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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Dec. 13, 1903)
THE OMAHA DAILY REE: SUNDAY, DECEMBER 13, 1903. k GOES AFTER ALL MORTGAGES Til OomminiouSf Fleming Imu Hot'ot ' for Hsldtrs to Coins to Tim. WILL FOLLOW OUT NEW REVENUE LAW Bstlaaatee 4kt Mortcaajrs lataseel r City ! te Tot mm Om. Half Millions mt Dellare. Notices advising aoroa l.SOO persons that mortgages amountlns to 12,500,000, hereto ' fora untaxed, will be placed on tha assess ' mint rolla (or 14, have been malld from tha office of Tax Commissioner Fleming. I'nlesa tha holders of tba mortgagee can how that tha Investment hava been can celled they vO be Included In tha personal property lists tubmiUed to the Board of equalization. Moat of the persona to whom tha notloea are addressed hava failed to I specify the Item of mortgage in their re- turn. In past years mortgage have not been taxed by tha municipality. While it waa permlaaabl under the old law the practice waa not followed. The new revenue law make It Incumbent upon tha aaeaor to aearch the county record for mortgage and to Insert them In the roll. ) Commissioner Fleming estimates that tha Cain is tha Omaha assessment for 104 by reason of the addition of mortgage will run from 11.600,000 to tt. 000,000. Mr. Fleming says be feels absolutely certain of hi (round In this procedure. Hals Rockefeller Tax. Tba assessment of the Standard Oil com- pany has been nearly doubled over that of last year, which was the highest In history. Standing at 131.000. After a long conference with General Manager Ruth It was decided to fix. a valuation of WiOOO, which accord' lngly was done. The Increase was not strongly objected to by representatives of th , Rockefeller company. John A. Scott, representing ths Ames estate of Boston,' conferred with the board regarding the taxation of the buildings burned and damaged by Allen Bros.' fire at Ninth and Jones streets It was decided to decrease the assessments on ths Improve menta from tM.000 to $50,000 on the three buildings affected. All of the Important schedules have been received by ths board, which will close Its sessions Monday night, although a brief meeting wilt be held Tuesday to formally end the sitting. The valuations were classi fied early and consideration began with the largest amounts. Only those of 11,000 and less remain. Ths banks wfll be accorded a - hearing Monday morning at o'clock. SUPREME COURT SYLLABI. Ths following opinion will be officially reported: l'l Ballne eounty against Qatw county. Error from Gage. Reversed and dismissed. Ames. C. Division No. 1. . 1. A county can become obligated to con tribute toward the iMnMM of bulldin a bridge over a stream upon a boundary Tine between Itself and another county either by entering In the first Instance Into a joint conir.iot for the construction of such oridge in the manner prescribed by stat ute or by subsequently ratifying a contract for that DurDose. I. When the county boards of adjoining counties have attempted to enter Into a Joint contrsct for the purpoee above men tioned, but by reason of the neglect of requisite forma me one or sum counties falls of becomlnr obligated thereby, and the other. In rood faith nnd pursuant to the contract, rul'ds and ray for the bridge, the former rosy ratify and confirm the contract by the allowanc-, In behalf of tne latter, or a ciaim tor one-nan tne contract price of the structure, end a ta. ? flayer cannot defeat or annul such ratifies. ' tlon by appea'lng from the order of allow- ance. 11751. Marvel against Msrvel. Error from Hamilton. Affirmed. Duffle, C. Division No. a. 1. A parol agreement made atthe tlms of executing a conveyance nf real estate that the grantee shall hold the property In trust for the grantor end when sold psy the proceeds to him. the conv. yance not belnr obtslned by fraud or undue Influence. Is void as an attempt to create -i express tmt In real estate by parol, and the land and the money for which It la sold belong to tne grantee. t. The evidence br which a contract shall be proved Is no part of the contract Itself : and Is governed therefore by the lex fort . and not bv the lex loci cintractua. 