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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (May 12, 1906)
TIIE OMAHA DAILY BEE: SATURDAY, MAY 12. IDOfi. it a n rrr, nay You will miss the greatest opportunity of the voht to purchase your summer outfit at a low price if you lo not attend BERGER'S SATURDAY BARGAIN SALE. SUITS!. SUITS! You can almost name your own price on any of our Spring Suits. $75.00 and $65.00 Suits tor $45.00 Suits (Eton and pony coral) $20.00 Suits, Etons, in novelty mixtures SPECIAL 200 Sample Wash $17.50, Saturday at... 'i 15.00 Black Silk Eton Jackets 1 in H Tor.. Ul fW" Tllafl- Silt Pinn .Tnr.b-r.ta for .0.OU $10.00 Skirts special assortment all colors J QQ ii H All Silk Taffeta Petticoats-$8.00 values-for j lil WAIST! WAISTS! Greatly reduced values Saturday in "Waists at 98c,' $1.48, $1.98, $2.48 and $2.98. $10.00 Net Waists, diamond lace yoke $5.48 S. Fredrick Berger & Co. The Nw Cloak Ohop. 3 C 1 c NOTES OX OMAHA SOCIETY. Mrs. Arthur English gave, a pretty lunch con Thursday at her noma, followed tor bridge. Marguerites and ferna carried out a color schema of white and green in the decoration of the table and covers were laid ror Mrs. J. B. Bahm, Mrs. H. L. Whitney, Mrs. C. K. Urquhart, Mrs. George Kelloy, Mrs. Jay P. Foster, Mrs. Fred Pearca, Mrs. Frank Boyd, Mra. 3. H. Conrad, Mrs. W. P. Mlkesell, Mrs. W. E. Palmatler, Mrs. H. C. Brome and the hostess. Mrs. Ward Burgess entertained a lunch eon party of twelve covers Thursday at . li r home, followed by an afternoon at bridge. In honor of Mrs. Louis Jaques of Chicago, Mrs. A. J. Beaton gave one of the pretty bridge parties of the week Thursday after noon at her home on South Twenty-sixth street. The rooms were charmingly trimmed with spring flowers. There were twelve tablea used for the game, the score cards being Japanese. The high scores were made by Miss Faith Potter, Mrs. Charles Martin and Miss Laura Congdon. The members of the Marchionette Ken sington club were guests of their husbands at dinner at the Commercial club, followed by a theater part at the Burwood, Mon day evening. There were twenty members of the party. Complimentary to her guest, MIhb Couch of Los Angeles, Mrs. Updike gave aV very pretty luncheon at the Commercial club Thursday, followed by a matinea party at the Burwood. Mrs. Updike's guests j wure: Miss Couch, Mrs. Judson, Mrs. Frar.k Judson, Mrs. E. Vpdlke, Miss Lucie 1'pdlke, Mrs. Byron Smith, Mrs. N. B. Updike snd Mrs. William Tetter. Miss Mohler will entertain at luncheon at her home Saturday. The members of the Charmonte club were guests of Miss Daisy Rogers at Thursday aftet noon's meeting, twenty-one members being present. The prises of the after noon were won by Miss Hallie Paterson 1 and Mrs. O. W. Manchester. Miss Patter son will entertalri the club at its negt meeting. Mra. C. W. Hull entertained at luncheon Thursday complimentary to Miss Cory of :Dener, who Is the gue-t of Mrs. H. K. Daldrlge. A reception was tendered Rev. and Mrs. Kdwln Hart Jenks by the members of the pastor's congregation at his home, 410 p.orth Twenty-second street, Thursday afternoon from t to I o'clock and from to 10 o'clock in the evening. All through . the hours for the reception there was al must a continual stream of people Into ta Jenks' home, and the houss was crowded to Its utmost cspaclty by the num , bers seeking admission to welcome the re turning family. The women of the con gregation who assisted at serving were Meadaniea Merriam, Henry, Dempster. Tewnsend. Hlt'ks, dibbs. Smith, Mllroy, Powers, Sarson. Bradley, Marshall and Iowrle. The young women were Misses Alice Carey McOrew, Margaret Kennedy, Eloulse Jenks, Nina Crlss, Bessie Hk'ke, IannJ Adams. Ivabelle Mllroy, Elsie John son, Beulah Evans, Tinkler, Cahill, L'owrie atut Merrtam. Meedarnea Offu,tt, Carrier, Wllhelm and Howard Kennedy, Jr., had (barge of the dining room. Mlsa Alice Montgomery has returned Dniilap Straw Hate AJKB John D. Stetson Straw Hats saw tmusiYELY ir B. EDWARD ZEISS C. H. FREDRICK CO. 1304 Farnam St.. Omaha. wpms 24.98 17.50 .8.48 .9.88 jackets, Suits, worth JAU arn frUar-a ft ft ft 3.98 1517 Farnam Gt. c 3 C from the east and has apartmenta at 1567 Farnam street. Mrs. Walter Bllxt has returned from a five weeks' visit with her sister, Mrs. Mollis of Detroit. Mrs. C. B. Coon has returned from Lin coln, where she attended the wedding of a niece. Mrs. Mux Berkenroad gave a matinee party at the Orpheum Thursday afternoon to her