THE BEE: OMAHVTf'-M'- .TAXfARY 3. 1911.
OMAHA LIYE STOCK MARKET '
Cold Weather Shut Off Balk of the '
HfCfints
KOT ENOtlGH TO MAKE A MARKET j
Tlt mell tmoill of lnpk of A II ;
f 411
Kinds (rrltlni Mrft v Ilk HnK'
Ready ! liooH,
StreaK Prices.
HOITH OM 1IA.
err: Cattle.
Jin. 2 mi.
Itnva. PhP I
1.!4 tlf' !
Vstlmate Mnndav
Hams day last we. k
Karne dav 2 weeks ngo.
Fame ilavn .1 -ik PC i.
Hutiifl day 4 weeks agi.
Isame rinv lflrt irar
1."0
1.2M
4 r,T
n?
1.79
4 4i r
fi.31'5
a..T'7
K I
t.itj i
.l.o-R
The foliowlng tablp shows the rpcetpts of
rattle, hoss and sheep at Smth Dmah
for the year to r!a: as cmpi'
last vrar: 1M0. !W. mc
Cn'lie I ?
ling I. AM 6'4
Ch.M. " 2 772
Dec.
4 "00
6.012
The following tabla snows th averng
prices of bogs at Fouth Omaha for the las.
several daya. with comparisons:
i "t 77. T 1W.1 1W ilH.l!'J. UttK.jlMft.'lW-
Ipp. 24. ..I 7 117'i;
JIpc.
I 'PC. 2. . . 7 73
Ipc. 27... 7
Dpc. 28... 7 70
1pp. 29... 7 M'.fcl
Ipo. W)... 7
Jpp. 21... 7 71
Jan. 1...
Jan. 2... 7 85 I
S II! 471 4 l 131 " J
H as I
5 ' 4 a! J ORI
I HO 14 23 15 8 )i 4 M
S K 6S 4 44 6 1! 4 Vl 4 54
t 31 5 M 201 6 00 4 Bl
8 6 40 4 69, I Wl 4 W
8 211 8 Mi 4 33l 241 I 4 47
a W 4 3f 241 S 141
t 70 4 3 6 2l 6 U 4
Sunday. Sunday and Chrlatma.
Ilpcflpta and dlapoaltlnn of live atork at
th 1'nlon Block yanla for twpnty-fwir
hour pndine; at i o'rlovk p. m.:
rattip. uug. ouppp.
C. M. 8t r. Uy 1"
I nltin Pariric R. K 2
4'. A N. W. P.V., paat.... 1
C A N. W. U.v.. wpat... 2
C, St. P.. M. AV O. Ky.. S
., H. A g. Hy., past.... 4
C. II. g. Ky.. WPBt... U
4'.. H. 1. Ac l". Ky.. paat. ..
llllnola fpntia! Hy 1
4 3
8 4
1
' ..
t
1
4
24 17
1 was as
Total
DlKpnaltlon of Block
. 34 ,
ppr
head
follow:
Omaha rarklna; Oo...
Hwlft 'o
Cudahy T'arklnit 'o..
Armi'iir A 'o
Murphy A Co
KllriP I'hrlaty
W. H. Vani-ant Co....
f)tpihpna Hrwi
Hill A Son
K. K. lypwla
Huaton A l'o.....
J. H. Mu'la
Mo. A Kani". t'alf Co
Otner buyprs
C'attlP.
.... m
.... mi
.... 84
.... R2
HoR-a. Bhppp.
44ii
224
476
1.JK6
211
tS
41
2
H
13
III
82
40
Totals..... ;. OT7 1.S81 2.344
CATTI.R Receipts of cattle were ex
tremely light this morning, only about a1
dorn cars being in a nht. allhougn about
forlv-iwo cars were reportPd back, with
the prospect that they might come string
ing In all day, whilo some of them would
not arrive at all. With so few cattle on
sale, there was really nothing to Intercat
bujfin or to make a marks-t. Aa there
not enough cattle to make a kill ng
for any one pneklnR house, buyers were
not especially anxious for ' supplies, j et
whr.t Jew there were help generally sold
quite rradlly at prices ranging anywhere
fn.in steady to 10c higher as compared
with hisi week. In view of the severe
storm, however, 't w II . bo readily under
stood by shippers that cnttlp were all
sin unk up. nnd hence did not fill well, so
that In reality even though 10c may have
been put on. the cuttle really brought no
more money.
Quotat'nna on cattle: Good to choice beef
ateers. t0iKir..(j0; fair to good beef ateera.
