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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (May 19, 1906)
THE OMATIA DAILY BEE: PATTTTOAY. MAY 10. lfn.
Ladies' Underwear Bargains
For Ratnrday w have prepared the $crrtrt bargain snrprisc yet offered.
Only a glance at these Taluc In nrcemarjr for the rrcofrnttton of their superior,
bar k In merit.
Ladles" Union Snlta lw neck nd h"tl
sleeves or high ne-k and short 2C
llnvM, worth double, at
it4lN' Union Suits In fine little, nicely
trimmed, rmular 76c values IQC
X.edls' Tart and Faata Vests r lone,
ahnrt or without sleeves, pants kne
length anil lace trimmed, worth Qr
double our special price. 25o and. "W
ladles' tiele Thread rants and Teste
Regular ROr values. In this sale TCr
at garment uu
Ladles' Tarts In Hal and fine cotton
greatest bar gal na ever offered Si,-,
at 25c, lc, 10c and ,JW
Big Shoe Sale Saturday
A large factory in Rochester, Ind
Phoea, made to retail at VZ.Z-i a
( west ,room )
Man's Taa $3.60 Bluchers
Man's B3.S0 Pateat Colt Button or
Blocker vxforas Uaioa Mad..
Mn's Sample Crow. $3.00 Ox
fords, all Goodyear wolts
Women's V2.S0 patent colt Olbson Tias
and vlci kid of the same. In hand turn
aoles, l-lnoh silk ribbon (2
Sheet Music Sale
Now la yonr opportunity to purchase Sheet Music at exceptionally low
prices. Saturday we place on sale, in both Music Department and Basement,
all the latest hits, In both Vocal and Instrumental, at 8)4 per copy. Look
thla over and see if there la not something that you would want at this cut
price. Ad 1 cent per copy by mail.
VOCAD What lias the Nighttime lo, TNSTRI'M BNTAl. Kyes of the Soul,
Do With the Oirl, As You Oo Your Way Spirit of Love Waltzes. Regimental
and I Oo Mine, "Mabel" (new), She's the : Daughters (march and two step), Juliette,
Bweeteat Olrl that Dixie Kver Knew (new I Ilxle oirl. La Surllla Cnprlce, Bo-Peep,
ballad). Anxious, Angelina. Jealous. Jesa- i Tfertlia Oalhmd Waltzex (new). Iove la
mine, Good Bya Old Manhattan lale. The I KImk Waltzes, Sanltol. Iris (a pretty cap-
Moon Has ills F-yes on You, Honolulu.
Have You Been My Henry Brown. Dearie.
I Don't Care (from the Sambo Olrl), Toklo,
If the Folks Down Home Could See Me
Now, On An Automobile Honeymoon, I
IJka Tou (from the Mayor of Toklo).
Pieces Below Will Be Placed on Sale at 5c Per Copy
Anvil Chorus. Trf)ln dil Bal, I.lttle Fairy Waltz, Cavalerla Rustlcana, Serenatta.
Maiden's Prayer. Melody In F, Heather Rose. Overatta Waltz, Shepherd Boy, Tarn
O'Shanter, Rustic Dance, Remember Me by BnnkhHm, Valse Bleue, Scarf Dance,
Thins Own, Fifth Nocturne, Good Evening Schottlsche and the Lost Chord.
Teachers and scholars should take advantage of this sale.
The Greatest Grocery, Butter, Cheese,
Cracker, Fresh Fruit and Vegetable
Department in Omaha.
21 lbs. Best Pure Cane Granulated
10-lb. sacks best Granulated Cornmcul lOo
t lbs. best Roled Oatmeal... 35o
Jell-O or Bromansrelon. per pkg THc
6-lb. palls purs Fruit Jelly 16c
10 bars best brands Laundry 3oap....35e
1-lb. pkg-. Maaroni Bo
1-lb. pkj. Corn Starch 4o
1-lb. can Baked Beans 4o
Lara bottles Pickles, nsaorted kinds 8lj0
The best Soi Crackers, per lb 6o
Swedish Health Bread, per lb 7V0
Frsh, crisp Glnfccrsnaps, per lb Co
Fresh Cookies, per lb lOo
S1TTTZS AsTD CWJCZSB TM1CTM.
Fancy Separator Creamery Butter, lb.SlO
Fancy New York White Full Cream
Cheese, per pound 13Ho
Fancy Wisconsin Cream Cheese, lb..laVio
Fancy Brick or Llmberger Cheese, lb la Vic
OAjrSTt CAJTDTI CANDY I
Fancy, fresh, pure sugar home-mada
Candles, retailed everywhere for 25c
per pound, our price, this sale only,
per pound I3Vio
SUPREME COURT SYLLABI
145M. Bute ex rel Coney against Hyland.
