Image provided by: University of Nebraska-Lincoln Libraries, Lincoln, NE
About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Nov. 23, 1897)
HOW TO FOLD A NAPKIN florno Now and Fancy Designs for Pretty Table Linen , AN EASY ART FOR THO E WHO KNOW tVIint Mnltoft n Tnlilo I.oolt ta lie fiiirntM Wln-ii They Arc UhliU-n to .Sent Tliem- ' KflVI'H. I The arrariRcment of the napkins adds much to the appearance of ft dinner table. Of course , plaited fans or any violent butterfly or bat designs placed In goblets or tumblers nro to bo despised as commonplace , but an artistic manner of folding napkins to hold the blocks of bread Is to bo admired. It will not take moro than a. few moments to fold the prottf patterns of the bishop's miter , the water Illy , the four pocket , the unlvemlly tap , the Neapolitan , the cock'a comb , the calla Illy and the arrowhead. To bo Miccessful , the napkins must be quite well starched In order to hold the creeses to make the designs look firm and to carry out the form. Accuracy Is desirable , end a good deal of patience Is required at first. After once Betting the Idea , however , the work will take only a few minutes. The water Illy Is , pcrhups , the prettiest , and It Is very nlmplc. Take a perfectly equaro napkin and fold the four corners to ward the center , making all meet. Next fold the new corners to the center In the same way , and do this a third time. Then care fully turn the napkin and fold the four cor ners to the middle , turn the napkin once moro and arrange the peUls , making them nil stand up neatly. 1'laco the block of bread In tha center. " " " ' Something of the same tr6atmcnt Is re- qul'crt for the four-pocket. The corners of a Equate napkin arc folded to the center , niul FANC'V WAYS Or FOMJIN'O NAI'KINS. the new corners again similarly folded after which the napkin Is turned over , and Its four corners are folded again to the center. Turn It over , and you will find four pretty pockets. The wato.Illy and the four pocket are especially adapted for email tea nap kins. The university cap Is rather complleited It czuti'U bo done with a square n a' . ) 1:1 a iiiy the napkin before you lengthwise and double the bottom edge over four times making a two-Inch fold or band. Crease this fold tightly and bring It Into the middle o the napkin as In figure 1. Turn the napkli and bring each end over as In figure 2 , meet IIIR In the center. Bring C Over to A , as ti flguro 3 , and turn the flap marked 1) E back over the dotted line , Ic-ivlng It as shown li figure 4. Do the same with the other side Reverse the napkin and you will then have figure 5. Tuck the bread In the band. For the arrowhead fold the oa < pkln length wise In Ihrco equal parts and turn over the ends as in figure 1. Fold back each flap to meet along the upper edge ( flgure 2) ) . Draw these flaps together across the dotted line and you will have the arrowhead ( figure 3) ) . The Neapolitan looks dimcult. but really it Is very simple. Fold the naplc'n In three lengthwise , turn over the ends ( figure 1) ) an roll the ends ( figure 2) ) . Turn the napkin over and bring the rolls to mccl In the center. Place the bread between then ( figure4) ) . or you can turn one of the flaps toward you and have a 'jacket for the bread ( figure B ) . One advantage of this design is that It iloc/j not crush up the napkin. The cock's comb Is reado by folding the napkin In half and again In half to form a square , and then Into a trlanglo You wl ! have a cent'.al point and four loose corners two on either side. Raise the cctitral poln and tuck the camera around Its Lose , making them go through the opening. Now turn tin nanklu upside down and pull out the fou. points. You will then have the cock's comb The calla Illy Is rather dlllicult. This de mands a square napkin. Turn the lev cor ners toward you , as In flguro 1. Turn the napkin over and fold the two bottom corners ( flguro 2) ) , gull the upper triangle over to ward the lower one , making a deep fold litho the middle of the napkin ( flguro 3) ) . Now draw from beneath the napkin the two foldci corners , and , holding the napkin firmly in tho- left hand , carry the end of the mlddlt fpld mirked n to A , moving It toward yoi and roll cr fold ono corner up to the bam around the base of tha Illy , which has begin to assume shape , and tuck It In firmly ; brini the other corner around In similar faShlct and form the flower. The eye and the ham have much to do in order to make this design successful. JiO JUIIICI.U. UlhTUICT. E\U-iiHlv - 'IVi-rUnry Under ( lit.TinIn - lUrllnn of AIiiNUii'x .InInc. Charles Summer Johnton , recently ap pointed by President McKlnlcy Judge of UK United Stiles court for the district of Alaska cxerclwcs Jurisdiction over a domain vastl ) greater than that of any federal Judge In the union. It 0-nbraccs an area of nearly GOO,0X ( equare miles , with a co.n line longer thai that of all the Atlantic , Pacific ami gul states combined , and his Jiirls.Ilction Is nearly one-slxth of the whole territory of the Unltci Stales. It extends from south to north fron latitude B4 degrees 40 minutes ( sixteen am two-third de'gri > ffl ) to latitude 