$i VtyfJ.CO; common lo fair beef titpera. $4.7u
Jto.lfi; fair to good cows and heifers, $3.fi.Vtf
id. 40; good to choice cows and heifers, I4.7R
tuG.15; common to fair cows and heifers, jli.OQ
n.i 6ft; good to choloe atockers and feedera,
4.iXHr,.C; fair to good atockera and feed
era. 3.8i'fi"4. W; common to fair Blockers and
feedera, 3.00(i3.ii; ntock heifers. $304.15;
ei ealvcs. 3 K(iS.0-); bulls, stags, etc.,
13 S'ttti u
ltepresentatlvp s:
BKEF HTF.KR9.
No. at. Pr. r No. ' , A. Tr.
12 1M5 6 SJ SJ ,....1417 It
14 HV,7 I .V 84 U.S1 40
i Ilttl I tO
1 CII0 IS 1 M0 4 0
1 10H3 tin io; 4 J5
I WOO W 1 1250 4 SO
4 I7 I 10 14 4 46 "
1 llM 4 16 1 1124 4 7o '
1 -V. 4 11 t H?S 4 II
1 1.U0 4 10 1 14V) 4 (0 '
1 11 t M . 1 1(10 4 (0
1 14'0 4 3." 1 MM 4 (6
I Ul 4 40 1 17'KT 4 4R
1 110 4 M I I4( 4 TS
HKIKKKS. .
1 400 4 lb t 1 4 4 40
1 MO 4 AO I .V 16
1 7U 4 ID
CALVES.
1 110 I 11 li s 4M 4 40
17 271 S 75 4 J.10 6 00
14 174 4 10 1 HO I k)
10 Si 4 45
8T.OCKKKS AND FEEDERS.
15 7S2 4 74 1 7M I IS
I I. (74 4 M ' 10 10 I 40
1 440 I 00 ' .
HOOK The market for hogs ruled a dime
higher, If the sale of ten or twelve loads
of material can qualify aa a quotable
trade. Offerlnga during early rounds were
limited to the number of loads above
notod. aa Incoming freight aervlce waa far
behind In Ita schedules on account of un
favorable weather conditions. Rilht
around tao dozen leads were posted, actual
receipts clearing within a short time after
the opening- of the market.
1 .Ik Ins sul.l at the high figures, as usual,
good bacon hops bringing us much as $7 OS.
'I hs few other loads of mixed and heavies
brought leaser prices, but ahowed the full
advance as. a rule. . Oood heavies sold
around 17.70. with mixed at Intermediate
levels. Shippers and packers were both
represented In buying circles, but the lat
ter class of .purchaser took most of the
offerings.
Itepreventatlve sales:
Ns. at. (k. P. Ka, at. Ba- FT.
W 1M 7 17'. r7 Mai ... T as
47 S"4 ... 7 SO ti 141 .... 1 li
44 141 .,.'! . J.VS 40 7 44 '
U 24 ... T M 48 Hi ... 7 40
4 tit 44 T 14 ' M lut, ... IH,
RHRKP-Only a few doubles and singles
cf fed sheep arrived this morning and.
despite the fact that today Is being cele
brated as New Year's by several of the
regular buyers, prices ruled strong to fully
a dime higher with clearance early. No
broad test of the trade was indicated by
actual aalea, of course, but better Inquiry
at leaat gives the balance of the week a
promising appearance.
Wethers sold up aa high as 14.13, which
price. Is all of a quarter higher than ex
treme quotation at last week's close. Ewes
commanded JlSft, but they were good ones
and a 14 limit for atrlctly prime grade is
attvuhing tne market a little, perhaps, to
ol'taln even money. Yearlings brought as
much as 14.90, Just about steady with year
ling prices during the early part of lust
week.
l.ate trains were doe to bring in two or
three other consignments of aheep aa blls
sardly conditions delayed traffic on all of
the roada considerably, but early arrivals
did not produce anything In the way of fat
lambs, this branch of the trade remaining
nominal. - The market for feedera waa also
lifeless, as there was neither a supply nor
a demand.
V)uutaliona on aheep and lamba: Good to
tlioiee light lambs, V1.fe.4cS 10; fair lo (oud
lambs. .". Ju'j 6.s0; handy weight yearlings,
44. ..'.no. 16; Iw-avy yearlings, H.isj4.7i; good
to choloe wet here. I3 !g4.15; fair to good
wethers. 13 &Oi3.S0; good to choice ewes.
U is ,i4.A: fair to good ewea. t3.163.E0;
kiievp, culls to feeders, tl.boylio.
Lite Stork tioaalp.
Those marketing cattle weie E V Imls,
Woodllne. la.; W. V. Ciafrd, Uaatlngs.
la ; K. B. eiummell. Colome, S. 1. ; It.
Id'nneH. Vnderwood, la ; J. M. Keyte, Red
oak. la.; l. O. Corner. Gray. la.; ham
OsskllL Irwin. U.; H. Buck, H. Wllklns.
West Side. la.
The following were In with hogs: Denton
A I'.. Carson, la.; W. A. McDonald, Bug-
ley, la.