1234:'. Vila, against Grind Island Electric - ll-nt. ice and cold storage company. Ap ' rx-al from fall. Former Judgment adhered , in. Ho'.comb, J. 1. Tha qutton of whether a petition atitea a cuie of action or dlsclirei grounda sufficient for the rran'lna of enuttable - Ilef may be isl ed at any atari" of the proceeding; In the appellate court up to and Including the filing of a motion for a rehearing. V 2. A prayer for general equitable relief coupiea wun mat or one lor specino re . lief cannot be extended so as to warrant the a-rantlne of re!tf nnt embraced within and comprehended by the allegations of fact contained in tne pieaamg, t. The appointment of a receiver In an equliabla sctlon Is ordinarily sn ancillary cl.'.entai to the main object or purpose of . the suit. 4. Eave In certain classes of suits In ' equity which constitute well recognised exception, the Jurisdiction of courts of equity does not warrant the appointment or a receiver to take charge or and admin I later the Property and business of a cor p.jratlon in an Independent action where tnat Is tne main ooject and purpose or tri Stilt and the sole and only rel'e asked for ' t. Jvtltidn In the case at bar examined. oonetrued and held defective In eubstanre 'and Insufficient to support the orders o .the court suDolntlng a receiver to tak' charts of and sequestrate the property and buvine of the defendant corporation, di recting a aale thereof, and the confirmation ef tha sale made under such orders, is. In tha absence of statutory suthorlty courts of equity do not possess Jurisdiction over corporate nod lee to the extent or, on the application of private parties, appoint tng a receiver, sequestrating the propert and business and selling the same throug ths Instrumentality of such receiver, sn f herhv.m-iwt tin the affair,, atmI tAfmliiat the business and Indirectly dissolve the cor pre tlon. T. The former Judrment of reversal In Vila et al. against Oram! island fciectn Light, Ice and Cold Storage company e m .. H N. W. Ren. IX. adhered to . LTTua. I.an county acalnst McKlnley Lanntng C & T. company. Appeal, Lo- gaa. ABHrmed. Molcomb J. 1. In an action broutfht In th district court bv a county to foreclose a tax He on real eatat for dellnauent taxes, the determination of the question whether or not tne county could, under tne statute, maintain such action, without an ante cedent administrative sale by the county treasurer and the Issuance to the county . of s tax sale certificate as a basis for such nroceedinrs. roes to the existence nf cauxe of action, and not to the Jurisdiction of the court. I. A decree rendered In a foreclosure proceeding for the sale of real estate to satisfy a tax Hen, barring the equity of redemption nf the owner of auch property. la an adjudication of that o.ieition wnic cannot be Inquired Into on objections to confirmation of sale on the ground mat ths owner had not been given ths time to redeem allowed by law. t Where the district court has Jurisdic tion of the subject of ths action and of the parties In a f :" si.3-ur proceeding, ques tions which street the regularity of the decree are concluded thereby. Such a de cree cannot be assailed for any mere Ir regularity upon a motion to set sslde a aale made In pursuance of such decree. 4. Where decree In foreclosure pro ceedings by Its terms erroneously denies to the owner of the equity of redemntlon the time to redeem from sals which al lowed by law, Ma remedy Is bv a direct nroceedirwrs to obtain a reversal or tno'l flcatlon of ths decree, and not bv an Indi rect attack thereon, by ohjectlnc to the confirmation of sals made In pursuance of the decre because of sich rror. 1S"71. OeMah sad Scottish American Mori race Isveetm-nt eomoany arlnt OI"be lan and Trut eomnsnv. Bre-v from rur'aa. Affirmed. Albert, C. ri-v-in No t I. A note was then signed: "01oe Tvat -' Trii' -H . n.Hi Pre-dt " "W. B. Tav'or a-e'v." HtC. that th not OS Its faee hsra nt ne-eonal liabil ity "n tha part of Derrei or T-vl-r. Hv"e aga'wtt lf-i-fnrd Klrej la Sirnc company. Apnet tott tncastor. Afnr-ed. rune. P. IWvt-4on Ko. t. 1. Where the owner ef rat aate Nn4 tlrrsel' In