Original. Peremptory writ of mandamus
allowed. Letton, J.
1. The title to a public ofjlce will not be
tried In a mandamus proceeding.
2. Mandamus will lie to compel an officer
whose term has expired to deliver to the
person elected to succeed him, who holds
the certificate of election and has duly
qualified by taking the oath of office and
by the filing and approval of his bond, tile
books, papers, money and other property
belonging ta tne office. Such a prima facie
right to the office Is sufficient ground for '
the Issuance of the writ, even when It la
claimed the relator was not eligible to the
office at the time of the election.
14142. Rush against Brown. Appeal from
Hayes county. Affirmed. Albert, C. Di
vision No. 1
This Is a companion case to Bush against
Griffin et al No. 14141, decided at this sil
ting, and Is governed by the same rule.
14170. Gerlng against School District No.
J. Error from Cass county. Reversed and
remanded. Albert. C, Division No. I.
1. A compromise, whereby one party
agree to pay and the other to receive a
certain' sum In satisfaction of a doubtful
claim, rests upon a sufficient consideration.
I. 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 b enforced.
t. Forbearance to proseeiite proceedings
for the reversal of a Judgment Is a suffi
cient consideration for a compromise, and
unless the good faith of the claimant In
K re suing his claim la put in issue, whether
Intended to prosecute such proceedings
4. One of ths 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.
S. Where the second action Is on a dif
ferent claim or demand, ths Judgment In
the former operates as an estoppel only
to those matters In Issu upon the de
termination of which the judgment was
s. In such cases the rule Is that If there
be any uncertainty In the record aa to ths
issues actually tried or adjudicated In the
former suit, the whole subject matter of the
aotlon will be at large, unless the uncer
In whatever direction the Colorado tourist may
choose by rail, if he go to the mountains his
Journey Is a succession of Klorious scenery,
varying In the characteristics of placid beauty,
grotesque ruggedness, and awe-inspiring grand
eur, a panorama of wonders such as belong only
to the Rocky Mountains.
The popular route to
FAST TRAINS. LOW RATES.
Be sure your tickets read over this line.'
CITY TICKKT OFFICE. 1S34 Farnam Street,
ay If toe
Children's Taats aad
lace trimmed, worth
sat ran" ara
double. In thla sale at !5c
Boys' Balbrirgan Bhtrts and Drawers In
all slues drawer are douhle-geated
rom In white or erru aurprla- 2C
Ing value at garment -V
Our stnalin Underwear Sals has un
doubtedly attrarted more enthualaattc buy
era than any aale of the season. Several
new lines will be placed on sale Saturday.
Even better values than Heretofore offered.
us their entire floor stock of Women's
sizes regular 'J"a to 7 J 29
Women's, misses' and child's, $1.60 and
J 1.0D Bongola laoe Shoes, yRc 7f)p
Little gent's nnl youths, f 1.60 Satin Calf
XjSca Shoes Union Mads 9Sc
The iargest line 'of Whit ' Canvas Oxfords,
Christy and Olbson Ties, in I IK
Omaha, IS. tl. II. SO and
Orover Bhoss and Oxfords are made for
tsndsr feet. 29 styles carried In stock.
: rice). Hounrlna; Hetty (two stepi. i nirKn
Chowder. Anaels' Voices Kver Near. Hey
Ihiiw (new march and two step), t:rimson
Hollyhock, Heartseiiae ta pretty Inter
mezzo). Soap 8ud. Moon Winks, Mistletoe
Waltzes, Moonina Novelette.
Kej-ulnr 40c Candies, for this sale only.
per pound 80e
Regular 20c Candles, for this sale only,
per pound lOe
v rSESX FETTTT AWD TEOITABLB
bunches Fresh Radishes 5o
6 heads Fresh Letttice 6c
5 bunches Fresh Onions 6c
2 bunches Fresh Asparagus 5o
5 bunches Fresh Pie riant 6c
Fresh Wax or String Beans, per lb... 10c
Fresh Cucumbers, each 5c
Fresh Parsley, per bunch 3c
Fresh Tomatoes, per lb lOo
WE VTIX,!, OFEH OT7B FAHOTI ICB
CREAK COUJtTEB, 8ATUBSAY.
Pon t fail to get a nice cold drink of
Wild Cherry PhoHphate, Hoot Beer or Tee
Cold Tea frea In Grocery .Department Sat
urday, tainty be removed by extrinsic evidence,
and the burden of proof la upon the partv
relying upon the estopplc to show that a
question raised n the present suit whs
litigated and determined In that in which
the judgment was rendered.
