer Building.
The Washington times., 1934-07-31
.D|CKSTE|N HITS
JURY DEFECTS

Publicizing Of the program Of
the District Bar Association is
gaining strong endorsement for
The Washington times., 1934-07-31

Nv e e K S. Mr..
|Diener, former
Ep r e S i d ent of
alexandria XII
Iwanis Club, de-
parted late last
W e Elk for De-
|troit, where his
daughter will
" i S i t relatives
If or the re-
mainder of the
summer before
resuming her
studies.
The Washington times., 1934-07-31
COUNCIL ISSUES
ANALYSIS Of
HOUSING ACT
BY DICK BAKER

The Home Improvement Coun-
Gil, a nonprofit organization of
contractors and suppliers, serving
The Washington times., 1934-07-31
LIBBYS SLICED
PINEAPPLE
2 :ss: !ss: 35c

DIGS. Royal Anne Cherries lge' can 23c
Libby's Cooked Corned Beef. can 15c
Libby's Deviled Ham. ....... can 1Oc
Libby's Potted Meats. zee. 2 cans &c
College Inn Bean Sprouts. 2 cans 19c
Chow Mein Noodles fss GS'ss' 2 cans 19c
Chop Suey Sauce GS5''s' faa ..... bottle 1Oc
Ritter Pork and Beans .r,. .... can SC
Ritter Spaghetti. i..............c can &c
Phillips Pork and Beans. . can SC
Phillips Spaghetti. ..,... 2 cans lie
Phillips Black-Eyed Peas. 2 cans lie
Phillips Red Kidney Beans 2 cans lie
The Washington times., 1934-07-31

council has prepared an interest
ing analysis of the plan that
should be of benefit to the pros
pective borrower.
The Washington times., 1934-07-31

Irving Diener, of the Washing
ton and Alexandria bars, is So
journing in the West for a few
Evening star., 1934-10-17

below the airship, according to a
warning issued to all pilots today by
the Navy photographic ONCE.
pilots are cautioned not to fly
under the Macon at any time" it was
stated in the warning. ut is ex-
pected that the car will be used very
seldom over land"
The sub-cloud car is intended to be
used for observation while the Macon
hides in the clouds. The car. being
very small. is virtually invisible from
distances Of more than few thou5-
and feet. The observer is connected
Evening star., 1934-10-17

purpose. In these elections it feels
the men should have the right to ballot
free from coercion or intimidation by
any employer or foreman or repre-
sentative of management, but equally
also free from any coercion or In
timidation from representatives Of
outside unions of fellow workers who
represent such unions.
Collective bargaining in the motor
industry is coming. therefore, to a
test which may furnish an example
to all other industries, since it Is
being undertaken in conformity with
Evening star., 1934-10-17

the spirit and the substance Of the
famous section 7-a Of the national IN.
dustrial recovery act and not neces-
sarily in line with interpretations made
at the San Francisco convention of
the A. F. Of L. or by active organizers
soliciting memberships.
Evening star., 1934-10-17
SUBCLOUC OBSERVATION
CAR ADDED TO MACON
3,OOO-Foot Cable to Lower Tiny
Device Equipped With
Telephone.

The giant Navy airship Macon has
been equipped with sub-cloud OBJ
servation car which may be lowered
on a wire cable as much as 5000 feet
Evening star., 1934-10-17
Honored After 80 Years.

Thirty-two years after his deeds Of
heroism, e. G. Foster Of East Gosford,
Wales. has just received two Boer War
medals.
Evening star., 1934-10-17
decide the issue, but the General Mo-
tors Corp. has not waited to be regu.

lated or directed by self-styled spokes-
men or agitators, preferring instead to
put all its cards on the table and ap-
peal to its own workmen to select their
own Spokesmen. This means that
while the A. F. of l.. membership is
not for a moment going to be inter-
fered with or in any way Disseminated
against by the management, the Cen
eral Motors Corp. will deal with all
duly chosen representatives Of the
workmen in elections called for that
Evening star., 1934-10-17
Steel Shipments Jump

Shipment Of iron and steel from
plants on the River Tees in England
are the largest in four years.
Evening star., 1934-10-17
Wear Out Shoes.