a mrtsare eseted theron mtg th premise Insured for the pevteo- a f.iEnny ciiristhas ! SS.00 DOWS3 These Terms to Everybody. ONE DOLLAR wiLl bring a Genuine Edison Phonograph OR AN IMPROVED Victor Talking Machine To Your Home This Special Offer Only During This Month. Sousq's Band, Vlotor Herbert's Band, Hoyal Italian Band and AXany Othor Bands and Grand Opera in Your Own Parlors, ONE DOLLAR DOWN AND ONE DOLLAR PER WEEK NO MORE SCRATCHING I fSPiG! AL SflLl IF S20 WSBCBSB T I Jsl,llJ'Hlaf if' h NO TOY. but an instrument that Is both en tertaining and Instructive. THE QREATEST WONDER OP THE. AQE. A great opportun ity to get a Christmas gift on our EASY, PAY MENT PLAN. THEY SING AND PLAY "Just like the original." 40,093 RECORDS to select from. First come first served, sa don't put It off. Come in arid make your selection and we will deliver when you desire. Credit to everybody. ONE DOLLAR DOWN AND ONE DOLLAR PER V7EE;( BUY NOW-PAY LATER. Can You Afford to Miss This Opportunity? NEW RECORDS FOR DECEMBER NOW READY Nebraska Cycle Co. Phone 1663. GEO. C. MICKEL, Manager. 334 Broadway, Council Bluffs. Phone B6I8. Cor. 15th and Harney Sts, 512 North 24th St.. South Omaha. Phone 4365. Nothing is more appreciated or more suitable as an Xinn gift than a handsome piece of Furniture, a nice Hug or a beautiful pair of curtains. CAK1I Oil CKEIUT. Select your poods nov, while the stock is at its best, PAY FOK THEM LATEH. Credit to All. Eosy Payments. I We will lay aside foods eelecteJ now anl deliver later. MORRIS CHAIRS Solid o&lc frame, fancy velour rererslbte cmblon, back ad justable to any position, nothing more comfortable, on tato C Cf as low a t.Ou LADIES' DESKS In oalc or mahogany finlah. notbinn better a a gift, wa have tbem (L Cft a low as 3JJ CENTER TABLES Solid quarter sawed ry OCT oik, pollihen, a most acceptable gift smsOO K--..--i Chritiiiuus tfifts, we hare unandless variety, all styles linisUes aod pt icer, some as low as CHILD' 5 ROCKERS We wry a large line, In cane or wood seat, also In AQ reed, on sale upward! from... VOW PARLOR LAnPS A large line to select from, r g" rv up from. ... , AstOU RUQS 9x11 tapestry rugs in choice color and designs, i.85 msmm uu xii tapestry rugs in cnoice ooior ana assigns, 4 s- e t lOsOU 1.98 LACE CURTAINS Nottingham lace curtains, new effects, worth 14.50, Monday M "hsW4jbm: I iltiV. A' at -1 ! at BIG MILLINERY SALE 25c I lnllTlle! choice of any of our These hats must ba sold en ihla Mnnria to make room for holiday fura. It will pay you to lnveatlaate. Another Great Special Sale of COATS in Our Cloak Department. 8ENSIBLE XMAS GIFTS. CASH OR CREDIT. tX .00 JACKET FOR $10.00-Thls price fives i Montenao cloths, lined with hfavy satin, you the choice of a bis; sssortment of beau- R"u that have the style of those costing tlful Coats. 80 to M Inches long, made XrLtn MYIblllx a1H from the finest .11 wool kersey and 11 mad. . ' 41U 200 STYLISH SUITS, Worth up to $25.00 and $30.00, at $15.00 AH clever suits In cheviots and Scotch I shoulder capes, wonderful en a tweed effects, long coat styles, lined with value for the money- R1 EC htavy taffeta silks, large sleeves and I Monday kO 1 J 15.00 Walking 8klrt for $3.85. 110.00 SATIN LINED KERSEY COATS ' H 00 Great Holiday Sale of Furs Fable or Isabella Fox Blngls Bkln Scarf I Double Sable and Isabella Scarfi Flntahed with two large natural brushes, ' Sricld " 3 0(Our 6 00, .0U, SB.N, UO.W, Ki-i Up to JlSaS.OU -Same S15 Tanscioia s genuine Sable Wolf very finest, valued at taO.OO arsA Our price iply $10.00 Isabella Fur Scarfs, tf.ii Ladies' Dressing Sacques SO dozen flannel ette sacques, kimo na atyle braid, trimmed with yoke, regular price 65c, special sale price, 1 39c 'SS3F PARNAM 5TOEET5. OMAItA (TUB PEOPLB'S rVRHITCBB AMD CA UPBT CO.) $2.50 WAISTS TOR ?1.45 Made from extra fine all wool casslmer. full blouse front, pleated anJ trimmed large pttff cuffs. Shown In black, cream, light blue and royal, red. Special, this sale, " $1.45 tectlon and Indemnity of .the mortgagee, such mortgagee will have an equitable lien upon the money due on a policy taken out by the mortgagor although the policy may run to the mortgagor alone. ' t Where