71 degrees 2 anlnules , and from caot to west from 13 degreea west longitude (57 ( degrees 20 mln utes ) to 172 degrees 40 minutes east longl tude. The position of judge for this country o Immocslt.lcs le no sinecure , MJS the Chloagi /Tlmm-Hcrald. / The greatest hindrances ti the prompt administration of Justice are th lack of transportation facilities , the grea tista.nees. ! want of means for communication nml the dltllculty of securing competent an reliable Juries , Judge Johcson was bom In a log cabin on the prairies of Jones county , Iowa , m 1851 educated In the high school , * of Clarlnda Agricultural college. , and State University o Iowa , graduating from the law deuartmcn of ( he latter Institution In 1S77. Ho re moved to Nebraska and engaged In the prac < lce of law , \vas elected to various ofliccs among tliem member of the legislature o < hat btate to 1SS2 , prosecuting attorney fo ills district In 18S5 , and re-elected In 18S7 Jle resigned In 1SS9 to accept an appoint pnent to United States attorney for the ills itrlct of Alaska and served In that capaclt ( four and coo-half years , being the only at * orney who ever served a full term In Alaska [ After the expiration of his term he settle * In Junrau , Alaska , and continued the prac itlco o { Jaw , He was elected a delegate t 4ho republican convention at St. Joula I 1SS6 , end was chosen national comralttceuia for Alaeki. Ho Is In the broadest ccnie a lelf-mnj man. Earning the money necessary to ac quire an education by his ami efforts as printer boy , be ha * pushed his way to th front by flue natural ability and perseverlD Industry , At the tltno of the democratic conventlo fthlch nominated Bryan. It was reported that , finding the convention abort of Alask men. ho. assented to act OB a delegate from < ho territory , thereby achieving the unlqu distinction of helping to nominate both Me KtAlejr * ml Bryan. , Thlt statement w i en rr ly without foundatlcn. I'o was at the Iryan convention simply g a spectator , and Id not participate In any manner whatever n Its proceedings. The * Iniiiortiint Inrt They Tnlto In tlic MiiniiKcntFiii of it I'liu-c. I There nre many /farmers throughout the , ountry who nre aufllclently llbcrnl to the oys , lint who think that girls' wnntn should be supplied ns they siiKfrost themselves - i selves , nml with no rosanl for Individual preference , pays an cx'chnnKC. After hnrn vest , the son , who hns driven the reaper or ' helped nt threshing , has his share of the nroflts to control and do with ns ho pleases. "ertnln of th stock hnvo been Klvrn him plfr , n calf , or a colt , which lie will venUmlly pell nnd put the proceeds In his ocktt. The farm offers nil sorts of op- Ight which he him enrncil nnd to which tt la fairly entitled. With the g-lrl It Is usually very different , t never occurs to nny one thnt she. too , , -niilil enjoy a small Income which she ould count upon ftf her very own , and In- est us she saw fit , without restraint or bjccllon , The butter and eggs are sorne- Imes her especial commodity , and from heir sales nhi'has n limited supply of ockct money1. But It Is extremely limited , nil frequently very * uncertain. Yet her labor In the homo "about the lace" has done ns much toward estnbltsh- iii ? . thu family l rosperlty aa the labor of IT brother. She Is Up nt daybreak to et breakfast ready. Stic prepares , frc- uently unassisted , three meals a tiny for fi. ) days In n year. She iloeH the washing il Ironing1 , the aewlnp nnd mending , anil H Htlll at hi'n work long after her brother 9 In bed and asleep , or nway visiting the ictghbors. She , too , hns an additional tax luring Imrvest , nml nt those seasons when hi ! work upon the farm Is especially henvy , > ut she rnrely receives nny reward for the vxtra service required of her. It la manl- est Injustice. A good many overcareful atlier * uxcuse themselvt'H upon the plea hat girls have no judgment In money mat- irrs. Well , they certainly will never HC- lulro wisdom without experience , and they an not gain experience It the means fore : o dolnsi are withheld. The financial faculty In most women lies lormana for want of exercise , but It hns ) een marvelously developed wlien It haa been put to the test There are thousands f women In the country , widows who have ssumcd management of affairs upon ho ikath of thu husband , who havii suc- etiU'd brilliantly , when the better hnlf allcil ; the mortuago Is paid off , Block 1m- iroved , modern fitrmlnp Implements have ii'on purchased , anil the crops cultivated iccoriling1 to modern mill Intelligent Ideas. The prollt-sluiring system should Include iirls ns well ns boys , and there Is no [ UeHtion but that It will pay. A VISIT TO THU IIMKMIT.VGK. Ionic of Old IlloUory Ili-lni ; HoNtnruil to UN ( trlftl-.iiil CiinIIi ! > ii. The drlVL to the Hermitiiffe Is beautiful , is was discovered by a party conducted hure by membeis of the Ladles' Hermitage issoe-latlon , says the Nashville American. V stop was irmdo at the little Presbyterian e-liurcli , built by General Jackson In 1S23 for Us wife , and which lias ever since been iHt-d by the 1'riFbyterlans. Colonel Andrew Jackson Smith