7. In an action upon the promise of a
school 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 foitx-he com
promise by threats and intimidation, and
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.
8. Declarations of parties made at a meet
ing where such resolution was ntiopteil.
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 as a
part of the res gestae.
111S0. Wllllts against Wlllits. Appeal from
Harlan county. Affirmed. Albert, C. Di
vision No. 2.
1. While our law defines marriage as a
civil contract, it differs from all other con
tracts in Its consequences to the body pol
itic and for that reason In dealing with It,
or with the status resulting therefrom,
the state never stands indifferent, but la
always a party whose interest must be
taken Into account.
i. A marriage, where one of the parties
is under the age of consent, but who Is
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 purpose.
3. A court annulling a marlage at the
suit of a husband who Is under the age of
consent when the mu Triage was solemnized
may require him to pay a reasonable
amount for the support and nuture of the
issue of such marriage.
4. In such case, the court may also re
quire the husband, If the circumstances of
the party warrant it, to pay reasonable
stilt money to enable the wife to make n
defense, and to reimburse her for ex
penditures on behalf of the family during
the existence of the marriage relation.
6. Suit money may be allowed. In the
sotnd discretion of the court, at any atagft
in the lltlgutlon, and may be Included in
the final decree.
m.'4. Nelson against Snecd, Appeal,
Otoe Reversed with directions to enter
decree for perpetual Injunction. Epperson,
C. Division No. 1.
1. "To establish a highway by prescrip
tion, there must be a user by the general
public under a claim of right, and which
Is adverse to the occupancy of the owner
of the land, of some particular or defined
wey or track, uninterruptedly, without
Douglas - ad I.
peat Eflaimulfaeftaiiireir's taeEs ale Sataday
EXTRAORDINARY OFFERINGS OF
WOMEN'S OUTER GARMENTS
The bargain giving power of our great buying organization lias never been more pleas
ingly demonstrated than in this great sale. Exceptionally high quality and low prices, together
with best styles, form a combination that delights those who appreciate real bargains.
50c Veilings r, 2c
A brand new line of latest noveltlen In plain
and fancy mesh veilings just received,
worth 26c, 35c and oOc a yard, on tkc
sale Saturday at one price, yard.. 1"JC
Saturday Extra Specials
LADIK8' FANCY NECKWEAR, worth up
to 25c, on sale at; a
2(K5 ALL SILK TAFFETA RIB- 'Tl-
BONS. at. per yard I
25c FANCY ALL SILK RIBBONS, Iflr-
at. per yard
25c GOLD BELTS, . 1
35c LAUNDRY BAGS, 11c
25c NOVEL, great variety of titles. Er
substantial change, for a period of time
necessary to bar an action to recover
possession of the land." Engle against
Hunt, 60 Neb. 358; 69 N. W.. 970; Uleck
against Keller, Neb.. 13; N. W., H74.
14227. Lutjehnrms against Smith. Appeal,
Harlan. Affirmed. Jackson, C. Division
1. A principal who ratifies a contract of
his agent is thereafter, fn the absence of
fraud, estopped from denying the author
ity of the agent to enter Into the con
tract. 2. Where, the vendee of real estate is will
ing to accept the title of the vendor the
courts will not refuse to compel a spe.
citic performance of a contract because of
a detect in the title.
14229. Hefner against Robert. Error,
Otoe. Reversed and remanded. Oldham, C.
Division No. 1.
1 When no other place is specified in a
contract for a tender the law will presume
that the tendei should he made at the
place of the contract, but an unconditional
refusal to accept the tender at any place
waives the necessity for a technical tender
at the place of the contract.
2. Where a tender other than money Is
made the tenderer must,. If possible, keep
the property in condition to make the
tender good while an action for reclsslon
Is pending. If after making the tender he
exercises acts of ownership over the prop
erty tendered, inconsistent with the the
ory that he Is holding the property for de
livery to the party to whom it was tn
dered, such conduct amounts to a with
drawal of the tender.
42X. Fitzgerald against Kimball Bros.
Company. Error, lncaster. Reversed
and remanded. Albert, C. Division No. 2.
1. The declarations of an alleged agent
are not admissible in evidence for the pur
pose of establishing or enlarging his au
thority. i. The authority of an agent to execute
a contract cannot be established by evi
dence of his declaration as to the nature
of a conversation carried on between him
and his alleged principal by telephone dur
ing the negotiations.
I 3. Knowledge by the principal of the ma-
terlal facts is an essential element of an
run-live ramicaiion vy. nun or me unau
thorized act of his agent. O'Shea against
Rice. 49 Neb., 893.