guest, being a party of young girls. They were: Misses Gladys Viet, Lily Bam uelson, Marie Laoy, Corlnne Ettinger, Marie O'Brien, Angela Hertsberg and Helen O'Brien. A very pretty home wedding was solemn ised Wednesday evening at t o'clock at the residence of Mrs. Payne, 92S North Twenty seventh street, that of Miss Laura 8. Orimm and Mr. Charlea A. Lund of Duluth, Minn., Rev. William Gorat officiating. There were about twenty relativea and friends present. Mr. and Mrs. Lund will make their home in Omaha. CROW SURVEY NOW COMPLETE Iadlaa Land te Be Threw Ofea for grttlemeat is Mapped Oat. Commissioner General Richards of the land department of the United States has announced the survey of the Crow Indian reservation In Montana Is complete. A por tion of this land will be allotted to the Indians, after which the unallotted por tion will be disposed of under the home stead, mineral and townslte laws by proc lamation of the president. The examina tion In the field is complete and plats are being prepared for the approval of the de partment. MAN HAS TOO MANY GARMENTS Cltlsea with Mnrtcri Pairs of Over alls and lz Shirts Is Asked ta Espials. The police are holding nineteen pairs of new overalls, six black shirts and seven Jumpers for a claimant. The articles were found in a satchel carried by Harry Sulli van, who was arrested Thursday by De tective Savage on suspicion. As Sullivan could not give a satisfactory account of himself or the garments ha la being held for Investigation. WOODMEN HELP THE HELPLESS less Money ta the lilrrrn at Saa Fraaelsco aad Bellevae, Texas. The executive council of the Woodmen of the World, which is in session In Omaha, has raised 15,000 for the relief of the Cali fornia sufferers and will get more. Friday 2.000 was sent to San Francisco. The coun cil is also collecting money for the destitute people of Bellevue. which was struck by a tornado. The sum of $150 was sent today, and l-ixi waa sent last week. argeaa la Haapttal. Police Surgeon C. L. Wills went to the Omuha General hospital Wednesday even ing in order to secure letter treatment for the ci.ne of septic poisoning which lie had the nil-fortune to contract iu the fore finger of the left hand alKMH two weeks ago. While he hua aiu-reeded in checking the spread of the Infection, so but a small portion of the member Is effected, alarm because of the failure of the disease to how any great improvement caused him to go to the hospital. SUPREME COURT SYLLABI IJ. Fremont. F.lklmrn Missouri al-)-) ttailroati t'ompany against baglihtd. i.. ror, limt. On i em-tiring, tormer opinion iimdinea. lotion, J. I. t in re-examl!iailnu of the question, the aixia ragrapn ol the syllabus to the toinvi nohtion Is dlsapprovcu ami former opinion mndllled. Bliiamn against Winterer. Appeal, Ke'h. luvusen ana rerranrteil wltn m- iiotlons. A me. t, LMrimon No. 1. 1. t'onceming niinpie acts ol treepnxs eyulty has In most oases no Jurisdiction, but If the nature slid frequency of tres pafs ate ain-h as to prevent or threaten the MinMantlal enjoyment of the right of poKe.slnu ami roeriy in land, an in junriinti ta 111 he granted. 1K. 8'riMinpr sgalnat Van Orsdel. Error. Uage. Former opinion adhered to. liRtiie", J. 1. An agreement for purely professional services, such as "collecting lacts, pre paring and submitting to the Indians and proper suthorltlea of the government of the United States, arguments upon the merits of the Halms ot those holding In dian lands purchased from the govern ment for a reduction, and upon tne Jus tice and advisability of a reduction of the purchase piire of such lands, as may be necessary and proper to secure audi re duction," is valid. 2. The fact thut the agent or attorney, In carrying out his agreement, and as In cldentHl thereto, appears before a com mittee of both houxca of congress and ex plains the nature of the bill prepared by the secretary of the Interior, authorizing him to grunt the reduction of the pi loo of such lands, agreed upon, does not ren der such contract void, or preclude the attorney from recovering the compensa tion expressed therein, for his services. 1 nst una inat rimd. zi wall, in. 1. Former opinion herein, Nebr., , IDS N. W., livt, modified and adhered to. I.W4. Uutschow against Washington County. Error, Washington, on motion for rehearing, motion for rehearing over ruled. 