will give to the chinch a silver pinto to mark the pew In which Gen eral Jackson sat. The Hermitage never looked more attract , vo than In its autumnal garb anil the ntirlor Is gaining Interest dally by the icqulslHons of the association In the last uw months. While the drapcrlcrf have not been hung , nor the carpet laid In the gen- Aral's room , the presence there of the old- .Imo furniture and the very near poswlblll- les of Us complete restoration add 1111 In- erest. In the fireplace are the old brass andirons rind feniler , and rrndy fald logs for i fire , which , however , will probably never bo lighted. Upon the mantel are the brass fOiullcstlcks , the two vases made of shells mil the long mantel mliror thnt stood there "or so many years. The replacinK of Mrs. tuchel Jackson's portrait , upon which the old hero's ilylnip gaz rested , Is only needed o complete the picture , and that will be Killed from the historical collection that was in the History building at the Cen- .ennlal. The was-hstaml , with Its six pieces of china. Is already there. The bureau has ipon It the worn brush usd by General Jackson and the two china smelling bottles , 'ashloneil after Chinese mandarins , once jeloiiKlnp to Mrs. Rachel Jackson , among : he few articles of the latter now extant. The wardrobe looks much as It did In its old place fifty years jisro. Long yearn HBO the bed upon which Gen eral Jackson died was lowered by sawing off the high legs that made It necessary to iso steps to Ket up Into It. The legs will ) e restored nml also Its old-time canopy , mil In every way the room made to look as t did the clay "Old Hlckoiy" died in June , S43. Thu Sumner county women presented he association with the steps used In the umner county room by the Winchester cil. Tnls will go In the room. The hall furniture Is on Its way from Cin cinnati nnd will soon be placed. The old Jackson sofa , piven by Mips Hoffstcttor , Is low In the hall , but will be put In the par- ors. The medallion bust , presented to the ntsoclatlon by Miss Wheatley. the Memphis irtlst , is a very Interesting and valuabjo ail- lltlon to the collection. It will bo hung be- ween the windows In the state dining room. In the pallors also Is a beautiful settee iresPiiteil to the association by the women of Hnywood county. It Is of an antique > attern and of rich , dark wood and barmon- zes well with Its historical surroundings. The handsome rut ; used In the Hermitage room In thp Woman's building has also > een taken to the Hermitage. The epaulettes worn by General Jackson it the New Orleans reunions , plven by MCSFIS. John Hill Eakln and J. II. Fall , and .he sword captured from General Mitchell by John Donelson at New Orleans , have nnt yet been rFnlapprt. Mr Arnnnd Hawkins , the custodian of ho Louisiana collection , from whom the spaulottes and sword were purchased , pre sented to the association two cutlascs or swords. One Mas placarded "U. S. cutlass used by the American brie Carolina In the fight apalnst the nrltlsh , 1SH-13 , under Gen eral A. Jackson Presented to the Hermitage collection. " The other contained the follow- 'nj ; Inscription : "Captured from the IJrltlsh. : S14-13 , by General A. Jack = on Presented to thn Hermitage collection. " The o < n1ll be placed In the ftascs containing the regalia ind the eword. But one of tihn most valuable acquisitions s the gift of Mrs. Thomas M Stejrer the nagnlflcput portrait of Jaekson , which buiiK n the Hermitage room duHnsr the exposition. The following card accompanies the gift : "To the President and Ladles of the Her mitage association of Nashville , Tenn. : I deslro to present to your association an old portrait of Andrew Jackson , which Is valun- iilu as having been painted by his order soon after the Imttln of New Orleans , nnd pre sented by Andrew Jarkson to Alexander Porter , ? r. This portmlt cnmo Into mv pos session throupii my mother , Mrs. Fpllcia Grimily Porter , who married Dr Robert 'M. Porter , son of Alexander Porter , sr In thc'lr ' memory I now give this portrait of Andrew Jackson to the Hermitage associa tion , 'with ' the request that If ever this Hpr- mltuiji ! association Is dissolved , and purposi of preserving the Hermitage i\a \ the homo ol Andrew Jackson Is nlMiidoned , then thin per trait must bo Hjvun to the Tennessee ! HIs- torlml association of Nnflivllle , Tenn , " From the record made and the relies Rath- ere'd and the sentiment crpatPd , It I .hardly probable thnt the home of Andrew Jackson iwlll ever cease to bo preserved ns such Since' the first or Jlay there have boon actually registered at the , Hermltaco 4,833 visitors. I irge numbers cnmu nnd wen without over recording- their names , and not IPSS than (1,000 ( or 8OCO people have vlsltei thuro durlnK the last six months. Thu old historic carriage , purchased General Jaekson for Ills own personal HBO In 18)1 ) , and usi'jl'i'ohstantly by Tilm durlnt Ills two presidential administrations. JH back at the Hermitage. It stood the twelve- mile trip \\e\\i \ \ 4 Tin' I.