J. itarr. a well known stockman of Man
ning, la., marketed cattle an dhogs to
day.
t
iui tltr I.le Hlvrk Market.
KANSAS CITY. Mo.. Jan 2.-CATTLK-
r.eceipis. DOuu head, including 4ul south
ems; market, swady to 15c higher; dressed
Urt ard export aleeia. $5 Soeiii.jO- fair to
food. 5 Oika 5 SO ; western steers. I4 7uj'i;
s'O'Jii'rs and feeders. 14 0 kin 55; southern
1 nit llbMi'O southern cows, t-t li. 04 io:
r-"v rows 30rw,f,ie: native heifers. $4 W
I '0': bill's. $40(i5JK: ralvea. $5 iitX M.
l.O(..- Receipts. i.M head; market, 5c
h cher: tvlk or sal
, y, mi,; (o; ,,rvr. nn
.'IICKf aril LAM R.- Receipts. U.iVv
J-'. WTS. m.
i
'.in: wethers H vhh r.: m, ( Vili
Mmkprs and feeders, $. OfVfi J.75,
,,. ,,.,." ,.,; .cU M.rket.
T. LOtlS Mo Jan f CATTLE Re-
r, ,t ;i head. Inrludlnir Mi Texana;
mnikft. strong, native hlpplng and ex
1 oi l steers. $ .Wif 7.2T: ressed beef and
butcher steers. 7 "; tc ra under l.''
M,unds. JL",.Ki 7.2f; Blockers and feeders,
MTifjfiX.; cows and heifers. UTAH'S:
rnnnrra. 12 7Si.1.2": bulla IS .VOtiri.25: ralves,
."i.Jffl i0: Tptah ami Ind an atpra. Il.i
i; Hi; f nwa and hplfrra. t l.nOi 4..W
Ill x;s--Horrii. hnd: marltrt. 10p
l'l(thr; p ra and llRhta. 17. ,VfiS.nc; packer
'"".I'K'-'iis.J); biarhcra' and bt hfaw. HO
io Mr, ! ,x "
IIEKP and UMHK Rwplpt. 2 1M
hpnd; market. 10t- to !' lilehr: nallvp mut
tnna. f.1 Vi4 2.".: Iaml. ITi 50ni M: pulla and
burka, 2 i3.fl0. Blocker. $2.3f!i3.2.V
t. Joseph Live fttock Market.'
PT. .TOSRI'M. Jan. 2 CAT TLK Tlecp pts.
1.2 hesd. Market stronu to 10c higher;
utrera. Vt.Wa''i: cows nnd heifera. 13 :t
S.n: ralves. 4 no-fjVMV
HOi!S--Keerlns I.2H0 head Market 5e
lilKliei I ton. I7.!KI; bulk of ales. fi.WHI.K.
6HKErANI I..AMHS rtecptpts, S" head.
Market steady to strong; lamba. WOO.
OMAHA WIIOV.K.SAl.t: PRICKS. .
BUTTER tJreamery, No. , tellvered te
the retail trade In l ib. cartons, Slo; No. It
In ae-lb. tubs. 2c; No. 1. In l ib. cartons.
I9u; parking stock, solid pack. 19c; dairy,
In GO-lb tubs. 224rjla. Market changes
every Tuesday.
CHEESE Twins, l4jl7c; young Amer
less, ltlc; daisies. 17Vc; triplets, VvjC; llm
huiger, ISc; No. 1 brick. . 17c ;lmported
Fwlss. 32c; domeatlo Swiss. 24c; block. Swiss.
lc.
I'OL'LTRY rressed broilers, under 2 lbs.,
15 011 per dox. ; hens, 12'4c; cocks, 10'c;
uucks. lHc; geese, 14c; turkeys, 23c; pigeons,
.er doa., 11.20; homer siuabb. per dos. .14.00;
lar.cy squabs, per dos., 13. 06; No. 1 per
Uox., 3.0u. Alive, broilers. It"; smooth legs,
Ohic; hene, K'o'J'jc; stags and old roosters,
be; old ducks, full feathered. 10'c; geese,
full ftathered, lie; turkeys, lJ&l&o; guinea
lowls, 25c each; pigeons, per dos., Sto;
homers, per dor , U00; squabs. No. 1, per
dos.. tl.&U; No. 2 per duz., 6O0.
FISH-tall frcten?e-rickeil. 11c; white,
ISc; Plkt. 14c; trout. 14c: large irappies.
fOc; Fpanish mackerel. 1Sc; eel. Jtt, had
dock, lZc; flounders. 13c; green cattish. c;
roe hud. 1 1 0i euch; ahad roe. per pair,
66c; frog lege, ptr 4oi ,' hoc; salmon, 13c;
halibut. 11c.
BEEF CUTS Ribs: No. 1. 1; No. I.