4. Evidence examined and held insuffi
cient to sustain a finding that the alleged
agent had authorlt to bind the defendant
by the contract In suit,
1423T. Staats against Wilson. Appeal,
Rlrhardson. Affirmed. Epperson, C. Divi
sion No. 1.
1. The judgment of the court, unappealed
from. In an action for partition of real
estate, firing the shares of the Interested
parties snd r.mklr.g partition of the land Is
final, and the parties thereto are emopned
from claiming a greater Interest, even
though the proceedings of the court were
irregular and the shares of the parties de
termined according to the provisions of
an unconstitutional act of the legislature.
2. A widow who succeeded to a home
stead valued at $2.0no for the purpose of
procuring the absolute title thereto paid
the heirs $-g.6fi, which they accepted, be
lieving that such payment vested the ab
solute title Ir. the widow; the heirs re
tained the. payments so made and remained
silent for more than ten years. Held, that
the heirs are estopped from pow assert
ing title to the homestead against the
widow's grantee, who purchased m good
144." Von Haller against State. Error.
Dougiaa. Affirmed. Ijetton. J.
1. Where the evidence has not been pre
served by a bill of exceptions, the pre
sumption Is that Instructions to the Jury
which refer to the testimony are based
upon and supported by the evidence in the
1. Instructions set forth In the opinion
examined and I ed not erroneous.
14J3&. Larte 4galnt Inlnger A Metcalf
Company. Error, Thayer. Affirmed. Ames,
C. Division No. 1
I. t'pon an examination of the record It
Is held that the nwt'ers in Usue were
fairly submmed to the Jury upon the evi
dence. 14.11. Parkins against Missouri Faclffc
Railway Coihimht. Ar peal. Sarpv. Re
versed and rrmanded. Albert, c. Division
1. Where a per'? falls to test the suffi
ciency of a pe( it.cn by demurrer, but an
swers to the merits sad proceds to trial
on the theory that It tenders a certain
Issue, which Is litigated and submitted to
the Jury. If hV any reaaona-le construction
of the language the pleadings can be con
strued to raise s icli Issut Uey sill be held
to do so.
1 Kvldence eismlned aid held sufficient
In sustain s Pricing that the commodity
which the pIslnti.T mi able, ready snd
willing to deliver. In purs n -e of a con
tract of ale. answered the requirements of
I In sn action for breach of '-ontrart for
refusal on the part me vendee to sc
ent the goods teaderrd the iburdcn ot proof
i it i i i
THE RELIABLE STORE
Ladles' Crown Buita For which
we have the exclusive Omaha
agency handsome in material,
elegant in design; sold regularly
throughout the United States and
Canada at $35.00 to $42.00
Handsome Tailor Suit In fine
Panamas, silks, velvets and
t In fine
broadcloths, sold regularly at
$25.00 and $30.00
Stylish Tailor Suits $15.00,
$18.00 and $20.00
values sale price. .
Aobby Tailor Suits In silks,
moires, nun's veilings, voiles,
etc., garments the equal of those
vou've seen priced in Omaha at
$15.00, $18.00 and $20.00 a
new ahipment just received; will
go on sale Saturday C AC
at, choice D,JD
Most remarkable bargains ever
Women's Skirts Worth up to
$10.00, In stylish checks, plaids
and stripes, newest col- M Q f?
ors sale price HttJO
Women's Covert Coats Worth
to $7.60 in this sale,
Crystal Vases, plain or colored,' from 12 to
IS Inches high, your tfic
choice Saturday ivJW
FANCY SHELVE PAPERS In all O
colors. 10 yds for
Decorated Pinnerware, cups, saucers,
plates, bowls, fruits, sugars' and creamers
cake plates, etc., (S
Patent stopper bottles for root T-Zr
beer, at do 4
Wine Glasses, J
each SETS OUR NEW LINE OF HOLLAND
that the goods tendered met the require
ments of the contract is upon the plaintiff.
4. Where the goods tendered do not meet
such requirements the vend' may refuse
to accept them, and is not required to as
sign any ground for his refusal.
0. Where a party pleads and relies upon
an estoppel the burden of proof Is upon
him to establish the facts upon which the
estoppel is based.
8. In an action for breach of contrnct of
sale for refusal on the part of vendee to
accept the goods, where the vendor pro
cures the goods from third parties, the
measure of damages Is the difference be
tween the cost at wnicn pontiff could have
procured and delivered the goods at the
time and place specified bv the contract
and the contract price, with Interest from
the date of the accrual of the action. Wit
tenberg against Mollyneaux, f9 Neb.,
denying the right to interest for breach of
7. In such cases the computation must be
based upon data furnished by the plead
ings and the evidence, and If they fail to
furnish said data, no recovery can be had.
beyond nominal damages.