1 et ton, J. 1. When nn action Is brought to recover damages Occasioned by the construction of a drainage ditch and it appears that the special benetlts received by any particular tract of land exceed that portion of the coat Of the din h apportioned to it the special benefits In excess of the cost, may be set off against consequential damages. Hablg against Parker. Error. Nemaha. Affirmed. Duflic, '.. Division No. i. 1. A petition setting up numerous and continued trespasses to personal property states but one cause of action and Is not subject to a motion to divide and iiumlier. 2. It Is unnecessary in most actions where the demand Is unliquidated and sounds wholly In damages and where there Is hut a single cause of action, to state specifically and lit amounts the different elements or items which go to mako up the sum total of the damages. It la enough generally to claim so much in gross as damages for the wrongs done. In rase, however, the pleader elects to clfilm a named sum for sny one or more of the Items of claimed damages he Is restricted In Ids recovery on these items to the amount named in his petition and the court should so charge. 3. It is not reversible error to charge that the measure of damages for Injury to or destruction of bearing fruit trees is the market value of such trees, where the party complaining tendered and procured the court to give an Instruction statlug the same rule of damages. 14072. Hawley against Pound. Appeal, Washington. Affirmed. Jackson, C, Divi sion No. t: 14073. Hawley aguinst Barry. Appeal, Washington. Affirmed. Jackson, C, Divi sion No. 2. 1074. Hawley against Nellson. Appeal, Washington. Affirmed. Jackson, C, Divi sion No. 2. 14075. Hawley against Nellson. Appeal, Washington. Affirmed. Jackson, C, Divi sion No. 3. 14076. Hawley Against Jahnel. Appeal, Washington. Affirmed. Jackson, C, Divi sion No 2. 14123. Wessel against Bishop. Error, Lancaster. Affirmed. Epperson, C, Divi sion No. 1. 1. Rulings of the court upon objections to Instructions given and refused, examined and held without error. t. Proof of mere indiscretion In the con duct of a Juror is not sufficient to avoid a verdict, but the proof must show that his conduct la of such a character that preju dice may be presumed. 1412. Deemer & Guilfoil against Grant County. Affirmed. Epperson, C.k Division No. 1. 1. The action of the County Board of Equalization In fixing the place for listing and assessment of personal property, under the provisions of section 42, article I, chapter lxxvtl, of the Compiled Statutes, will not be disturbed unless an abuse of discretion is Known. 14137. Parker against Leech. Error, Furnas. Reversed and remanded. Jack son, C. Division No. 2. 1. Ordinarily an agent authorized to re ceive payment has no authority to com mute his principal's debt for a debt due from himself to his principal's debtor, nor to receive payment other than In money. 3. Evidence examined and held insufficient to sustain a finding of payment. 14147. Reeves Co. against Curlee. Error, Bed Willow. Reversed and a new trial awarded. Ames, C, Division No. 1. 1. Evidence examined and held Insufficient to support the verdict. 14163. Morris against Perslng. Error. Merrick. Reversed and remanded. Epper son, C. Division No. 1. 1. The making ot a written contract by a mortgagor of chattels in possession, pro viding for the sale and future disposition of the property, and providing for the pay ment or satisfaction of the mortgage In debtedness, is neither malum In se nor malum prohibitum. i. The giving of Instructions set out. In the opinion held error. 14160. Gray against Nolde. Error from Clay county. Reversed and dismissed with out prejudice. Duflie, C. Gray had purchased from Nolde 1'K) acres of land at the a creed price of ag,0i, fl.uuO of which was paid In caah, the bal ance to be paid at Uray'a option with 0 per cent interest, payable annually. Home three years after the date of purchase Gray tendered to Nolde the remainder of the purchase price with the accrued Inter est and demanded a deed, which was re fused, and ha thereupon commenced an action to recover Hie purchase money paid and the Increased value of the laud and recovered judgment for about U.OOo. Nolde superseded this Judgment and appealed therefrom to the supreme court. While the action waa pending In ilia court Nolde commenced an action against Gray to re cover possession of the land (Gray still remaining In possession) and for the rents and profits. He recovered judgment for the possession and tJo damages from which this appeal was taken by Gray. Held, that If Nolde had submitted to the Judgment obtained against him by Gray and satis fied the same he would tie entitled to pos session of the laud, but that having ap pealed from the Judgment and refusing to recognise It as settling their rights re lating to the land, he could not uae it to oust Gray from possession. 