12'tC; No. 3. I!c. JOlns: No. 1. 17c; No. 1
lJtte; No. . Vc. Chuck: No. 1, 7S No. X,
luc; No. I. 'tc Round: No. . sc; No. a,
c; No. 3. 7Uc. Pai: No. 1, fcc; No. X,
Ic; No . 6'.ic.
FRl'ITS Oranges: California navela, 80-90
aise. per box. 12.50; 12 inite, p?r box, 12.75;
smiill alzea. per box. li 00; Florida, all sizes,
per box. 12.60. Iemons: L,lmonelra brand
extra fancy. 300 size, per box, $1 50; 310
size, per box, 14 50; choice,. 300 size per
box, $4.00; 3tM size, per box. 14. ; 240 size.
60c per box less. Grape fruit., Florida,
4G-64-l-KO-! sizes, per box. 13.2501. 40. Ban
anas, fancy select, per bunch. 2.2"fi i.O:
Jambo, bunch, I2.75ct4-3.7D. Tears: California
VMnter Nellls, per box. ?6; New York
Kelfer, per bbl., 13.751)4.00. Apples, home
grown cooking, per bbl., f 4.00; M'a
sourl Jonathan. per bbl.. $5.M): Mis
souri Hen Davis per bbl.. 14.2: M s
sourl Wlnesaps. per. bbl., $4 50; Missouri
Cono. per bbl.. 14.50; other varlPt.es, ppr
bbl., 4 00; New York Baldwin, per bbl.,
$4 75; Colorado Jonathan, er box.. $2.25;
Washington Wpalthy and Jeffrey,' per box,
ll.if); California Helleflower. per box.- $1 tiv,
Washington Grimes Golden and Jonathan
extra fancy, IM) lo 175 s zes. per box, $J. Ji.
l'lneapples, per caae. $4.R0. Grapea. Malaga,
V(iti5 lb. gross, per keg, $7O0ij8.0). Cran
berries, per box. $3 75; Bell and Cherrv
brand, per bbl., $10.00; - Wisconsin Bell and
Bugle brand, per bbl., $10.75. Dates. Anchor
brand, new 30 1-lb. pkga. In boxes, per
box. $2.00; bulk In 70-lb. boxes, per lb, Se.
Figs, new California. 12 12-os. pkgs. 85c;
Sfi 12-oz. pkgs. $2.40: 60 6-os. pkgs., $2.00.
Figs. Turkish, 7-crown. per lb.. 16c; 5
crown, per lb., 14c; 4-erown. per lb.. 13c.
V EGETABDEcS Potatoes, Early Ohio, In
sacka, tier bu 90o Iowa and Wisconsin,
w hlte stock, per bu., 76(ft85c. Sweet potatoes.
Kansas, per bbl., $2.50. Onions. Iowa, red
and yellow, per lb.. 2Vic; Indiana, white,
per lb., 3c; Spanish, per crate, $1.50. Garlic,
extra fancy, white, per lb.. 15c; 'red. per
lb., ltic. Egg plant, fancy Florida, per doz.,
$2. Celery. Michigan, per dos. bunchestf 36c;
California Jumbo, per doz..i bunches, tec.
Rutabagas, per lb., lic Cucumbers, hot
house. IMi and 2 dozen In box, per doz, $2.
Tomatoes. California, per 4-baaket crate.
$1.75. Cabbage, new, per lb., lo. String
and wax beans, per market basket. $1.50.
Lettuce. extra fancy leaf, per doz., 40c.
Barsley, fancy home-grown, per dozen
bunches, 40c. Turnips, per hu., 65c. Carrots,
per bu., 75c. Beets, per bu., 75c. . Parsnips,
per bu., 75e.
MIcSCEHLANEOT'S Walnuts. per lb..
24c; California, per lb.. 19c; in sack lota.
In less. Almonds, California soft shell, per
lb.. 17c; In sack lota, lc leas. Filberts, per
lb., 14c; In sack lots, lc less. Brazil nuts,
per lb., 13c; In sacks lots, lc lees. Pecans,
Urge, per lb., ltic; In sack lots, lc less.
Peanuts, ronstpd, per lb.. He; raw, per lb.,
Mc. Hlckorynuts, large, per lb.. 6c: small,
per lb.. 6c. Cocoanuts. per sack. $5.50; per
doz., 80c. Honey, new, 24 frames. $3.75. Cider,
New York Mott's, pur V-bbl., $3.75; per bbl.,
$i.75.
Loral Serarttles.
Quotations furnished by Burns. ' Brlnket
C Co., 4 New Omaha National bank Ouua.
tug:
" Bt.