14514. Ixiar against State. Error, Gar
field. Affirmed. Sedgwick, C. J.
1. In a trial for statutory rape, admis
sion by the defendant showing that he
planned and procured an opportunity to
commit the act charged, with evidence of
familiarities between them, furnishes suf
ficient corroboration of the gin s positive
testimony to support a Judgment of con
viction. 2. Affidavits found In the flies of the case
or attached to the transcript cannot he
considered as having been used In support
of a motion for. new trial unless they are
included in and shown by the certificate
of the proper officer to be a part of the bill
of exceptions, and to have been actually
used In evidence upon the hearing of
K653. Middlekauff against Adams. Ap
peal. Dawson. Affirmed. Jackson, c di
vision No. 2.
1. Evidence examined and held to sustain
the conclusions of the trial court.
14597. Dempsey against Stout. Error,
Douglas. Affirmed. Sedgwick, C. J.
1. A complaint which alleges that the de
fendant "having in his possession, solely
for his own use, aa his own property, to
bacco and a paper commonly known as
cigarette paper, did place certain of said
tobacco within said paper and did proceed
to roll the same Into form as a cigarette,
solely foi his own use," does not charge
the "manufacture" of cigarettes within
the meaning ot the statute.
14620. State eg rel Bishop against Dunn.
Appeal. Incaster. Reversed; writ de
nied; rase dismissed. Barnes, J.
1. Statutes In pari materia should be
construed together and their provisions
harmonized, if possible, and where the
conflict between them relates to an imma
terial matter, such as the name or title by
which an officer shall be designated, such
discrepancies will be disregarded by the
2. The city council of a city of the first
class as a legislative body has the power
by ordinance to establish and adopt suit
able rules for Its own government In mat
ters of procedure, and such rules, when
adopted, wrll not be set aalde by the
courts unless they are directly or by neces
sary Implication In conflict with some pro
vision of the statutes.
3. Mandamus will not lie to compel the
The Old English Candy
The tsste of Mackintosh's Toffee Is
like . Companon stops right
there. For there is no candy to com
pare with Mscklntosh's Toffee for de
Se 4 lo ssrksse, At all dealers.
Jets MackiBttek, II Budtoa St.. Htm Ysrk
For y"""""sv From
BOYS f -r:i SIX
and I a to
GIRLS J SIXTY
Women's $10.00. $12.00 n PA
'and $15.00 Covert Coats . JU
New Silk Etons Specially priced
for this sale, at 912.BO,
910, 7.50, 93 and. . .
Women's Waists The entire sur
plus stock of Meyer, Goodman
& Levi, Broadway, New York, on
Beautiful net, lace and Jap silk
Wnists, worth regularly up to
$7.50 choice QO
Pretty lawn, batiste, lingerie and
organdie Waists, trimmed with
dainty laces and embroideries or
tucks, worth up to
$4.00 sale price. .
Lingerie and lawn Waists, lace
and embroidery trimmed, worth
up to $2.50 sale tlQ
price J DC
From 8 Till 0 A. M. Women's
75c Wash Under
skirts From 8: SO Till 9: SO A.
From 0 Till 10 A. M.
From 9:30 Till 10:30 A
Women's $2 moire and
Omaha's Meat Saving
Broilers, each 35c
Rolled Beef Roast..... 6l2c
Pot Roast v 7y2c
Boiling Beef 2y2c
Veal Stew 5c
Veal Roast 7y2c
No. 1 Hams 10c
No. 1 Bacon I2V2C
president pro tern of such city council to
preside over the meetings or that body
and appoint its standing committees, where
that duly Is neither enjoined upon him by
statute nor by ordinance.
The following opinions were filed on April
13840. Johnson against Hayward. Appeal,
Howard. On rehearing former opinion ad
hered to. Duffle, C. Division No. 2.
I. A broker whose undertaking merely Is
to And a purchaser at a price fixed by the
seller, or at a price which shall be satisfac
tory to the seller when, he und the pur
chaser meet, is In reality only a middleman
whose duty Is performed when the buyer
and seller are brought together.
ISfWS. Lancaster County against State. Er
ror. Lancaster. On rehearing former judg
ment adht red to. Sedgwick. C. J.
1. If one having a cUilm against the state
1'nntint nrnaeente the km me without leave Of
the legislature or one branch thereof, the
statute of limitations will not begin to run
1 against an action on such claim until such
leave to sue the state has been given.
2. State taxes in the hands of a county
treasurer are the property of the state, and
If loat without fault of the county the
county Is not liable to the state therefor.