14172. Jenkins ogalnst Campbell. Appeal from Dundy county. Reversed and re manded with insltuctlons. Jackson, C. Di vision No. 2. Pending an appeal from a judgment ren dered In Justlce'a court the Judgment cred itor procured and filed In the district court a transcript of the proceedings had before the Justice of tha peace, and after dismissal of the appeal and an order re manding the cause to the justice for fur-' ther proceedings, caused' an execution to ISMie out of the district court on the trans cript so filed; held, that the execution waa void. 14171. Talntor against Abrams. Appeal from Knox county. - Affirmed. Duma, c. Division No. t 1. A mortgage made to a trustee may be foreclosed by him without Joining the bene ficial y as a plaintiff. 2. Where the beneficiary la made a co plaintiff with the trustee in a foreclosure action and dies while the suit Is pending. Irregularity or error in reviving the suit In the name of his administrator is with out prejudice to further proceedings in the case, as he waa not a necessary party plaintiff. I. A mortgagor's possession of the mort gaged premise after foreclosure and sale will not become adverse until notice to the purchaser that ha la holding in hostility to his title. 14l?i. Pine against Mangus. Appeal from Red Willow county. Reversed mlth instruc tions. Epperson. C. Division No. 1. A morifcagee of real estate assigned its mortgage and guaranteed the payment thereof, and thereafter collected the prin cipal and interest, but failed to account therefor to its assignee, who instituted this action to foreclose the mortgage. Evidence examined and held sufficient to show that the tuoi-tgagte as the agent af Its assignee, and die payments to it satisfied the mort gage ImJ.i.tediieas. 1411. The Security Mutual Life Insur ant e Company against Kasa. Appeal from UiHicr county. Affirmed. Jackson, C Kiv fe:-n No. 2. I The tact that an agent la temporarily rinploved in transacting the business of a domeetlc .-orpoiation in a county other than the one where the corporation has its prin cipal place of business does not subject such corporation to the jurisdiction uf tha courts of that county under the provisions of tectum io of tha Cod of Civil Pro cedure. 1 The residence of a rreon who is em elojed as tic agent of a domeslK; cot pota tion is personal and I immaterial In ai Inquiry as to whether a domestic corpora tion Is situated In a county within the meaning of sat, I section. 141X Jakwav narainst Prouriift Krrnr from I.nnrasier county. Reversed and rc msndd. OI.ll.am. c. Division No. I. 1. false representations as the basis of sn action, whether lor damages or for the tesclsslnn of a contract, are such only as in some manner actually mislead the party to his damag". American Building and Loan Association against Bear, 4 Neb., 4i. followed and approved. 2. Action of t he trial court In excluding testimony offered by the defendant ex amined and held prejudicial. 1. Instructions examined and iiehl prejudicial. 1411. 'lopliff against Richardson. Appeal from Kearney county. Affirmed. Dulne, C lHvlsion No. 2. 141Si. ToplilT against Richardson. Appeal from Kearney county. Affirmed. Duffle, C. Division No. 2. 1.. Service by publication was attempted on three defendants. Two of the de fendants were residents of the state and the third, a nonresident, had died pre viously to the publication of the noticf. Held, that a decree entered on such at tempted service was void. 2. There can Ik- no merger unless a grenter mid a less estate meet In the same person, holding In I he same right nor where intervening rights or estatea Interfere, nor where the Intention to keep the estate dis tinct may be Inferred or has been ex pressed. 3. Proof of the statute of a sister slat and of a Judicial record appointing trustees examined and held sufficient. 4. The title conveyed under a tax sale Is nH derivative, hut a new title, and lite purchaser. If his deed Is valid, lakes free from any Incumbrance claims or equities connected with the prior title. 6. One purchasing at Judicial sale Is estopped from questioning the validity of an Incumbrance shown by the appraise ment and deducted from the appraised value of the estate sold, where he makes no objection to the validity of tho in cumbrance prior to the Bale. 141D2. Hliuman against Heater. Appeal from Lancaster county. Affirmed. Albert, C. Division No. 2. 