\OUIASIJ ; OK A Kacl ( lint I'rnvt'H ( In1'ronroHH nl 'I'llIn < 'oniir- ( . Ono of thn best 'possible facts In thn latter , day progress of this country. Bays Leslie's Weekly , N the Increase In the number o ihomps. In crowded renters of population such an NthV York nnd ono or two other cities , the flat and the hotel must always bo necessary , for rpnco In too valuable to bo monopolized by the humble , Jlut ovci around the very large cltlps there nn > brlni , built thousaiidtt < l tliouBiuuls of Etibiirban rottnpes nnd country residences , and nl through the length nnd brendtli of the couu try , In thu towns , villages nnd cities , arils tlo homes nro IncreusInK at an astoulrtilni rao. If any ono will take the trouble to lool up tha lltctmture on the subject he will Dm that lit this country there are moro than a hundred papers duvoted to these homo build er , giving them each week plane nnd ug BctilUms. T < i . number of books upon low priced architecture , written in the last ilf tftMt yiMry. oxcoi'ds the total for u e > ntur > previous A wider education lu being ppread and the gain In every way lu enormous , A rmn wtio OI.VPR Jils home Is a better cltl > rcn. even If therw Is a ; mortgage on It. Thwo Is a feeling of personal partneruhlp In the protection of property and the preservation of public order which makpi him stand for what Is best In la'.v and government. It Is the. best possible thlntr for his wife nnd cMl dren : best for him and best for the coun You can't cure 'conaumption but you can avoid It and cure every other form of tbroa or IIIDR ttoublo by the use of Oao tllnut Cough Curt , SI PltHMK COUUT 1MIOCKIIIX S. LINCOLN , Nov. 10 , lS97.-Court met pur- Bttant to adjournment. John V. Pearson nnd Klmer J , Nevlllo were ndmttted to practice. Maxwell ngntnst Grcffory , revived ns per stipulation , . ; S nn ngalnst Illtchey , dlBmls-eil ; Keller against McCord-llrndy company ; Trnynor against Morse ! Urudflcld ngalnst Sowell ; Chcston against Slinmp : Pearson against Undgcr Lumber company ; Rogers against Cndwallader ; National Life Inur- nnco company" against Butler : Lorenz against State ; Dohman against Chase and Schuyler Building nnd Loan association agalns : Ftilmcr , dismissed , unless appellants serve nnd file briefs In twenty days ; LeVy against Hro.Mi ; Sloman ngalnst Spcllman ; First National bank , Tobias , against ilc- Ohce ; Kittle against Mngruder , dlRmlsscd ! Hnynes against Buckley , afllrmcd ; Brown against Flnley , motion to rptax costs over ruled ; Lincoln Mortgage and Trust company iKidnst Htitcliliip , mo1 Ion to rubmlt on m.jr- ; s overruled ; Clark against Nebraska Na- lonnl b.ink ; Mlnzcr against Williams Mer- antllo company , and Newton nenlnst Burke two case ? ) , motions to advance overruled ; ntcrstato Savings nnd Loan association gainst Aulger , objections to Jurisdiction verruled ; Firs. National bank , Broken Bow , gainst DecSoup , dismissal vacated and cause elnstated , except ns to UeclousState ; ex el , Trcster against Leldlgti , ridvanccd ; llor- > ach ngaln. t Troup , mo'.lon to reduce super- edetis overruled ; Farmers' Mutual Insur ance company against Farmers' and ! Mor- hants' Insurance company , motion to con- olhl.Ue overruled } . Sml.h against Mev-ers , ehenrlng1 allowed ; Nebraska Land , Stock Jrowlng and Investment company against First National bank , Mlndoi ; Bennett against McDonald ; Manning against Con- icll ; Disbrow against McNIsh ; Om.ihtt isalnst Bowman ; Clemmons against llcelan ; Nebraska Wesleynn University against 'arkcr ; Balnl against Woodard ; Bail against teaumont ; Hlchardson against Po.ter , re- lenrliiirs denied , November 17 , 1S ! > 7. B , I' . Walker and Fred 3. Miuirer IACTB admitted to practice ; Wy- man against Williams , afllrmed as to ap- icllant Williams ; Becker against Bpckcr two cases ) , disml scd ; I nrtl y ts Inst dtate , lefemlaiit allowed till November 30 to Hie- briefs ; Oils against Knvnn , mci.lon to vacate ifllrmance > overruled , mandate ordered. November IS , ISi ) " . Balph H. Jettison and 7. H Gerhart were admitted to 'ir.ictlco ; lamlltoii against Athu ; Nebrus'/.n National > ank against 'Jell ; Dlxon County against laskell ( two case ? ) ; Randolph State Bank igulnst Trcds\ay ; Mutual Benea. Llfp In surance company against Hnlney , dismissed ; Court adjourned till December 7 , when thu "ollowliiK- cases will be called : Providence iVashlngton Insurance Company against BuckstafC ; Spring Garden Insuiaiice company against Buckstart ; Western \ssurnnco company against Buck- stalf ; Commercial Union Assurance company against BuckFtaff ; iillott inalnst Carter White Lead comcMtiy ; "ndeland against Slanllcld ; Shifer aRaln Vincent ; Harmon against Omaha ; Owens igatns rxeorlng ; Omaha & nepubllcan Val- t-y Halhoad company against Granko Sta't ' 'Ire Insurance con-pany ; Bachman ngalnst Celler ; Hebron Lodge , No. JO , Independent 5rder of Odd Fellows , against Garmlro ; tiulzuwelt against Watkins ; Haywood igalnst Marshall ; Weber again ? ! Whetstone ; Morris ajratnsJ Haas ; First National bank iKnlnst Farmers' and ilerchants' bank , I'lattoCenter . ; Cassells. iiRnlnst Hamblin ; Wldemnlr against WooNt-y ; Kbcrle nsalnht Berg ; McCormlck against McCormlck ; Par- rott against Sparling ; Xelmeyer Lumber company afrilnst Burlington & Missouri