a mortgagee assigns a mortgage containing a covenant on the part of tne mortgagor to keep the premises Insured aa furtner security, and sgreelng that the ; mortgJg?e may procure auch Insurance If ine mortgagor tans to ao so, ana in mi assignment guarantees the payment of the mortgage Indebtedness, and thereafter such assignor of the mortgage becomes the owner of the mortgaged premises and takes out Insurance thereon In his own iitme to the full amount of the Insurable Interest of the mortgaged property, and a loss occurs while Ms liability as guarantor of the mortgaged debt is still In full force, the then owner of the morticage will have sn equitable lien on the proceeds of the policy to the extent of his Interest in the property destroyed by the fire. I. The fact that the statute of limitation had barred a personal action against the assignor on his guarantee of payment when suit, was commenced by the assignee to establish her claim to the proceeds of the policy, docs not In any manner release or Impair her equitable lien upon such pro ceeds. 132JS. South Omaha against O'Rourk. Error from Douglas. Reversed snd re manded. 'Hasting. C. Plvlalon No. 1. 1. Kor purposes of taxation and revenue, a precinct actually formed and organized will be deemed a de facto organization whether the meeting of the county com missioners st which it was made was law fully adjourned and held or not. t. Where a nreclnct aa formed embraced four wards of a city, each of which was by statute made a precinct for taxing pur poses, an assessor elected for snd exer cising his office In all four of them, with out objection and "with the acquiescence of the people, is a de facto assessor in each ward. I. City taxes paid under protest are not recoverable because based upon sn sssess ment mad by such a de facto assessor who was acting for all four wards. 13211 Jetter et al against Lyon. Error from Burt. Affirmed. Barnes, C. Division No. t. 1. Proof of helrshlD is not confined to the records of the probate court slone. but may ie estaniianed by the testimony of any ons who knows the facts constituting such rela tion. 2. A condition In a deed conveying real estate, by which it la provided, "that no malt, spirituous or vinous liquors shall be kept nor disposed of on the premises con veyed, snd that any violation of this con dition, either by the grantee or any person claiming rights under him or her, shall render the conveyance void and cause the premises to revert to the gxsntor. his heirs snd assigns." la a valid condition subse quent which, until broken, runs with ths lund. t On breach of such condition the gran tor, if living, or If dead his heirs, may claim a reversion of the estate snd can maintain sn action In ejectment to recover It. 4. Record examined and held that such light had not been waived by either ths grantor or the plaintiffs. UaO. Oelke against Shelf. Error from Otoe. Attlrmed. Ames, C. Division No. L 1. A verdict of a Jury- from conflicting evidence will not be disturbed In this court because of being against the weight of evi dence, and the weight and credibility of testimony is for their determination ex clusively. I The fact that a promissory note was found In the possession of the payee at the time of his death Is evidence that he had not made a present of it to the maker. g. It la not error for the court to instruct a Jury aa to th legal algnlfti'ance of un contradicted evidence or admitted facts. K7J-' - Albers aralnsi Koseluh. Appeal from Lsncastrr. Former Judgment adhered to. Rarnes. C. Division No. J- 1. An affidavit for service of summons by publication which contains no venue snd does not disclose the county of which the official before whom it purports to have been sworn is an onVer. is void on lis face and confers no Jurisdiction on the court to render a decree of foreclosure against non resident defendants. I Burn void affidavit cannot be 'cured cr made valid by resorting to extrinsic evi dence when the validity of the decree ren dered thereon Is assailed. I. The ststute of limitations, ss to ad verse possession, does not run against per sons while under disability, such aa minors, and an. action brought