1. No particular form of words Is neces sary to constitute a warranty as to tha quality or soundness of chattels; anv form of words whereby a vendor, for the purpose of Inducing a sate, makes affirmation pend ing the negotiations, that the subject matter of that sale is of a particular qual ity or fitness, will constitute a warranty' when relied upon by the purchaser. 2. Evidence examined and held suffici ent to show: (1) That the defendant sold a team to the plaintiff; (2) That lie warranted the team to be sound; 13) A breach of such warranty. 141W. Union Pacific R. R. Co. against Nelson. Error Uuster county. Affirmed. Oldham, C. Division No. 1. 1. Evidence examined and held sufficient to sustain the Judgment ol tho district court. 2. Instructions examined and held not prejudicial. 14187. Cuatt against Ross. Error Buffalo county. Affirmed. Ames, C. Division No. 1. When the evidence Is insufficient to sup port an alleged counterclaim the defendant can not complain uf errors In the giving or refusing of instructions having refer ence to it. 14'J)1. Clark 4V Leonard Investment cbm- Rany against Lindgren. Appeal from itchenck county. Affirmed. Ames, C. Division No. 1. 1. An objection that an application for a writ of assistance to put a purchaser at a Judicial sale Into possession has been too long delayed. Is addressed to the sound dis cretion of the court and where It Is not made to appear that new rights have in tervened or that the defendants have been prejudiced by the delay, such an ob jection will not be upheld. 2. The grantee of a purchaser at a Ju dicial sale is not necessarily incompetent to prosecute an application for a writ of assistance to put him into possession and whether he shall he permitted so to do or not, Is a matter dependent upon the cir cumstance and resting largely in the dis cretion of the court. 14203. Baker Furniture Co. against Hall. Error, Douglas county. Affirmed. Epper son, C. Division No. 1. A corporation organized for the sole pur pose of continuing the business of a partner ship firm, which takes over to Itself the ownership and control of the assets thereof thereby assumes the debts or such firm to the extent of the property so received. 14441. O'Neill & Baldwin against State Error, Boone county. Reversed and re manded. Barnes, J. 1. Where, In a prosecution for a viola tion of the provisions of section 20, chap ter 60 of the compiled statutes en titled "Liquors," intoxicating liquor is found and selzrd In the posses sion of the accused, or Is shown to have been in his possession and kept by him at his place of business, by other com petent evidence, the statutes makes such possession, when not satisfactorily ex plained, presumptive evidence of guilt and such possession and keeping may be suffi cient to sustain a conviction. Peterson against State. 3 Nebr., 2&1. 2. It Is not every kind of possession of Intoxicating liquor, however, that raises the presumption that It was kept for an unlawful purpose and when the evidence on the part of the prosecution shows that the liquor In question wss not kept by tho accused and that his possession of or con nection with It was of such a nature that he could not have sold or disposed of It unlawfully, that such liquor, when seized, was not in his possession, but was right fully In the possession of another, such evidence alone will not sustain a convlc- t'l4464. Klawltter against State. Error, Pierce. Reversed and a new trial ordered. The rule Is settled in this state that In cases of rape, unless the testimony of the prosecutrix is corroborated on material points, where the accused testifies as a n his own bchaJf and denies the charge, her testimony alone is not sufficient to warrant a conviction. jilo-w ihi Stat. 1 Nebr.. 330. t.vuianc examined and held not stirn- clent to sustain the verdict of conviction. 1447. Simmons against Kelaey. Appeal, Johnson. Affirmed. Albert, C. Division No. 2. i k nl.a In abatement was stricken on plaintiff's motion; the defendants then In corporated the aama matter, with a plea to the merits, in the answer and fully liti gated such matter. Held: That they were not prejudiced by the ruling on tha motion to strike. ..... Z. Where tn mental capacity or tin plain tiff to maintain the suit is In Issue her disposition, aside from the question or i.er mental integrity, la not Involved and la not a subject of expert Investigation. 