Marchers in Germany are wearing
out their first parade boots, and shoe
factories are again rushed with orders.
Evening star., 1934-10-17
Knock Out
that COLD!
Ciue 1t No Chance To
Get Going!

A cold once underway is cold
hard 10 drive away! Let no cold
endanger you At the first chill or
sneeze take Groves Laxative Bromo
Quinine. It usually makes short
work of cold because it is express
" a cold remedy and because 1t
gets at a cold from the inside. A
cold. you know. is an internal in
fection and calls for internal treat
ment.
Groves Laxative Bromo Quinine
means COMPLETE relief because
it is COMPLETE treatment. 1t
does all the four things necessary.
II opens the bowels. combatS the
cold germs and fever in the system.
relieves the headache and grippy
feeling and tones and fortifles the
entire system. That's the action
you want. and anything less is
taking chances. Get Groves LaXa-
tive Bromo Quinine at any druggist.
soc and SOC Ask for II by the full
name and accept no substitute
Advertisement
Evening star., 1934-10-17

by telephone with the control cabin
Of the airship.
Imperial Valley press., 1934-05-21
FOUR INJURED
SLIGHTLY IN
CAR ACCIDENTS

S. Autunez, of Holtville, was
slightly injured and his automobile
badly damaged in an accident
which happened seven miles east
of Imperial on the Imperial-H Holt
vile highway at l o'clock this
morning according to report filed
at local police headquarters.
This states that Autunez drove
his car into that of H. Smedley,
also of Holtville and states further
that he was on the wrong side of
the road at the time of the crash
He received a superficial cut on
the head but was otherwise unin-
jured.
Smedley's car, according to the
report was damaged but he escaped
without injury.
Arthur Freeman, Joe Smith and
Fred Jenkins, all of Brawley re-
ceived minor innlrie3 Saturday
night when the car in which they
were returning to Brawley from
a dance in Calipatria, struck a
bridge between Calipatria and
Brawley.
The machine sideswiped car
driven by Clarence Miller of Cali
patria, who escaped with bruises
and scratches.
Freeman was the most seriously
injured, several stitches being re-
quired to close a cut in his head.
Imperial Valley press., 1934-05-21
LOCAL HOME
AND STORE
BURCLARIZED

Miss Enola Peterson reported to
police this morning that some
time during the past week while
the family was absent from their
home, 522 Brighton avenue, the
house was entered and completely
ransacked. Entrance was gained
through a rear screen door and
about 81 in coin taken from a small
bank which was broken open. For
this reason it is thought that the
robbery might have been done by
children as there were many other
valuable articles in the house un-
touched
Children are also blamed for a
burglary which took place at the
Cut Rate Market, 467 Main street,
some time yesterday. The store
was entered through the skylight.
A few pennies were taken, several
cigars and three or four packages
of cigarettes. All evidence points
to this as juvenile job as Gar
land McLane told police he had
to chase boys off the roof of the
store several times in the past.
Harry Jones of Brawley called
local police headquarters thi S
morning and reported that his
home there had been burglarized
recently. Several rare old coins, a
gold signet and an o. E. S. pin were
taken,
Imperial Valley press., 1934-05-21
More Rioting
In Minneapolis