to recover an Inter est in real estate within ten years after they arrive st ths sge of "majority is com menced in time. 4. Former Judgment in this case adhered to. M N. W. Hep.. 1:1. lT!vl. Mann against Oerman-American. Investment, company. Appeal, Ad a me. Or der district court vacated; action dlamlssed. Olanvllle, a Division No. t 1. The holder of a contract purporting U be for the purchase and eale of a dia mond, issued by what is commonly cillei a tontine company, is wot a stockholder In such compsny, and cannot secure the ap pointment of a receiver for such company because of the mismanagement of its af fairs by Its officers. 1 To the holder of such a contrsct who has nnt rdu.-ed bis claim to Judgment, and who has no Urn upon the property of the nompany, has ne standing in a court of equity La aa actioa to sequester or Lav- pound The assets of such company. S. Whether the holder of such a contract can have "clean hands," aa required of one who seeks the aid of a court of equity, quaere? . .. ' , . i-An erder of the district court appoint ing a receiver for a corporation In an ac tion wherein such relief Is the only relief sought, will be vacated for want of au thority in sucn court to m in , . a. A prsyer xor' gencrwi inrei, ivvi wun on, iui vuc -Ki" ......... ' only will not be considered ss a prayer lor reiier oiner iutn , unless the petition states a good cause of action for other relief. - 128U7. School District Omaha against Mo Donald. Error, Douglas. Motion ovsrmled. buiuvan, c j . , . : . , 1. If a correct conclusion has Been . a 1 nr. ., I'm ff PMMn. rcacnea, even u? -..-, . - , . Ing, the unsuccessful party is not entitled to a renearins. , h li4. Russel sgalnst McCarthy. Apreal, . , . . i . i V. f . TXvLInn Moll. Amrmetr. ivii ayuum Where, in foreclosure proceedings in stituted by a county for the purpose of en forcing Itstllen for taxes against real es tate. It appears that no sale for such taxes has been made by the county treasurer in the manner provided by law, a decree en tered In favor of the eounty, while er roneous. Is not void, and if unappealed from will be sufficient to divest the owner of his title. . j. Pleadings examined and held sufficient to sustain the Judgment of the trial court. 1"94 Wistover at Co. against Van Doren Iron Works Co. Error from Lancaster. Judgment. Barnes, C. Sedgwick. J., dla- ."Vhe. provisions of the code relating to amendments should bo liberally construed, but one cannot mend an affidavit in at tachment so as to stste a csuse of action din. rent ftom that stated in the original sffldavlt on which the writ was issued. 2 The statute provides that In an action tried by a Justice of the peace, where the defendant haa been arrested, or his Prop ertv attached, the Justice shsll render Judgment Immediately on the conclusion of the trial; by taking such a case under advisement by consent of psrtles to a futurs day, in order to examine the evi dence and briefs filed therein, the Justice does not lose Jurisdiction to render Judg- n,nVhere. on a petition In error, the district court reverses a Judgment of a Justice of the peace. It should not dismiss the caso, but must set It down for trial, as provided In section ??1 of the civil code. 1SA Lincoln Traction Company against Moore. Error, from Incaster. Reversed. Barnes, C. Division No. t. 1 Questions not presented to the trial court by the motion for new trial and which are not mentioned In the petition in error, cannot be considered by this Ct.'rin sn sctlon for personal Injuries due to "the frightening of plaintiff s team by the alleged negligent operation of a street car In running the same carelessly and negligently st a high rate of sped and where It appeared from the testimony of all of the witnesses that the car was go ing slowly, that the motorman slowed It rir wn and stopped it aa soora, ss he sSw that the team was becoming frightened, no inference of negligence arises snd a Judgment for plaintiff will be reversed fur want of idanee to sustain It. UliJ. Scheie sgalnst Scheick. Appeal from Buffalo counlv. Reversed with Inst Hastings C. Department No. 1. Unreported. 