Ceuncll Blurts Wattr Ce 4
Cits mt Orosna 4s. 111..; H4
tltr Nat' l Ilank B14t. . 1 t
Columbus, Nob.. BiM. Lt. la, 1114
Colorado Tal. Co. ipar. 40) u -
Xut St. Louis an4 Sub la. 1431 4414
Fairmont v rsamsrj 1st f. I par east M
Oanaral Motor pfS 1 par cant ...'. TI
Iowa foftiand Camanl 1st ta n
Kanaaa Cltr M. jsl. C. k 111 m
Wet. St. Hi. Is. lull . ,
Mirhlsan Slat Tal. la, 1M4 1 M
Omaba Oaa ta, H17 pry,
Omaba Watar la, 1444....- m
Omaba Watar Id pM pa
Oluaka Mi. R. s. 1414 H
Omaba A O B. SI R. la. ltji M
O. A C. R. it. Rr. pld. I par sain u
o. AC. B. St. Uy pid, aom u
Omaha Else. Lt. ' ana Foaar pfd ;
Pacific T. A T. la. 1417.' atu
Bock, Ml. Ball. Tal. Co 44
tnisa Stock Yan!a slock M
60. Ball T. A T. ta. 141 M
Waatarn Paoltla Is aiu
AakaJ.
4
(
'
M
44
441
104
M
100
IT
M
' 14
a
M
jVi
. u
11
7
II
tkl-dlTidend.
I
A Guarantee of Business Prosperity
The Peralatent and Wise Patronage of
in Advertising Columns.
LEGAL NOTICES
NOTICE.
Stockholders' meeting of th Union Land
company.
Notice is hereby given that th annual
marling of the slocahoiders of th Union
i-ioo company, lor the election of five
Outctors anu ma transaction ol such other
business aa may iegauy come before th
meeting, will Uu hem at th office of the
General Solicitor. Union Paelfio Head
quarters Butluing. Ninth and Farnam
aueeia, Cmatia, Nebraska, on jlonsay nia
'"' c"cu" r. at iv q cioca a m
Th Block transfer books will be aiosed
w urntrn eivviuus lu uis nieetlng.
ALEX. MILLArl. secretary.
New York City, N. It., Deo. 19. iio
Dl120t
STOCKHOLDERS' MEETING OFFICB
iOT-uia- nui aawu iiarawaie com
pany. Ommin. Nebraska. bu.utn.i. u
.NoUce la berby silvan to tne atockholdarj
of Lee-GlaM-Andieaen Hardware Cum.
pany that tne anuual nieeilua of the .i,,i.
holders of tii company wjli t held at tba
(illlie of lh said company, corner of Nlnui
and Harney atieeis. m the city of Omaha
In th state of Nebraska, on Tuesday Janul
wry, 10, A. D.. 1J1. al t o'clock n m .
the purpose of electing a board of director
on sp ""ij serve a u ring the en
suing year, ana 10 transact such other
vusuecva mm nisi we preseuieu at auch meet
lug. H. J. LEE. PrcaldenL
Atteat: W. H. QUASH, bacr.lary.
STOCKHOLDERS" UEKTtvn
The annual meeting of the stockholders
of The South Omaha and Western Rail
road Company, for the election of seven
directors anu the transaction of such
omer business as may come before the
iiir--iiug, win d neia at ine ornce of A. L.
Monier. corner of Ninth and Farnam
omana, ceorasaa, on Wednesday,
the eleventh day of January, A. D U1L
' w mm 1 . M. UHK.
DJ0dl2t
Secretary.
STOCKHOLDERS' MEETING T44K 1 v
nual meeting of the stockholders of the
Bee Building company will be held at the
omca ui me company in Omaha at
o clock U4saoav afternoon, January 17
191 1, for the election of a board cf directors
for the ensuing year and for the transac
tion of such other business as may prop
erly come l4ffor the meeting. By order of
tne priuui. .-. r. ruL, secretary.
DtUdUt
Supremo Court Syllabi
i...: i.ipnaon aaa.nat i.oosp-w lira t . .v
". l'o. Apppal itom Doueiaa llpvprsfrt
and causp dlamlBspd 1'ialnciff to pa.
osta In anprpmp court, dcfndant lo pav
copta In dlatr.ct court. Lptton. J.
1 Thp procpaa of Inhinction cannot bp
availed of by a private rltlxpn to abate
a public nuisance, unlpaa h" a'iffrs ap
c al or ppcul ar Injury thrrpfrom. asiilp
from thai aiiffpred by tbp Kfnpral pulllc.
1 Evldpncp examined and held that It
falls to show that any sppclal Intury or
dnmacp to thp plaintiff's property will rp
snlt If the proposed aldewalk la laid ac
cord to the plan now contpniplatpd by
thp defpndant. Hut. held further, mat th
rpatra nln ordpr and tPtnporary lnjnncttm
wi rp protprly allowed for tne reason that
If the first plan were followed spcchil
damaae to plaintiff would occur.
laJ5. Zwcibel aaalnat Scheatedt. Appeal
from Sarpy. Affirmed. Itoot, J.