MINNEAPOLIS, May 81. U.R -
Rioting broke out at the city marke;
today when an attempt was made to
run several truckloads of produce
through a blockade thrown up by
more than 1000 striking truck dri-
vers. Twenty persons were reported
injured in the clash.
The outbreak of violence, break
ing the tension among business men
and striking drivers prepared for a
showdown" came as hundreds OF
regular and special police had made
a futile attempt to disperse the
massed pickets.
The strikers, armed with clubs,
showed no inclination to disperse
however, and their angry shouts
rose in a loud roar.
The constantly increasing crowd
at the market and ominous threats
from union headquarters lent Gre
dence to the report Gov. Floyd B.
Olseon was closeted with Adjt. Gen.
E. A. Walsh, head of the state mil
itia. Both men already have indi-
Gated possible intervention of the
national guard.
Imperial Valley press., 1934-05-21
DARROW REPORT MAKES BITTER
ATTACK ON PROGRAM OF NRA

! cqntended, is the hope for the
American people"
johnson, the clustering army
general who has been NRA's chief
tain since its beginning nearly a
year ago, seized quickly upon the
reference to Socialism.
Stripped of shadowy verbiage, >
he said in his letter to Mr.. Roose-
yelt, this means that the choice
of the American people is between
Fascism and Communism, neither
of which can be espoused by anyone
who believes in our Democratic in
stitutions of Self-government, nor
can any public official who has TAX
en- an oath to defend the constita-
ton of the United States adopt or
officially advocate such program" ;"
Donald r. Richberg, NRA general
counsel, challenged Darrow with
complaint that the board has made
itself an agency to furnish amrlun-
ition for the malicious sniping OF
political partiSans for the covert
IScheming of monopolists and for the
mean attacks of chiSelerS."
While favoring abolition of the
Darrow board, Johnson is known TO
! favor different form of permanent
board of review which would COOP
crate and advise with him and other
NRA officials on code problems af-
fecting the smaller business enter
prises.
|, The Darrow board urged 4 re-
turn to the antitrust laws, tempor-
rarily suspended for NRA code op-
Grafton, as "one of the great needs
of the time"
Darrow and four other review
board members signed the lengthy
report itself in which eight NRA
codes were analyzed and found to
be lacking either in effectiveness or
in proper safeguards for small busi-
ness men.
, In summarizing and presenting
additional comment, Darrow and
Thompson collaborated in urging
socialization.
Imperial Valley press., 1934-05-21
YOUR GROCER WILL
HELP YOU KEEP.
HEALTHY and HAPPY
Delicious Cereal Promotes
Regular Habits

The right kinds of foods form
the very basis of health. You need
nourishment for strength and en-
ergy. And you need "bulk" to pre-
vent common constipation.
Otherwise, this ailment may cause
headaches, loss of appetite and
energy. You can correct it, usually,
by eating delicious cereal.
Kellogg's ALL-BRAN adds gen.
erous "bulk" to your daily menu.
Tests show this bulk" is similar
to that found in leafy vegetables.
Inside the body, the fiber of ALL
BRAN absorbs moisture, and forms
soft mass. Gently, this clears out
the intestinal wastes.
ALL-BRAN is also a good source
Of vitamin B and iron.
Isn't it safer-and pleasanter-
to enjoy this food in place of taking
patent medicines?
Two tablespoonfuls of ALL-BRAN
daily will overcome most types of
common constipation. Chronic cases.
with each meal. If seriously i'll, see
your doctor. ALL-BRAN makes no
claim to be "cure-all."
Serve ALL-BRAN as a cereal with
milk or cream, or cook into fluffy
mullins and breads.
Remember, Kellogg's ALL-BRAN
is all bran with only necessary fla
voring added. 1t contains much
more needed "bulk" than part-bran
products. Get the red-and-green
package at your grocer's. Made by
Kellogg in Battle Creek.
Imperial Valley press., 1934-05-21
L. A. Banks
MAYFIELD'S RECORD
IN VALLEY HISTORY