lver Railroad company ; Wager uaralnst iVaggoner ; Ho'fer against LanghorstjTaylor igalnst Gano.v ; SIckel against Bls.iop ; Ovr- nll against Uhllg ; Chlcajjo , Burlington & Julncy Railroad company against Pollard ; ? unk against Kansas Manufacturing com- iany ; Uroncweg against Rudd ; Go'dstad' ' ' igalust Stenberg ; Mills against State ; Bart- ey against State ; Lorenz against State ; stateex rcl , iMedland against Scott ; Mac- ailand against Wosi-sldo Improvement asso ciation ; Edney against Baum ; Spink against State , ex lei , School Dlstilct No. 1 , Hall county ; Thompson against Thompson ; Omaha & Republican Valley Railroad com pany against Crow ; Alter against Bank of Stockbam ; Lenze-n against Miller ; Chicago Burlington & Qulncy Railroad comuany against Kline ; Perkins ngulnsl. I'otts ; Wnr- ler against Williams : Glllick against WII- lams ; Trpster against Lcidlgh ; Gilbert against Marrow. Opinions were handed do > A-n in the foliow- ng cases. atuto ex. rel. , Blrkhauser against Moor.s. Quo warrunto. Writ denied. Norval J. One who seeks by quo wnrranto to'obtain possession of a public ofllce must show n better title than the Incumbent. 2. In a proceeding In the nature xf quo warranto broupht by u private person to determine the right to a publfp offlco the rclutor cannot assail the constitutional- ! ; of the statute under which the respondent claims to hold such olllco ns a basis for a udgment of ouster when the argument nii- luced by ivlator for declaring the law bad ippllcs with equal force as ngnlm > t the statute - ute under which he himself asserts title to the ofllce. 3. One wlio voluntarily abandons or sur- cnders a public ofllce to another will not afterwards be permitted to assert title hereto against such subsequent Incumbent Dovoy apalns.t City of'Plattsmouth. Kr- ror from Cass county. Reversed. Norval , It Is solely in actions against a cltv of the second class having more than 5.CCO iu- mbltants to recover damages rcsultlnc rrom negllgenco that thq filing with the oleik of such city the detailed statement required by the provisions of section 34 irticle 2 , chapter M , complied statutes Is i condition precedent to n recovery. 2. City of Lincoln npalnst Grant. 3S Nel ) . , iKj ; City of Lincoln against FInkle , 41 Nob. , Ji.i , and C ty of Hastings nRalnst Foxwor- thy , 43 Neb. , G7fi. dlstltmulshcd Buckley against Mason. Brror from Daw county. Reversed. Norval , J. An execution I sued by a county court , or lustlcp of a peace , Is returnable thirty days iftcr its receipt by the olllcer to whom the writ Is directed , and Hie statute is manda tory that the writ must be" returned within that time by the ofllrer , stating what IIP has dotip with It , whether the property lev- led upon ban been sold or not. 2. A sheriff or constable" has no authority to net under such an execution after the return day thereof. Fink against Daw son. Error from York county. Reversed. Norvan , J. Ordinarily ono who has been In the actual open , exclusive and uninterrupted posses sion of real estate for ten years thereby ac quires absolute title to the same. 2. In an action of ejectment under nn nn- swer denying plaintiff's title and right of possession to the premises , the defendant may show title In himself by adverse DOS- session. Walker apalnst Stephens. Krror from Frontier county. Afllrmed. Norval. J. In n personal action having but one de fendant , a summons ln.sued to n oounty other than the one In which the suit was brought and served upon him therein Is void and confers no jurisdiction over the person of the defendant , 2. When a void summons Is Issued' , nn- othcr writ may Issue without cither an or der of the court or the return of the Ilrtit "not summoned. " 3. The retu. > of a sheriff to a summons that he served the same by Ipavliu ; a copy at the usual place of residence of the de fendant , while not concluslvu IIH to resi dence. Is prlma facie evidence of such fact 4. W , , a slnple man , having a legal homo nmf domicile In I- ' , county , was arrested nt hlB resldf-nce for a felony committed In D county , to which county he was eonvcyei and committed to the jail thereof , pending tilul. Whllo thus Imprisoned he was HUIM In F. county and thn summons was servci liv leaving n copy nt his usual place of res Idpnce In said county. Hold that the > eour thereby acquired jurisdiction over the per P n of the defendant. Farmland Security Company against Nel son. Appeal from Dawes county. Reyersoi and lemanded. Harrison , J , A plea quoted In tho"body of the opinion conntriiod and held to state a defeiibo o usury In the Inception of n note , Hiussay against Lemp Browing' ' Company Krror from Douglas county. Judgment Harrison , J. "A plaintiff In an action of replevin , who had obtained possession of tha wro erty under the writ , cannot l > p. permitted , wltihou the coiiKnnt of defendant , to dlHinlns thn nc tlon " ( Garber lU'iilnnt Palmer , 17 Neb. . C1CJ. 3. In nn aetlon of replevin where the prop erty has not been taken uniter the M'rlt , or I taken , hns been returned to I ho defendant by reason of thn failure of the plaintiff to furnish the requisite bond , tno action "may propped