2. If money belonging to the state In the
hands of a county treasurer Is by him de
posited In a bank tha,t has been designated
as a depository of county funds, and is lost
by a failure of the bank, it is not the duty
of the treasurer to use the money of tho
county to make good the loss to the state,
and his action In doing so without authority
from the county board will not estop tho
i county to recover the money from the state.
14028. Herpolsheimer against Christopher.
Error, Lancaster. Reversed and remanded.
Jackson, C. Division No. 2.
I. A contract will be treated as abandoned
where the acts of one party. Inconsistent
with Its existence, are acquiesced In by the
15. Keeland against Weigley. Error.
Clay. Affirmed. letton. J.
1. Where the only ground alleged for the
Issuance of an attachment Is that the de
fendant is a nonresident ha Is not entitled
to make a special appearance or to answer,
attacking the Jurisdiction of the court upon
the sole ground that he Is not the owner of
the property seized under the writ.
2. Welch againBt Ayres, 42 Neb., S26, mod
141.t8 V. 8. Fidelity snd Guaranty Co.
against Rieck. Error. Douglas. Reversed,
with directions to dismiss plaintiff s peti
tion. Oldham, C. Division No. 1.
1. A Hurety on a waste bond given to su
persede an order of confirmation of aale In
a foreclosure proceeding Is not liable to the
mortgagee, nor to th purchaser at the
sale, for the .taxes assessed against the
property pending the final confirmation of
the sale In the supreme court.
141. Petersen against Petersen. Appeal,
Douglas. A mined. Ames, C. Division
1. When in an action by a wife for a
divorce the parties become reconciled and
resume marital relations before Issue
Joined. It la not error for the court to
dismiss the suit at the Instance of the
plaintiff, and for temporary alimony, which
the plaintiff's attorney is not entitled to
revive, by means of Intervention, and
prosecute tor nis own nenent.
14174. Lancaster county against Rrown.
Error. Lancaster Affirmed. Ames, C.
Division No. 1.
1. On an appeal by property owner
from a county board of .equalisation to
the district court, on ths sole ground
that- his property has been valued for
taxation at a sum In excessnf Its rest
value, the sole question to be trifrt is
"what was the actual vslue of the pw p
erty In the market in the ordinary course
of trade?' This question Is to be tried
in such a proceeding, in the same mannei
in which similar Issues are tried In ordin
ary adversary anions betw.en private
persons, snd evidence tending to show at
what sums other similar property in thx
neighborhood had been valued for taxation.
In the aame year, by the assessor and his
assistants and by the county board of
equalization. Is incompetent and Im
141S0. Wlillts against Wlllits. Appeal.
Harlan. On motion, $100 allowed appellee
for attorney's fees In this court. Albert,
C Division No. i.
141S4. The Cnlted States Fidelity and
Guaranty company against Mclaughlin.
Error, I master. Affirmed. Epperson, C.
Division No. 1.
1. A bond given for the faithful dis
charge of the duties of one legally en
trusted with stats and county funds Is
an official bond, and the statutory pro
visions relative thereto enter Into and be
come a part of the contract.
14222. Kannow A Sons against Farmers'
Co-operative Shipping Association. Error,
Harlan. Affirmed. Dufhe, C. Division
1. The contract upon which suit was
brought described the plaintiff as Farmers'
Co-operative Shipping Association of Alma.
Neb., its true name being Fanners Co
. r T-r
iff if i i i" w iiksk
MKN'H SHIRTS Al DR.WVKRS The entire surplus stork of a well f
known manufacturer, worth nn to ! per garment, at 8r, 2.V and 1 JC
MENS COM HI NATION Sl'ITS Worth up
to 12.50; during this sale, at C
$1.50 and V-
MEN'S SHIHT8 AND PRAWERfl-ln fine
lisle, worth regularly ll.no per 7"C
MEN'S SHIRTS A stock which. In variety
and quality, has never been equaled in
Men's SOc Shirts 39c
Men's 11.00 Shirts
Great Clearing Sale of
In order to mane room "
are making special price reductions on
..... , v. M mm
Men s Sample Felt Hats,
to 13. no at ii.t'u aim v.'
Men s Sprlnr Capa. worth up to 10c
at 50c and
Champion lf) hats In this sale
We have Jut come Into possession of a large assortment of Rcnutne Pa
tel This class of work ranks with oil and water color production; and a
areat many JmlEes of such things prefer the Pastel on account of the soft col.
orlnK and delicate shading. We are pleased to be able to offer tlilnRs. work
of art. nicely and appropriately framed at a minimum of their real value.