3. Where the plaintiff reasonably under stands the nature and purpose of her suit, the effect of her arts wun reierene thereto, and has the will to decld for herself whether it shall he brought and prosecuted, she has sufficient mental ca pacity to maintain It. 4. The dismissal, by a child, of proceed ings instituted hv her for the appointment of a guardian for her mother on the ground of tha incompetency of the latter, Is not a valid consideration for a promise made by the mother to such child. I. Public nullcv will not permit one who institutes such proceedings to make the prosecution or the abandonment thereof a Source of profit to herself. 4. Evidence examined and neia sumcient to sustain a finding that plaintiff s asut to a contract was obtained by undue nieans and without consideration. LlolM. Chicago, St. Paul, Minneapolis Omaha Railway Company against McVau lgal. Error from Douglas county. On re hearing, reversed and remanded. Sedg wick, C. J. 1. Two Inconsistent findings uf a Jury HMEO TROUBLESOME PAINS AND ACHES Wlaile Rheumatism is usually worse in Winter because of the cold and dampness of a changing atmosphere, it is by no means a Winter disease entirely. Persons in whose blood the uric acid, which produces the disease, has collected, feel its troublesome pains and aches all the year round. The cause of Rheumatism is a fcour, acid condition of the blood, brought about by the accumulation in the system of refuse matter, which the natural ave nues of bodily waste have failed to carry off. This refuse matter cominjr in contact with the different acids of the body, forms uric acid which is absorbed by the blood and distributed to all parts of the body, and Rheumatism gets possession of the system. Rheumatic persons are almost constant sufferers ; the nagging pains in joints and muscles, are ever present under the most favorable climatic conditions, while exposure to dampness or an attack of indigestion will often bring on the severer symptoms even in warm, pleas ant weather. Liniments, planters, lotions, etc., relieve the pain and give the sufferer temporary comfort, but are in no sense curative ; because Rheumatism , , is not a disease that can be rubbed away or (1 A-J drawn out with a plaster. S. S. S. is the best Vi treatment for Rheumatism ; it goes down into kJJn -0m fw-) the blood and attacks the disease at its head, e Vw' and by neutralizing the acid and driving it out, PURELY VEGETABLE. n(1 building up the thin, sour blood, cures Rheumatism permanently. Being made en tirely of roots, herbs and barks, S. 8. S. will not injur the system in tha least. Book on Rheumatism and any medical advice without charge. nr 9 wifr tpcctrro co., a tianta, ca. upon the same Issue, if based upon conflict ing evidence, nullify each other. Such find ings will not snpiort a Judgment. If one Is the only finding poesihle under the evi dence a judgment thereon in favor of one of two Joint defendants will be sustained, and a finding upon the same Issue against the other defendant, being wholly unsup ported by the evidence, will be reversed. t. It Is not the practice of this court to dismiss a law s?tlon upon reversing a Judgment of the district court for want of evidence to sustain It. The cause Is re manded to the district court for further proceedings. I'ft. Eager against Eager. Appeal from Dnualas county. Motion for rehearing over ruled; former opinion modified, lotion, J. 1421. Rogers against Omaha. Error. IVjuglas. Reversed and remaned. Oldham, C. Division No. 1. 1. Hurford against Omaha. 4 Neb., H.K; Goodrich against Omaha, lo Neb., W; M, Cnvnek against Omaha, 40 Neb.. 4; ex amined, approved and distinguished. 2. Where a municipal corporation re ceives and retains substantial benefits under a contract which It wss suthotized to make, but which was void because Ir regularly executed. It Is liable In an action brought to recover the reasonable vabu of tiie benefits received. Lincoln Lanl company against Village of Grant, 57 Neb., 70. followed and approved. llieiO. Union Pacific Railway Company against David Bradley ft Co. Appeal from DnUKlaf county. Reversed; plaintiff's pe tition dismissed. Oldham, C. Division No. 1. Specific performance of a contract for the sale of real estate will not be awarded at the suit of the vendee or his assignee where the evidence discloses gross lasches In making the payments stipulated for In the contract where time is made of the essence of the contract by the agreement of the parties. 