ns ono for damages only ; " If thei Is In the nature of 11 personal action , nnd tin plaintiff may dismiss It us any other per Bonul mi'Ion. " \\Tien the proceedings of n Justice o the peuro nro taken on error to ttio dl trli ; court * * nnd the judgment of such Jus tire tihull bo reversed , or set aside , tht-cour shall render judBmc-ntlof reversal f uni the pnuso shall bo retained bv the court fo 'rial nnd final judgment as In cahcs , of up peal , " Section 001 , C'odo of Civil Procedure Klmo ngnlm-t Jesse. Acn > oal from Box Butte county. Judgment. Harrison , J. The proper nnd orderly course of uttac ! on n defective petition or answer under th nrovlslon of thn Cede of Civil Procedure I by imotlon to make morn definite nnd ecr tnln , to strike out | y or by demurrer as reni'1) the claimed deiect tmiy require ; bu under section 410 of nld code , which Is n fn'lows : "Where upon the i-tntOTcnts In th pleadlngii one. parly Is / > ntle ! ! < l by law t judeinrnt In bis favor , judgment nlmll bo n rendered bv Hie rotuv , though n verdict ha been found against such imrty , " A motlot for judgment on the plrudtntrs may bn Inter posHd b fore trial or at any time during th course of the pleadings , and If sustalne * and the pleading attacked Is open to the ob Jcctlons urg d against It , the ruling will no l > c reversed on I he ground that such a mo tion wns not proper or allowable. 2. A material alteration of a mortgage without the concent of the mortgagor rtn- era U void. ( Pereiiu ngulnst Frederick , 17 feb , Hi. ) 3. The matcrUl nherntlon of a mortgage y which It la avoided docs not avoid a note r evidence of ttw debt for the payment of hlch It Is the oeeurltv. Burr against Redhead , l-'rror from York ounty. Reversed nnd remanded. Harrl- on , J. During the course of n cale of ocrso'nnl ropcrty the vendor made statements In let- ers relative to the qualities nnd conditions f the property , which were positive afllr- mntlons of facts nnd not mere opinions , nnd vhlch , ere nccetited and rfllcd upon by the ondeo In making the contract of purchase f the property. Held to constitute n war- anty. 2. All dnmages'ln contemplation of uhe par ies to tha contract , w-which naturally may esult from a brench of a warranty accrue n favor of the pirtjt Injured by such breach. 3. What arc someflmes denominated conse- uentlal dnmagi-snniU' bp recoverable In nn ctlon for n brcniih-of a * arranty If they re certain and determinate In nature or mount or can be rendered so by evidence ml are also dlttctly attributable to tho' ireach of the contract as their cause. 1 The admlsnlonlot certain evidence examj ned nnd held erroneous. Farwell against Chicago , Rock Island & 'nclflc Railroad Company. Error from Lnn- aster county. Reversed nnd remanded , larrlson , J. If there nro no tiFslftnmcnts of error In thu motion for a new'trial ' of the giving of cer- nln Instructions , objections to puch lustruc- s will not be rtviewed In the supreme ourt. 2. In condemnatlon.procEcdlngs . kt appeared hat the real estate InvolvoJ consisted of ots so located In the city that th > cy Were nalnly suitable for residence purposes , and ' 'urtncr , they were lo-.v ground , nnd to make errt eiiil-ciy fit 10.res.ilen c 1-its" It would 10 necessary to nil them with eart''i to guide , leld , thnt the amount of expense which \ould neccsmrlly be Incurred In filling the ots to grade and thus fitting them for a isiftul inirnose was n proper subject of In quiry on the trial. Wlnqulst agnliiM. ' Shaeffpr. Krror from Phelps county. Atnrmed. Harrison , J. "A bill of exceptions In a cause tried In ho district court must be authenticated by ho certificate of the cleik of such court , o entitle t : to bo considered In the supreme court. " ( Kombcrg against Fokken , 17 Neb. , SS. followed ) Gibson against Hamilton. Appeal from Cass county. Reversed. Post , C. J. A purchaser of real estate Wio covenants o pay and satisfy n mortgage upon the iropsrty conveyed is personally liableto tup mortgagee In un nc Ion of fori-closuro for my deficiency rermilnlnor after the proceeds o' the mortgaged property shall have been exhausted. 2. After notice of such covenant and ns- cnt thereto by the mortgagee his right of ictlon thereon cannot be divested by a vol- trtitry reclslon thereof by the * contracting parties. Cole against Edwards. Error from Jeffer son county. Afllrmcd. Irvine , C. Where an olllcer levies writs of attach- nent oti the goc < Ui of a stranger the plaln- iffs In the nttaccinient cases will be liable n trcver jointly with thu otllccr , not only vften they directed the i.\rongful levy , but ilso whi-re they subsequently adopted or ratified Ills aets. 2. The plaintiff In an attachment suit has control of the writ and may require the re- pasa of the levy. Therefore , where the goods of a stranger have been levied upon , ind the plaintiff with knon ledge of thnt fact refuses on demand to release them , such re- usal constitutes a ratification of the wrong ful levy. 3. If In such case the plaintiff , wlti'i knowl edge of the true ownership of the goods , juys thcim at the sale and coin-era them to its own use , this , too , will constitute a rati fication , 4 If In such case the plaintiff , with kuo-.vl- edge of the true ownership , receives the pro ceeds of the sale , that fact will constitute a ratification. Bartlett against Robinson. Error from 3awes county. Afllrmed. Irvine , C. In an action for rent it is sulllclcnt to show a contract mJth plaintiff and a holding under ilm. Plain .Iff's title or right of possession a Immaterial. 