. .. . 1 1. .....,' fiomen. 1 Hnei ll number for Saturday. Ix0(l framed
r-BKiei in (in. " ' 1
siio 10x12, at, 8.K- VOC
Pnstels in gilt frames, slxe Sx20, f .50
Tastels In gilt oval frames, slse 2.95
Itix.'O, at $3.5(1 and .
Pastels In handsome 'nloed gilt ;l H5
frames, slie 11x24. at w
Read These Drug
Colgates' and Williams' Shaving Cc
WITClt HAZEL, Iftc
RI'BBER GLOVES KOr
Packers' Tar tCr
White Rose or Glycerine lOn
(4711) Soap -JS
Orange Flower Skin I fir!
Four Hosiery Specials
LADIES' HOSE In fancy embroidered
and lace effects, regular
50s qualities, at 3 pr for $1.00., pr.."0
LADIES' FANCY LACK HOSE-In blacks
and whites, all the latest pat- OR
terns, worth f0c, at pr ""v
MISSES' RIBBED HOSE-Wlth double
heel, knee and toes, worth 30c IOr
pair, at pr
LADIES' AND CHILDREN'S HOSE In
plain and fancy colors, worth fft
19c to 30c pr., at pr 15e and I WW
operative Shipping Association. Held that
If a misnomer it was Immaterial under the
circumstances, as the record and tho cir
cumstances under which the contract was
made were conclusive that the defendants
knew the corporate body with which they
contracted and did business. 1 Thompson
on Corporations, Sec. 294.
2. No proof is needed of admitted facts.
3. An expert accountant may testify to
the result of an examination and" computa
tion of complicated accounts, the books,
checks or memoranda making up the ac
count being first Introduced !n evidence.
Bee Publishing Company against World
Publishing Company, G9 Neb.. 711-722.
14202. Hnlllday against McWIlllams.
Error. Harlan. Reversed and remanded
with leave to defendant to answer. Duffle,
C. Division No. 2.
1. The written contract required by
section 10258 Colmey's Annotated statutes,
may be evidenced by letters passing
between the parties.
2. Where such letters contain data from
which a description of the land placed
with an agent for sale or barter can bo
ascertained with certainty, the contract
may be enforced.
14204. Maryland Casualty company
against Rank of Murdock. Error. Cass.
Affirmed. Epperson, C. Division No. 1.
1. A written offer to confess Judgment
In favor of the plaintiff, filed by the de
fendant in an action to recover money, is a
general appearance which will give the
court Jurisdiction over the person of the
2. Evidence examined and held suf
ficient to Justify the trial court In sub
mitting the case to the Jury.
14219. Vogt against Rlnder. Error, Thurs
ton. Reversed with instruction. Jackson,
C. Division No. 2.
1. Proceedings to revive a Judgment
should not lie had In the name of an ad
ministrator, except where the administrator
has sucreded to the rights of the decedent.
14223. Martin suinst Martin. Error.
Thayer. Affirmed. Duffle, C. Division
1. All Instructions should be read to the
Jury in open court, and where, after retir
ing! the Jury desires further Instructions
on the law of the case. It should be brought
into court, there to receive such Instruc
tions. If in answer to a request further
instructions are sent to the Jury room
bv the bailiff In charge, the record should
show the consent of the parties to this
2. One who has acquired absolute title to
land by adverse possession for the t.itu
tory period, does not Impair his title by
thereafter paying rent to the owner of the
3. AS oetween tne parties a nerq tu real
estate not a homestead is good without
4. A delivery of a deed by the grantor
to a third person for the grantee, with
directions to deliver It to such grantee,
constitutes a sufficient delivery of a deed
14223. Moodern Woodmen of America
FIERY ACIDS IN THE BLOOD
All skin diseases are due to the same cause an excess of acid in trie
blood caused by faulty assimilation of food and poor bowel action ; tht
fiery acrid matter is forced to the surface through the pores and glands, i
Pustules are formed, discharging a sticky fluid which dries and makes a crust,
causing intense itching. When the crusts or scabs are scratched off the
fik in is left raw and bleeding. jaar Sirs-Mr body broke out with a
Sometimes skin diseases are in the "h or which tn spite of all
. , . . ; , i . efforts to cure continued to get worse.
dry form, ana bran-like scales come on The itching, especially at night, was
the flesh, or the skin becomes hard and lmp)r terrible. I had trisd many
dry, often cracking, and the painful Sh&
itching causes acute suffering. It mined to a-lve It a fair trial, and was
does lot matter how the trouble is ittfS&Sllfiff? U
manifested, the cause is the same an iSscondido, Oal. L. MAb.NO.