I "An order rtenytni? a motion to vacate
an appraisement of property for Judicial
sale on the rround that thp appraisers
valuation waa too low will, In the abspneo
of a bill of pxceptlona embodying thp pvl
dpncp given at thp hparlnft. bp presumed
to he correct." Johnston against 'rals7.
61 Neb. W.
I. The failure of a county clprk to ln
cludp In his cprtlflcatp a atatpmpnt of llpns
Ji.nlor to thosp for thp satisfaction of
whl h the defendants' land la to be sold.
atl.l Ilia f I ) 1 1 T-A . Bltafh ti I m nfflAlal aAi
In B 1 1 1 cprt i flratA An nnt rifAl itriim 1 ) m
ownpra of the equity of rpdemption and
should not prevent the confirmation of a
sale othprwlse regular and lawful.
1B228. Clark acralnet ravla. Apppal from
Buffalo. Affirmed. Barnes, J. Rose, J.,
not slttlne.
1 A real pet ate broker sulnf and solely
relylnn on a apeelal contract for his com
mlaalon cannot recover upon a quantum
meruit.
2 An owner, by a written contract,
agreed to pay a real estate broker a com
mission of $K4o If he should ! Ms 840
acre tract of land for 15 per acre. The
broker failed to sell the land, but pro
duced a . customer to whom, after much
negotiation, the owner himself succeeded
In making a sale for about 111.30 per acre.
The broker sued upon the contract, and
Bought to recover the amount of hla com
mission named therein, atrlctly according
to Ita terms. Held, upon the fact iibove
stated, that he waa not entitled to recover
In that form of action.
1(234. Swindell aKalnst Malnne. Appeal
from Harlan. Affirmed. Ietton. J.
Where the evidence discloses no right of
action In the plaintiff prrors at the trial
will not he considered In this court.
liiVil. School Plstrlet No. 11 of Thurston
County against Copple. Appeal from
Thurston. Affirmed. Letton, J.
A person who owns taxable property
within the territorial limits of a school
fTnl Remember the Dates 5
riiwti-lrt. but who Is not a legal vrter
treiein. has no scich Interes: In the mat
ter i.f the consolidation of that distrirl
with an od'oining one as authorises him
to contest the annexation 1nx"epdlngs.
eltlicer at the original hearing beforp Hip
enuntv superintendent or upon a review
of the fame hy the district court.
Preuit BKalnst Preuit. Appeal. York. Af
firmed. Faiveett, J.
Any unlustiflablp conduct on thP part of
either hushnnd of wife, which so grievously
wounds the m ntal feelings, or so utterly
destroys the (eace of mind aa to seriously
Impair the botllly health and pndangpr thp
life or reason of the other, or such as
utterty destroys the Ipgltimatp ends and
oh.lects of matrimony, constitutes "ex
treme cruelty" ns defined In section 7.
chapter 2f. compiled statutes, although no
physical or personal violence tuny be In
tll ted or even threatened.
State against First Catholic church of
Dlncoln. Appeal from Ijxncaster. Affirmed
Reese. C. J.
In the ypar 1W. the legislature passed
an act authorizing the governor to execute
deeds of conveyance to the trustees or
chinches or reilgloua scvletles to which
certain lots In the city of Lincoln had been
assigned bv the capital commissioners.
Acting under such authority the governor
c-nveyert the lots In dispute In Ihls
action to cet.taln named persons,
as trustees. for the First Catholic
church of thp city of Lincoln, which was
not then Incorporated. The trnstppa and
their pnccPNsors. by mesne conveyances,
transferred thp title- of the propprty to the
same soclpty aftpr Its Incorporation as a
church organization The eocipty, previous
to Its incorporation, took possession of the
property as soon as It was set over to
them, and made valuable Improvements
thereon prior to the execution of the deed
by the governor. In 1870. and has been In
peaceable possession ever since, using the
same for church and parochial school pur
poses. In strict accordance with the pur
poses of the sale by the state to its trus
tees. Held:
First, thst the act of the legislature In
providing that conveyances be made to
"trustees of churches or religious socie
ties" did not contemplate nor require that
such religious societies should be Incor
porated before the state could be divested
of Its title.
Second, that the deed to the persons
named as trustees vested the title In them
for the use and beneficial Interest of the
society named In the trust and then exist
ing. Third, that the conveyances from the said
trustees and their duly authorized suc
cessors to the church after Its Incorpora
tion vested fee title In the church.
Jtid.Hon against Crelghton. Appeal from
Webster. Affirmed. Root. J.
1. Where a homestead Is selected during
the lifetime of both husband and wife and
after the death of one the survivor resides
umana jLand
Tie visit will show how to ?nake this and many other years both happy prosperous
It will Bhow you the poBsilrilities of the New Weet
i 'It wilf'show you how to farm in the New West and the Old West.