2. To an action for rent upon a lease at will It Is no defense to phew that defendant was prevented from terminating the lease by eg.il proceedings to which ( plaintiff was not a party. iiryaut against Cunningham. Krror from Gngo county. Afllrmcd. Irvine , C. To authenticate a document attached to a record as the original bill of exceptions or a copy thereof , a certificate of the clerk of the rial court to that effect is indispensable. 2 Krror cannot be predicated upon the re fusal to. give requested instructionwhen hs whole substance has been given In other arts of the charge ; i ' McKinley-Lannlng Loan and Trust com- > any against Hamer. Appsal from Buffalo county. Afllrmed. [ Irvine. C. Purchasers at .judicial sales must take lotlce of the terms of the decree. Where that and an order of sale Issued In pursu- incd therefor dlffen the decree governs and t will not be presumed that bidders were misled or prevented from bidding by the variance. Hnmer against ! McKlnloy-Lnnnlng Loan ind Trust company. Krror from Buffalo county. Afllrmcd. Irvine , C. It Is within thei discretion of the district court to take testimony orally for the de- ermlnatlon of Issues of facts ailslng upon notions , and not u right ol either party o compel the adduction of such testimony , forval. J. . dlbsonts. 2. Held , that under the facts of this case : here was no abuse of discretion In refus- ng to hear oral testimony. 3 A deputy sheriff may act for his prin cipal In making a. foreclosure sale. Ne- irat-ka Loan and Building association against Marshall , 71 N. W. Rep. , 03 , fol- owed. 4. The failure to obtain certificates and Icduct encumbrances In appraising land for ho purpose of a foreclosure sale Is not prejudicial to the defendants , owners of the equity. La Flume against Jones , 5 Neb. , 237 , followed. 5 The omission of'tho word "north" after the number of the township , In describing and offered for sale under decree of fore closure , does not Invalidate the notice of sale where the description Is not thereby rendered ambiguous. Nebraska Land , Stock. Growing and "nvestment company against McKinley-Lannlng Loan and Trust com- mny , " 1 N. W. Rep 312. followed. G. Where Hens nro Improperly decreed to exist the remedy Is by modification or va cation of thu decree or appellate proceed ings , nnd not by resistance to the confirma tion of the pale , Culbertson Irrlgiillon and Wntrr Power compnhy against Cox , Krror from Hitch cock county. Reversed and remanded , llapnn , C. . , Where a petition declares for n balance duo upon n contract and the answer pleads payment nuch pica Is a material allegation of new matter within the meaning of sec tion 1M of the Code of Civil Procedure. 2. A reply must bo made to all the ma- tcral allegations of new matter contained In thp answer or they will be taken ns true , 3. Payment Is n matter of defense ; nnd In order to enable a parly to prove the same he must plend It , 4. A material allegation Is one essential to a claim or defense which cannot be stricken from thp pleading without leavng It insufllcltnt. Section 133 , Code of Civil Procedure , Hyde against Mlchclscn , Krror from Washington county. Afllrmed. Rngnn , C , If In nny proceeding pending In a court n Judgment Is actually pronounced or an order actually made ; nnd If for any reason mich Judgment or order Is not recorded , I i then at nny time afterward , upon i proper notice belli ; : given to the parties Interested nnd the facts being shown that 1 such Judgment was pronounced or such ! ' order made , thp court may cause such order or Judgment to be spread upon Its records j ' ns of the date It was pronounced or made. j ] Von Etten against Test , 08 N. W. 1033 , fol- I lowed. 2. The provisions of section 000 of the Cods of Civil Procedure nro not applicable to a motion for nn entry mine pro tune of a judgment or order , 3. A party to nn action cannot prevent die court from entering mine pro tune the Judgment pronounced by ltr by showing that some third person , not a party to said suit , has acquired nn Interest In the prop erty Involved In the litigation slnco the rendition of the JudpniPtH which It Is sought to 'uivo spread upon the records. Huffman against Kills. Krror from Yprk county. Reversed and remanded. Ragan C. In a justice court plaintiff's bill of particu lars contained two pauses of action. The Justice found > for the defendant as to the first cause of action and ndju Ipcd that ho go hence without day.and ng.llnst him on the second causa of ncilon and rendered a Judgment against him for $ . . , . The defend ant alone- appealed to U'le district court. Held (1) ( ) : That the Justice of the peace ren dered and couU render but one tlnal judg ment In the notion. (2) ) That the appeal brought up .lie whole ease. (3) ) That an