141CS. MeCredry against Crelghton. Ap peal from Douglas county. Affirmed. Old ham. C. Division No- 1. 1. Shelbv against Crelghton, fio Neb., it, approved and followed so far as applicable to the present Issues. t. A judgment of a court of competent Jurisdiction Hgalnxt a minor defendant properlv served and represented will not be set aside on account of the minority of the defendant, unless the action for that purpose is commenced within one year after the minor arrives at the age of il years, as provided In section 442 of the Code of Civil Procedure; after that time a Judgment against a minor defendant will be set aside only for such causes as are sufficient to set aside a Judgment against an adult. 3. A minor, suing as a plaintiff on a cause of action, will be bound by the Judgment rendered therein the same as an adult would bo. If the suit was brought and prosecuted in good faith for the minor's benefit. 4. Prior Judgments rendered In the mat ter of the estatea of Edward Crelghton and of Mary l.ucretia Crelghton and pleaded as a defense In this action, ex amined and held, to constitute a bar to the cause of action instituted by the plain tiffs herein. 14141. Bush against Griffin. Appeal from Hayes county. Affirmed. Albert, C. Di vision No. 2. 1. While the fart that one claiming title by ndvfiee possession failed to pay taxes on the land during his occupancy would not of Itself, necessarily, defeat bis claim, it is entitled to weight as tending to show that he did not intend to claim title as against the rightful owner. I. Where such occupant entered orig inally without color of title or claim of right, and the acts relied on to show entry and occupation were consistent with a mere intention to trespass from time to time until Interfered with by the true owner, his testimony that he intended to take possession and hold and occupy as owner, uncorroborated by nets necessarily Indicating such intension, is not sufficient to require a finding in his favor. Knight against Denman, 4 Neb., 814. 8. Evidence examined and held, to bring the case within the foregoing rule. . 14142. Bush against Brown. Appeal from Hayes county. Affirmed. Albert, C. Di vision No. 2. This Is a companion case to Bush against Griffin et at., No. 14141, decided at this sit ting, and Is governed by the same rule. 14170. Gerlng against School District No. 23. Error from Cass county. Reversed and remanded. Albert, C. Division No. 2. 1. A compromise, whereby one party agrees to pay and the other to receive a certain sum In satisfaction of a doubtful claim, rests upon a sufficient consideration. 3. But If the claimant, knowing that his claim Is groundless, forces the other party to a compromise by a threat of suit, there Is no consideration and the compromise will not be enforced. 3. Forbearance to prosecute proceedings for the reversal of a judgment Is a suffi cient consideration for a compromise, and unless the good faith of the claimant In pressing his claim is put in Issue, whether he Intended to prosecute such proceedings la Immaterial. 4. One of the essentials of a Judgment offered In support of a technical plea In bar Is, that it war rendered In a suit In volving the same subject matter as that In which the plea Is Interposed, and. lack ing that element, it Is not available In support of such plea. 3. Where the second action Is on a dif ferent claim or demand, the Judgment In the former operates us an estoppel only as to those matters In issue upon the de termination of which the judgment was rendered. 6. In such cases the rule Is that If there be any uncertainty In the record as to the issues actually tried or adjudicated in the former suit, the whole subject matter of the 'action will be at large, unless the uncer tainty be removed by extrinsic evidence, and the burden of proof is upon tho party relying upon the estopple to show that a question raised In the present suit was litigated and determined In that In which the judgment waa rendered. 7. In an action upon the promise of a achool district to pay a certain amount In composition of a doubtful claim, one of the defenses was that the claimant secured the adoption of a resolution for the coin promise by threats and intimidation, anil, there is evidence tending to support such defense; held that evidence as to his repu tation In the vicinity as to being peaceable or otherwise was properly received. 