1. Evidence found to contain nothing to support a finding that defendant at the time of alleged violations of inatcrisl duty was not accountable for her actions by reason of mental weakness. 11ST7. State ex rel Young against Royse. Error from Custer. Affirmed. Oldham, C, Department No. t Unreported. j city authorities will not be required by mandamus to levy tax for watsr aurply In excess of limit on such tax existing at time of contract. State against Wahoo, CI Nb. j. foie'wed snd approved. 1J14S. Ametlcan Order of Protection against Kianlev. Error from Valley. Af firmed. Glanvllle. C, Department No. t lSia. Harnett against Holdregs. Error fn.m Dougias county. Affirmed Barnes. C, Sullivan C. J. (concurring. Unreported. 1. An snswer which is not attacked by demurrer or otherwise, as faulty, defective or insufficient, and to which no objection Is made until the defendant offers his evi dence on the trial, will be liberally construed- and If. under thla rule, it can b. said to state a defense it will be sustained, and thereafter treattd as sufficient for sll P tlesdlngs examined, snd held, thst tha answers of eaeto of the defendants sre suf ficient to state a defeat to th plaintiff's petition. a. Writing th words "For value received we hereby guarantee th payment of the within note, and waive presentment for payment, demand and notice of protest." 1-4 t l 1.1 w. Ik. haw-W Dt a promissory note is a material altera tion Of tne IISDiiuy or ine inaoraer. ana, if done without bis knowledge or consent, releases him from his obiliraUun as sucb. 4. W riting ths words "This note to be ex changed for oonso'ldated nortise bonds of Nebraska snd Northwestern Inigsttoa Company whea iaued at ." acroea the (so ttt a promissory awU alts tt ttaa been Sii sbi wm wmsm Rii RBI ill hp IK f I m m mi Our customers are entitled to a full understanding of the Trading Stamp WAR that is now on In this city. The idea of a cash discount to cash buyers is a settled business principle that has long been recognized in WHOLESALE business circles. It is only fair and just that the RETAIL buyer who pays CASII should likewise nave a discount that should not be given to the retail buyer who buys ON CREDIT. It is this idea that we propose to introduce into Omaha merchandising. We are running a cash business and we propose that our cash buyers shall have the benefit of their cash discount with us whether others are willing to give such discount or not OUR WORD IS GOOD. In seeking to put this idea into practice we made arrangements with the SPERRY & IIUT CIIINSON CO. to give their Trading Stamps in Omaha. We did not contract with them until we had thoroughly investigated their standing and tht?ir business methods and satisfied ourselves that through their system we could give to our customers the LARGEST MEASURE OF RE WARD FOR THEIR CASH TRADE. Accordingly we entered into a contract with the Sperry & Hutchinson Co. in good faith, AND OUR WORD IS GOOD. Shortly after this we were visited by a delegation informing us that the Trading Stamp Co. would-not be allowed to do business in Omaha. We assured this committee that we had pledged our co-operation to the Trading Stamp Co. and in this OUR WORD IS GOOD. NEXT, the Business Men Association appointed a committee, who employed a man to call on the retailers of the city and to pledge them against giving Green Trading Stamps. The chair man of this committee had himself been giving premium coupons in his own shoe business for a number of years and is doine so today. Evidently he thinks that what is good for him is not good for his competitors. BUT OUR WORD IS'gOOD. NEXT. th Coniinercinl Cltih, in solpnin session, resolved thut Trading- Stamps were pernicious and shonld not be allowed to circulate In Omaha. By this time we had promlswl Trading Stamp opening dny and we opened. OCIt word is noon. , NEXT, the retail procers were calli'd ttlier In secret eonclnve. and by unanimous Tote decreed that Trading Stamps must po, but Trading Stamps will not go. and OUR WORD IS GOOD. NEXT .the Retail Orwers Asuoclntlon presented an ultimatum to the proeery Jobbers of Omaha In r-blch It wna decreed that the .obls?rs of Omaha xhould not sell to any firm giving