answer which Interposed In the district court the finding and judgment of the. . justice of the peace on such first cause of action as a plea of rcsjudlcata was a mere nullity. Fross against Falgcttcr. Appeal from Dai ACS county. Reversed and dismissed. Ilnirnn C. Where a contractor agrees In writing wlt'v the owner of real estate to furnish the labor and material and erect therpon a building , and In payment for such services to accept a conveyance from such owner of certain real ertnte described In said contrac. such contractor Is not entitled to a lien on th4 real estate on whti-'i ho erects the Improve ment , In the- absence of fraud or a failure of the owner to make the conveyance prom ised. 2. In such case a subcontrac tor who has furnished labor or material to the con tractor for EUcfi Improvement cannot assert a lien against the owner's real estate. 3 The relationship between n contractor nnd an owner rests In contract , eocpress or Implied , but * there Is no privity of contract between the subcontractor nnd the owner. 4. Section 2 , article 1 , chapter 51 , compiled statutes , construed and IT-Id : (1) ( ) To con template a contract between the o'.uicr of real csta'.ia and the contractor In nnd bv wMch the former shall pay the latter money for erecting an Improvement upon such real estate. (2) ( ) That the effect of a subcontractor complying with such statute Is to garnlwi or Impound money owing vo him from the contractor In the hands of the owner. (3) ( ) That the statute then gives the subcon tractor a lien to secure the payment of the money so garnished. (4) ( ) That to entitle the subcontractor who has complied with the statute to a lien upon the owner's real estate tha ownt/r must be Indebted In money to the contractor and he must be Indebted In money . to the subcontractor and un'.ess these two facts exist 'the subcontractor Is not entitled to a Hen. B , Subcontractors are charged with notice of the ternw of the contract existing be tween the orvner and contractor , and when In such agreement the contractor stipulates for payment In something besides money subcontractors furnish him labor and ma terial at their peril. i 0. Though a subcontractor may be en titled to assort a lien against an owner's real estate , Tie Is not therefore entitled to a personal Judgment ; against the owner for the amount due him from the contractor. I EiEcly against Taggart. Error from Madi son county. Affirmed. Ryan C. A defendant cannot object that the de- ecrlptlon by which the contract sued upon was entered Into by plainiff ; is not a suffi ciently full description of such plaintiff ant of the capacity In which he brings his ac tion. 2. A plaintiff who , In his petition , has been sufficiently described In the title of the case need only be referred to as plaintiff In trte ssatement of the facts constituting his cause of action or in l.ls prayer for relief. "EURETfA , wo jfirtvo fotmcT itl" An absolute , permanent and kindly vegetable cure for thetobacco habit. DON'T ' STOP TOBACCO suddenly and rack the nerves take BACO-CURO it gently weans I You doa't ttop lobaeto. naro.Cura filopt foa t 50c. or 1 boxes , 3 boxes ( guaranteed cure ) (2.50. II your drugget does not sell it. we will : Eureka Chcm.Ss Mfff.CoLa Crossc , Wis. THAT THE FAC-SIMILE egelaUcPreparationfor As SIGNATURE similating tltc Food ntul Regula ting Hie Stomachs andBcwels of -OF- PromotesDigestlonChcciful- nessandltest.Contalns neither OpiumMorpliifte nor Mineral. IS ON THE OT NARC OTIC. WRAPPER OF EVEBY BOTTJLE OB1 ApcrfectRcmcdy for Constipa tion , SounStomach , Diarrhoea , Worms'.Convulsi'ons ' .Fcvcrish- CASTORIA ness andXossOFSLEEP. TacSuiule Signature of & frff &ZK NEW YORK , Oiilorli ii pnt up In one-elia bottles only , It ll not told la bulk , Don't ' allow anyoat to i ll. yca anything else on the plea or promU tUt it if "jnit 8J good" and "will answer eyery pnr pose.1' ' * > Bee that jqa get 0-A-S-T-O-E-I-A. EXACTcapy OF WRAPPER , ilall STll - tt ta HERE IS AN ANOffer A chance to secure a valuable addition to your library at very small expense IN PiervR.es Prepared in anticipation of the Centennial demonstrations to occur throughout Ireland dur ing next year. This work will be welcomed by all who con template a visit to the Emerald Isle during 1898 , and by tour-r ists who have visited the islander or who anticipate a journey to its beautiful and picturesque sections. To those who are familiar with the scenes em braced in this splendid series of photographs the views will possess particular interest. . MORE THA6\9 \ idufe The descriptive sketches ac companying these views were prepared by Hon. John OF CHICAGO. These illustrations are not con fined to any one locality in Ire land , but include every section of the Emerald Isle from Lif" ford to Bantry and from Dublin to Galway. The Round Towers , Vine Cov ered Abbeys , Crumbling Mon asteries , Shrines , Churches and Cemeteries , the Battle Fields and Eviction Scenes are all faithfully portrayed in this great word PART VIII NOW READY FOR DISTRIBUTION Bring 10 cents to The Bee of fice , either in Omaha or Coun cil Bluffs. Mailed to any address on receipt of 10 cents in coin ,