It will furnish accurate data regarding investment opportunities.
It will provide entertainment and amusement as well as information.
There will be exhibits from Nebraska, South Dakota, Wyoming, Montana, Idaho, Utah, California,
Oregon and Washington.
There will be displays showing the wonderful work of Burbank with fruits and vegetables; of Hansen
with alfalfa, and Buffum with grains, of silos, of eorn breeding and of barley improvement and. of force crops.
There will be fish hatcheries in operation. Band concerts. Hawaiian singers. Two lecture halls with
free moving pictures and illustrated lectures. Special days with addresses by governors and prominent citizons
of western states. (
The Omaha Bee and The Twentieth Century Farmer
wish to convince the people about the wonderful possibilities of the west, and they are backing up the Western Iand-Products
Exhibit because they realize that an exhibit of this kind will show people more of the reaj truth about this wonderful section than
any amount of pure talk; and their real Interest In the upbuilding of this empire is due to the fact that they realize that lt Is upon
the west that Omaha must depend for its future progress and greatness.
LAND INFORMATION BUREAU
So many of our readers have written us from time to time, asking us for reliable Information as to soil, climate and value
of land tn localitlesMn which ihey were thinking of locating or buying for Investment, that we have decided to .establish a Land
Information Bureau.
This bureau will make investigations and gather data, so that It will be able to either answer inquiries direct, or give par
ties wanting information the names of reliable persons to whom they can write.
When writing, address Land Information Bureau, The Twentieth Ontury Farmer, Omaha, Neb.
1
Price of Admission 25 Cents ta kes you all through the show.
upon the premises during his or her life
the reu I estnle Is not suhieet to salp to,
the satisfaction of the debts of either. I
which are not a Men iliereon. nor lo pay
the costs of ndinlnlsterliiB the rwta'e of
such survivor; but If the tllle-h Idinn
sjxiuae dips IntPstate thp title descends to
his or her heirs, wh tiler direct or col
lateral, exempt from surh debts
2. The property described In subdivision
1. section l.t. ch. 23. Compiled Statutes.
P.41I. Is not an asset In the hands of a:i
administrator whosp deijrdent died in 1:2.
3. It Is not Piror for rlie court to rpfuse
to suhmlt to thp Jnrv a defense of equitable
estopppl where the evidence Is Insufficient
to sustain a material element of that de
tense. Kuhlman against W illiam J. Leinp Brew
ing company. Appeal. Otoe. On motion for
rehearing. Former opinion corrected. Mo
tion for rehearing overruled. Per curiam
No syllabus.
Wynian against Searle. Appeal. Iuip,
Reversed and remanded. Costs taxed to
plaintiff. Root. J.
1. If a defendant denlea the plaintiffs
title as assignee of a certificate of tax
purchase, thp burden of proof is upon the
plaintiff to establish his title, and poses
slon of the certificate without proof that
It was assigned to. nr owned by him will
not satisfy that burden.
2. In Biieh a case if thp cprtlflcate rpprp
spnts taxes Ipvied for general purposes, and
assessments made by the officers of an
Irrigation district, an offer In the defen
dants' answer to confess Judgment for the
general taxes, does not admit the plaintiff's
tltlp to the lien create by the district as
sessments. 3. A county tressurer has no authority
to bpII one tract of land for the taxes
levied upon another and distinct parcel of
real estate, but If the tracts were separ
ately assessed and taxed, the sale will
subrogate the tax purchaser to the Hen of
the public.
4. A special proceeding prosecufpd undpr
sections 59 et seq., ch. 70, laws l.'i. sec
tions 59 et seq.. Art. J. ch. 3a. Compllpd
Statutes. Is an action In rem. and If the
court acquired Jurisdiction of the subject.
Its decree cannot be successfully assailed
In a collateral proceeding; but the statute
does not authorize the court to confirm the
exchange of bonds for property.
5. Section 10 of the act. supra. In 1W7.
suthorlzed the directors of an Irrigation
district to exchange Its bonds at par to
pay for Irrigation works, ditches, canals
and resprvolrs eonstruetPd or partially con
atructPd within the district, and that au
thority Is not limited by the provisions of
section 14 of the act,
. If the records of an Irrigation district
do not disclose that Its directors were
financially Interested In the sale of an un
complptPd ditch by another corporation to
the district, an Innocent holder for value
of the district bonds delivered as a consid
a
to
erstton for the.
I t hnr..f
ers lo, may enforce payment
I. cSeetion 10 of the act. supra, authorizes
Ihe directors of nn irrigation district to
lev tiki upon all nal estate soloed to
.svatlon within the district lor thp pur
posp of creating a fund to pay for thp up
keep i.r the d.tcli and the incidental .ex
pense of thp district.
s. Said section as amended by chapter 7S.
laws of lvcn authorizes a county treaa
titer to receive In satisfaction of a general
district tax. warrants drawn upon that
tund. but the treasurer has no authority to
Hccrpt the district bonds, or couoons-cllpped
therefrom. In satisfaction of the general
levy.