excess of acid in the blood. Salves, powders, cooling washes, etc., while they
relieve the itching and give the sufferer temporary comfort, cannot cure the
trouble because they do not reach the acid laden blood. The best treatment
PURFLY VFnFTiim C an burned by the fiery fluids, is nourished by
i wiu.1.1 V CUC I MUL t. a SUppiy 0 cooling, healthy blood. Special
book on Skin Diseases snd any medical advice desired will be furnished
without charge. 77f SWIFT SPECIFIC CO., ATLANTA, CAm
I IJJ fit-fk
.iiir'ifif lit ivirrii .a v
Men's $1.60 Shirts 98C
Men s $2.(10 Shirts-
MUX'S NKCKWKAR that would sell re.
ularly at 75c and $1 00; In this K()r
MKN'8 NKCKWKAR-ln all ths newes
e;vlcs snd patterns, regular SOc values
greatest liargatn of the season 50l
at. choice (
MKN'8 IIOSK The entire surplus stock t,
a manufacturer, worth tip to noc rn
In four great lots at. pair. iV, Kg
l.';c, 10c and
, a ... i .......... ...... ... am atiw-li nf Ktravr Tlsfs we i
" - - i
all lines of spring goods Saturday. (
, T rr, ,s, ul di.,1 Ttonr hats RfttlirdSV Ct
Imperial and Tlner hats, Saturday 2 50
$0( Cow Hide pilt Cases, with A (5fJ
shirt Told, special
$Ti.oo Solid Leather Suit Cases. ft Rfl
special, at J,OU
'. ,.. t.-,i.. r:. ,..l t ,,,,.1. -
scape subjects, at, each I.vlil
HandHome framed Fmlts and
Game picture at
Christie and Chandler framed
reproductions $1.6) and
Insure the defined waist line required hy
Fashion. The stynsn gown snouin on
it.r over such a model. R. & G. Corse, s
nre perfect titling and always hold their
shape they re mane tnai way III I
high and low bust $3.00 to l.VV
Kverv Vair cunranteen.
Se the new R. & G. Lingerie Corsets for
wear with summer waist a.
A CORSET SPECIAL.
An Immense sample line of Corsets and
Girdles. In plain white or colors hose,
supporters attached, worth up to C?f
$1.0o at 50c, 39c and -mus
against Wilson. Error Pierce. Affirmed.
Albert. C. Division No. I.
1. Questions In an application for Insur
ance which, with the nssurcd's answers
thereto, are made a part of the contrart
of Insurance, are to be construed most
strongly against the Insurer.
2. Where such questions are so framed
or placed that the assured may have hon
estly mistaken their true Import, and gave
answers thereto which are in fact untrue,
but true as he may have reasonably un
derstood the questions, It is for the Jury
to say, in the light of the entire transac
tion, whether In making his answers he
acted honestly and In good faith and with
out Intention to misrepresent or conceal
any material fact.
3. In answer to a question In such appli
cation, calling for the name of the ail
ments for which the assured has been
treated and the names of the physicians
who treated him therefor, the assured Is
not required to give the name of every ali
ment, however trifling, or of every phyal
slan he has consulted, but may confine his
answer to such ailments as are of a se
4. Evidence examined and held sufficient
to sustain a finding that the answers of
the assured were given honestly, In good
faith and without any Intention to deceive
142ll. State of Nebraska against Several
Parcels of Land (Redlck). Appeal, Doug
las. Affirmed. Epperson, C, department
I. Proof by affidavit required by a city
ordinance of the publication of a notli
to nonresident property owners to con
struct sidewalks Is not conclusive; but the
fact of publication may be proven by other
I. I'nder a city ordinance providing that
the city council may cause the construc
tion of certain sidewalks along the street
line of lots belonging to nonresidents and
aases the costs thereof to the property. If
the same were not constructed by the
owner within fifteen days after. the publlca-,
Hon of a notice to him, the city council!
obtained the right to construct such lm-
provements and assess the costs thereof
even though the notice named a date for
the construction thereof by the owner less
than fifteen days subsequent to the last
publication. The provisions of the city
charter and ordinances become a part of
the notice, and the property owner la
14693. State, ex rel., Cre against DrexeL
Appeal, Douglas. Ames, C, Division No. 1.
13694. State ex rel Solomon against Drexel.
Appeal. Douglas. Affirmed. Ames, C, Di
vision No. 1.
to New Haven. Conn., from Chicago dl
rect and via New York City, June 2d,
Sd, 4th and 6th. Extended return limit
June $0. Write Nickel Plate Road, room
298, 113 Adams street, Chicago, for particulars.
. . , ,
T7 J TrT fTK
lor all skin diseases is b. S. S., a remedy that
is purely vegetable and one which acts directly
biooci witn a cleansing, Healing ellect.
that the skin instead of being blistered
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