3. Declarations of parties made at a meet ing where such resolution waa adopted, tending to show that they were intimidated and for that reason left the meeting and refrained from voting on the resolution, are properly receivable In evidence aa a part uf the rea gestae. 14160. Wlllits ugalnxt Willits. Appeal from Hatiun county. Affirmed. Albert, C. Di vision No. 2. 1. While our law defines marriage aa a civil contract, it differs from all other con tract in it consequences lo the body pol itic and for that reason l;i dealing with It, or with the status resulting therefrom, the state never stands Indifferent, but 1 always a party whose interest must be tsken Into account. 2. A marriage, where one of the parties is under the age of consent, but who U competent by the common law, Is not void, but merely voidable and until annulled by a court of competent Jurisdiction, Is valid for all civil puroosv. 3. A court annulling a uiaiiage at the suit of a husband who Is under the age of consent when the marriage was solemnised may require lilm to pay a reasonable amount for the support and nutur of the Issue of such marriage. 4. In such esse, the court may also re quire the husband. If the circumstances of the party warrant it, to pay reasonable suit money to enable the wife to make a defet.se, and to reimburse her for ex penditures on behalf of the family during the existence of tiie marriage relation. 5. Suit money may be allowed, In th sou-id discretion of the court, at any stag In the litigation, and may be Included i 1 the final decree. MATISM j y?M iJt&WSltm. MM WE OUJl'.iMHII Saturday Marks the of a sale- without a inrnlll In the annals of credit mer t liandlslnR. To aconimou'ale our largely Increitaod trade and stofk. we have loH.-d tho throo-story building nxt door west, while alterations are bring made we are selling, our present stock of , (YaCn's and Ladies' Clothing At 25 to 50 Discount. 4 . SCHL Fine Oij hie j Makers- Jialtimor Jnd Atv York LADIES1 SUITS I.TR.nO snd $.17.M costumes. In beautiful creations, rTencn t'anama. all col lama, all col- '2350 ors, Eton jacket, beautifully trimmed, circular or pleated skirt, for of J3AOsACn 1 skirt, for o Somewhere Round Trip Summer Rites from Cmithi San Francisco and Los Angeles, June 25 to tfuly'7.$?.00 One way via Portland ....... '34.50 San Francisco, Los Angeles, Portland and Si tittle, daily after June 1st (60.00 One way via Shasta Route 73.50 Portland and Seattle, June 18 to 22 50.00 One way via California 62,50 Spokane, Wash., after June 1 55.00 Butte and Helena, after June 1 50.00 Yellowstone Park Tour, after May 28 75.00 Salt Lake City and Ogden, after June 1. . . . M 30.50 Qlenwood Springs, Colo.' after June 1. 2&50 Denver, Colorado Springs and Pueblo, after June 1. 17.50 Denver, Colorado Springs and Pueblo, July 10 to 16 j, A5.00 Cody, Wyo., after June 1 30.10 Sheridan, Wyo., after June 1 56.40 Deadwood and Lead, S. D., after June 1 .18.75 Hot Springs, S. D., after June 1.. 16.40 Chicago, 111., after June 1 . . . .V 20,00 St. Louis, Mo., after June 1 18.50 Milwaukee and Madison, Wis., after June 1. . . . . 20.00 Mackinac Island, Mich., after June 1 ....26.25 Charlevoix, Mich., after June 1 24.40 Petoskey, Mich., after June 1 24.40 Detroit, Mich., after June 1 , 33.50 Buffalo and Niagara Falls, after June 1 ......... ., 4 LOO Montreal Quebec, after June 1 63.00 Boston, Mass., May 31, June 2, 3 and 4 32.75 Better call or write and let me plan your summer vacation for you. I can give you all thf lifllifllliJWlf SATURDAY yii ih.,ct..-j ic "II RIILTdN ROGERS & SONS CO., 14TM AND FARNAM STREETS. eginnmg Bargain Prices p.r SATURDAY Men's 20.v Bulls, aristocratic gar ments, betier than most custom made In their graceful appearance, a great variety of A m eaPA appropriate fabrics, H ft II patterns and designs, II 1 w on sale II I 'VmS. Saturday only, 11 U aaaw for CASH OR ON YOUR OWN TERMS Men's JIS.WiO Worsted Suits, in blacks and grays, hair cloth fronts, satin lined, Saturday, only, for SfHjTC latert information and free descriptive lit erature. J. D. REYNOLDS. C. P. A.. 1502 Farnam St. Omahi. Kcb. SPECIAL. The Celebrated Badger Refrigerator Like cut. M pound rapacity. $9.25 SATf'RDAY O.VLT. Height. 2 Inches; length. IT Inchest depth. IT inches. U.ulr of thoroughly tBaniMl ash. carefully finished. Has aan. ttary cleanaale flues and drain pipe; strong, solid, bronse Im-s. arid hliig.; gal vanised airvl finings; Ik rata: which can easily rrmntii. Lawn UK w n! Garden Cost! Gas Ranges.