9 The mislakp of a treasurer In acrep;inn
coupons In paymeit for district general
taxes, will 1,0; deprive the public of If
t ' , . .
payment subrogate the purchaser to the
I:. Itioi in .miiicii :t !', tne do elms
of an lirigaiion district did not have au
thority to obligate the district to pay lor
construction work until they had first cre
ated a construction fund.
II. . bona tine purchaser for value of
land for ilo taxes lo. d thereon hy an
Initiation district is not W'OtuI by a de
cue attains! the county ticasuiit and Hu
district cancelling those taxes, but enteri d
ill tin action commenced subsequent to his
prrchase and to which neither he or Ins
predecessor In till" was n party.
12. If a property owner tenders the trcus
uiei the amount of his general tax. but
lefusis to pay an Invalid assesr:uent. he
should not he required to pay Interest
t h'realter. provided he has lpn at ah
times, subsequent thereto, able, ready and
willing lo ray his taxes, but the proof
should be char and satisfactory to give
him the benefit of the rule, and it will not
be extended to doubtful cases nor to an
instance where the propprty ownpr has
offeiPd, In an answer to a petition for the
foreclosure of thp tax Ipln, to pay the
Ipgal taxes with Interest.
13. The owner of real estate Is not es
topped to deny the legality of taxes levied
thereon, because he sold the land entirely
on credit subject to taxes, and received
tltlp back from bis grantee by a depd
which also excepted taxes. If. as a matter
of fact, the taxes, formed no part of the
consideration for the last transfer.
14. If the owner of real estate situated
in an Irrigation district receives no benefit
from the construction of a ditch or from
the water flowing therein, and no other
grounds for an ertoppel exist, he Is not
estopped from denying the legality of taxes
laid to pay for that Improvement.
Lyons against Allen. Appeal from Holt.
Affirmed. Root. J.
In an action to foreclose a real pstate
mortgage the plaintiff la requlrpd to allpge,
and If the allpgation la denied to prove,
that no proceedings have been had at
law for the recovery of the debt secured
how
thereby, and f the mortgage, subsequent
io matiiritx. has been owned bv successive
parties the plaintiff should at lea :t make
pi nun facie pi oof that no surh an action
has been commenced by any of ttioso per
sons. Sucll sanlnst County of Lancaster. Ap
peal from l.ancasier r.eversed and re
manded Root. J. I'awcett. J., not sitting.
I A taxpayer In Nebraska may appeal
from an order of a county hoard of equal
ization sustaining another taxpayer's com
plaint that his prowrty has been assessed
too high, although the appellant did not
file objections with or appear before that
board.
'.': It the appellant In his nntie to the
parties interested slates thst he s a tax
payer In the county and th' owner of a
definitely e'esrr bed tract of land therein,
and also atates In his petition that he is
1 taxpayer in the counts, his appeal
should not be dismissed without a trial for
the nltesred reason that he Is not a tax
payer llartlngtnn National bank against Bres
lln. Aopenl fropi Cedar. Re ersed and re
manded. Rose. J
Defendant signed a promissory note which
was perfect on Its face, with the exception
of n blank for the name of the pivee. and
entrusted It to his co-nia'.er. who delivered
t In that form lo 11 hank two dues later
before It was dm In v ohiflon of nn agreo
tv.ent that It should be used bv him In
buvlna a meat market, that the name of
the seller should be Insei ted In the blank
iiivl lhat Hie note shoitl 1 ho ret urn's.) to
defendant 'f not used fer that purpose. The
bank accepted the note at Its face value
and afterward Inserted Its own name In
the blank as payee. Held, that the !n
atrument Is not enforceable skh nst de
fendant within the meaning of that part
of the negotiable Instruments law relating
to the filling of blanks and containing
among other things the following provi
sion: "In order, however, that any such
Inurnment when completed mav bp en
forepd acalnst any pprson who bpeama a
party therpto prior to its completion. It
must be filled up strlctlv In accordance
with the authority given and within a
rpasonablp tlmp." Compiled Statutes, ch.
41. spc 14.
1F776. ' McCresrv sgalnst Fnrav. Appeal
from Douglas On motion to dismiss. Mo
tion overruled.. Root. .1.
No syllabus.
ItiKSt. Kutch against Kutch. Appeal from
Hamilton. Affirmed. Root. .1.
1. The consent of competent parties It
essential to a valid contract of man-lace.
2. If a contract of marriage baa not
bepn consummated, the court should re
quire no grpatpr quantity of proof to aus
taln s finding of fraud or of menial In
capacity In a suit to annul that contract
than It demanda to sustain those Issuet
in any other cause.
The Key to the Situation Bee Want Adx
