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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. eeoDndl 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 t. choice 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 w-Hh pair, Phoea, made to retail at VZ.Z-i a ( west ,room ) Man's Taa $3.60 Bluchers for Man's B3.S0 Pateat Colt Button or Blocker vxforas Uaioa Mad.. Mn's Sample Crow. $3.00 Ox fords, all Goodyear wolts 1.96 ...$3 1.96 Women's V2.S0 patent colt Olbson Tias and vlci kid of the same. In hand turn aoles, l-lnoh silk ribbon (2 ties 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 Sugar 1.00 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 Is Immaterial. 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 rendered. 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 fous 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 COLORADO Is via UNION PACIFIC FAST TRAINS. LOW RATES. Be sure your tickets read over this line.' Inquire at CITY TICKKT OFFICE. 1S34 Farnam Street, Phone ay If toe Children's Taats aad lace trimmed, worth sat ran" ara fully itZr. double. In thla sale at !5c and 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. Sec them. 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 and 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 rmzozs. 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 nn Be sure and attend this , great sale u ULAAU 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 choice O 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 each IOC 35c LAUNDRY BAGS, 11c each '5 25c NOVEL, great variety of titles. Er each 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 No. it. 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 fait h. 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 case. 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 No. I 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 eucfe contract. 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 "rnp nwrn 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 sale price Saturday 18.90 Handsome Tailor Suit In fine Panamas, silks, velvets and t In fine vets and sularly at 14.90 broadcloths, sold regularly at $25.00 and $30.00 sale price Stylish Tailor Suits $15.00, -$15.00, 8.90 $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 shown. 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, choice 3.95 China Department 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 choice at Patent stopper bottles for root T-Zr beer, at do 4 Wine Glasses, J each SETS OUR NEW LINE OF HOLLAND SUNSET WEAR. 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 contract, modified. 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 the motion. 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 courts. 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 MACKINTOSH'S TOFFEE 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 licious flavor. 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 J Be sure and attend this great sale 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. . . 3.98 Women's Waists The entire sur plus stock of Meyer, Goodman & Levi, Broadway, New York, on sale Saturday. Beautiful net, lace and Jap silk Wnists, worth regularly up to $7.50 choice QO Saturday .jO Pretty lawn, batiste, lingerie and organdie Waists, trimmed with dainty laces and embroideries or tucks, worth up to $4.00 sale price. . 1.49 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. Women's $1.00 Wrappers From 0 Till 10 A. M. Women's Kimonos From 9:30 Till 10:30 A Women's $2 moire and sateen Underskirts 35c M. 59c 19c . M. 95c up Omaha's Meat Saving Section 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 5, 1!: 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 other. 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 ified. w 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 No. 1. 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 material. 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 No. ! 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 Furnishing 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 garment, at MEN'S SHIRTS A stock which. In variety and quality, has never been equaled in Omaha. Men's SOc Shirts 39c Men's 11.00 Shirts ot 50c Great Clearing Sale of Men's Soft In order to mane room " are making special price reductions on ..... , v. M mm Men s Sample Felt Hats, irorth up 75c 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 at 39c '...$2 Picture Department 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 KIIU Pnstels in gilt frames, slxe Sx20, f .50 at 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 Prices Violet Re Talcum ' Colgates' and Williams' Shaving Cc Soap t,w WITClt HAZEL, Iftc bottle IUC RI'BBER GLOVES KOr pair OVW Packers' Tar tCr Soap White Rose or Glycerine lOn (4711) Soap -JS Colgatea' Tooth I'owder " Orange Flower Skin I fir! Food Florida f)r" Water 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 defendant. 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 No. 2. 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 procedure. 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 paper title. 3. AS oetween tne parties a nerq tu real estate not a homestead is good without being acknowledged. 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 of conveyance. 14223. Moodern Woodmen of America n us 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 (rX (1 on me blood so 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 s Bargains Men's $1.60 Shirts 98C Men s $2.(10 Shirts- at v' MUX'S NKCKWKAR that would sell re. ularly at 75c and $1 00; In this K()r sale, at 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 Felt Hats , 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 vainer $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 69c 65c TA?ERlNGWAfSr RG CORSETS 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 rious chararter. 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 the insurer. 142ll. State of Nebraska against Several Parcels of Land (Redlck). Appeal, Doug las. Affirmed. Epperson, C, department No. 1. 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 evidence. 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 bound thereby. 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. Cheap Ttate 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