The following excerpts from o. B.
1.-The First Thirty Years." is an i'm
partial sketch of Justice of the
Peace I. Mayfield. who is a can
didate for reelection at the pri-
mary, August %, 1884.
Mr.. Tout Says:
TN November 1911 he Il. May
field was appointed Justice of the
Peace of Ell Centro Township and
has been reelected to that position
for the past twenty years. G93D
He also served as police judge for
the city.
with an unerring sense of JUS
tice and q rigid application of the
unwritten law of fair play, Mr..
Mayfield has handled an ever-in-
creasing stream of litigation in his
court, year after year in manner
that has left a feeling of satisfac-
tion with both plaintiffs and de-
PENDANTS.
HE has established reputation
as a stern upholder of the enforce
ment of the law, at the same time
displaying mercy where mercy was
needed.
"Mayfield, assisted by his estim-
able wife, although not an attorney
administers the laws of the county
with an excellent knowledge Of the
statutes as they are written. If he
were admitted to the bar, there is
little doubt that the people OF I'M
perial county would probably ele-
vate him to the superior court"
(adv)
Imperial Valley press., 1934-05-21
MCKINLEY SCHOOL

At 2 O'Clock recess last Friday
Ray saw a gopher snake crawling
down the west steps from the hall.
1t craWled under a sack in the
milk box. When a boy moved the
sack the snake ran toward Mrs.
Harris. The janitor drove it into
the sunshine on the gravel. 1t
went fast at first but soon stopped
with it's mouth wide open and its
tongue sticking out. 1t died in
about two minutes. 1t became stiff
as a stick. We think the sun must
have cooked it.-Opp. room.
Miss Shively came to our room
today. We painted pictures. The
two very best ones were of MeXi-
can women making tortillas. An
paro Ortiz and Bonifacio Domin-
guez made them.-Amer. class.
We have the banner in our room.
We have had it for two weeks.
The banner represents the room
having the most children present
every day for one week.-2-B.
The pre-primer class wrote some
stories. Here are some of them:
Once I saw a woodpecker peck
ing a hole in a tree. A bug will
lay his eggs in this hole. The
woodpecker will come back and eat
the eggS.-Helen L.
We went to the park to watch
the birds.-Betty.
I saw a bird take a bath under
the Spray.-G. G.
Last week Mrs. Miller told the
fourth grades in Mckinley school
about her trip to Europe. We en-
joyed it very much. She told us
about France and Switzerland. She
saw much beautiful scenery.--E
class.
Every child in our room has beer
at school every day this week. VIZ
| expected to have a perfect attend
ance record but three of us were
sleepy heads Friday and received
tardy marks. Anyway we had th'
best attendance in the building
and were allowed to march through
the other rooms with the banner
Opportunity room.
We made baskets for Mother ;.
day. We took the baskets home tt
our mothers.-1-A.
In Japan there are many cherry
blossoms. 1t is a beautiful coun-
try. 1t is a small country but
Imperial Valley press., 1934-05-21
Flax Market
L. A. Stocks

LOS ANGELES, May 81. U.P)-
Approaching within 300 shares of
its dullest days in recent years,
early trading Jagged today on the
Los Angeles stock exchange. Issues
moved aimlessly and fractionally
With only 500 shares sold, Lock-
heed Aircraft led, opening at OK
easing to 29s, and closing at the
opening price, up B.
Also on 500 share volume,
Transamerica was down hs at g.
with no fluctuation.
On volume of 200 shares or less,
Edison common was unchanged at
16A; Edison rs was down 1s at
22k Edison 5la's was unchanged
at 173s, and Security-First Nation
al was down Y at 31&.
Imperial Valley press., 1934-05-21
Poultryraen To
Hold Conference

Poultry departments of the seven
southern counties of the farm bu-
reau federation have called meet
ing for Friday, May 25 in the San
Diego chamber of commerce.
Local poultrymen have expressed
themselves as intending to be pres
ent, their representatives being j.
w. Ingle and Elder Ferguson. Ex-
periments in the field, codes, mar
keting agreements will be discussed
|, H. Lee Landerman, assistant farm
advisor, plans to attend and the
next day will go to Escondido, to
attend the meeting of Region No.
of the California Farm Bureau Fed
Grafton.