Trading Stamps except for cash, and should not deliver to such flrms except at their own platforms. The Wholesale Grocers deliberated, consulted with us. and asked tia If we could not give up Trading Stamps. We told thetn "Xo. our customers have our promise, AND OUR WORD IS GOOD." . . But Isn't It funny that these "2 by 4" retailers should demand that this big house should Incur the enormous dls edvantage of buying for cash? Why, bl ess their poor hearts! that Is Just the reason we beat them all out We buy more goods for cash than any dozen of them put together. We are running twenty delivery wagons on the street erery dny. and hare more waeons hauling goods Into our store erery day than all of them put together. This is the bl-rget grocery store west of Chicago. We sell more groceries In two weeks than our entire grocery stock will Invoice. That Is why Bennett's goods are always fresh and pure. Our trade la the most desirable grocery trade In the reach of the Omaha or-ny. other Jobbers. That's why the Slonx City Jobbers have put In a resident salesman here today and are goinc to put In a ware house. That's why the Chicago Jobber tells us to telegraph at Ms expense and ewry order will be sent rush and the freltrht will be taken care of. We sell today OXE-FIFTII OF ALU THE GROCERIES SOLD AT RETAIL IX OMATIA and before this Trad ing Stamp war Is over we will sell one-half. If the capacity of our building will let the people In. THE TRADING STAMP WAR IX OMAHA IS ON. andwe beg hereby to notify the Retail Grocers Association that the Bennett Com pany will continue to run its own business in Its own way, and the first lesson that we want them to learn is that OUR WORD IS GOOD. Trading Stamps With All Purchases at Bennett's ml mm :PiPh : Ldj Ja mi aiW 1 -a- LJk aWaStaSssasaBsvsaaAriL JMiMaasSjsasSVslsa JsssaaaassaaaSm 1 hi m sail 1 r 1 isj nisi si - I isj r ymrrwrna . uiis i $sm mmm ) I4i-Tpl l'CLn4SH) !t.-nUi-l it kw rcst? . m u kieeeju utitji iss3 its m il frasal ffessal fell I .nrtf tl'hl wmniiM li:- rngsggSl iyM7 Indorsed In blank without ths knowledge or content ot the tndnrsers, is a material ehacge ft tha note, and releases such in do leers from any llibliity thereon. 6. A blink ivdo-ser ff a proTla-ry notj payable to the order of the maker thereof, wiilch la In or-Ki by auch onaVer and after wards is de Ivered to a third person as payee, in sbaenoe of any special acreement to the contrary, .lieoomes liable thereon ss Second ndorsr snd will not be held U bo S Joint maker ef the note. . Kuch a aote creates no obligation or liability as l aa oaa until ll is put la circulation by delivery to a third person aa payee, and. although the payee endorsee the note first, one who writes his name In blank on the back thereof before de livery, assumes the I abl Ity of an accom modation indorse! only. T. Kecord exr mined, and held, that It contains no reversible error In tba adinis- ! siou or execution of evidence. I S. The indorser of a promissory note on I which suit has b- en brought by the repre. : sentatlve of a dereaaed person. Is a compe tent wltneaa la his ows beaaif, aod may testify aa to ths eondltloo of tha note when it waa indorsed by him. t. Such a wiwesa may testify as to any matter which doea not Involve a personal transaction or conversation between him self and ths deceased person. iu. one ia not leccver as for money lotned. on a petition which charade the defendants with no other llabl.lty than that of indorses of a promissory nots. 11 Assignments of error not argued orally or In the plaintiffs brief, will be oornduied waived. UM. I re appiioatiaa at Wan. M. Camp- tloa for a writ of habeas corpus. Orl inal writ denied. Albert. C. l vision H 1 I'areported. . 1. la a bastardy proceeding, a com pi ill in which It is stated that the cnmplatna ie an unmarried woman, residing in tl county where the romtdilnt was cled, si that on a certain day Immediately preie Ing 't. riling, she was dellverei of a bastaj child, and that tlie ao-uaid is Its fatlia la sufficient to sut,ln a terJIct of g Hit' and a Judgment thereon when asaalUd ft the first time in the api'-llaie court. Wn towing Cami'lan against La.lraer No. 1J1