THK OMAHA SUNDAY BEE: AUGUST 20, 1911.
WAnrir rnn i- riir An nrn
luriw. run a uai ur klm
Prepared to Supply the Pulpit of
Every Denomination.
PLASf OF REV. ITS 0. J. KELLY
Supreme Court Syllabi x
Open for Kaaaarment and Heady
f.ahor at Aur IMace Wfcfr Me
May lie tailed.
li:a tstruhle against vlllago nt IloWltt.
Appeal. KaHne. Affirmed. Bertgwlik. J.
I I pnn the fliet trl a I Of the cane det
fenrlanl ohjertrd to an Instruction given
Irv i hi. (M iit. mil .rekartu ari't offered
(in Instruction in lien thereof. I'pon ap
peiil this court revere-pd the Judgment fr
error In the InMrurtlon given
fuslnc the requested instruction. I'pon
second trial the court Have the Instruction
w.ilu :f UuKrn Ne- I '""ni rly reiieateil ly defendant and P-
IVBIiy Ol " 11 " .nn,.,! K Ikl. ...... rf II. IM ih.i iit.iiI
brink a Methodist Kplnr-opel conference Is ncrf.md appeal of the name case this court
lie. v. I.yn fl. J.
will not n-veree the JudKi'ietit because of
alleged error In said Instruction.
2. A married woman w ho In accustomed
to receive compensation for services
rendered and wot k performed for othera
th.in t.na .,...11.. ...... ..a, fnr
Jt-tL to be highly recommended a a strong. mp.nr ,prvlrPS or ,,,,. Wearies for
attiactlve preacher. Iherwlf and family, and In an action by
I her recover flamarre for personal li-
, , -. i,lJ',ry It I" i"t error to Instruct the Jury
' Rev. Lenox Crockett of rulton. Mo, W"ojtn(lt ,ho can re,.ver -nyirh .mount aa she
ran been engaged to aupply the pulpit of i has necessarily expended for medical rare."
w Presbyterian church. Fortieth i they should Include 'such reason-
becomo obllxated to pay.
open to aupply the pulpit of any denomina
tion in or around unwnt n-w ci i uuf .
Rev. Mr. Kelly has been preaching In the
city for the last two or thrue weeks and Is
tu ralrvlew f'resbyt
and Pratt streets, will hold his first aervlce
Bunday at 1U:J0 a. m. Hev. Ilalph H. House
man will preach In the evening.
' Services In KoutiUe Memorial Lutheran
church, Twenty-sixth and Karnaril streets,
will be conducted by the pastor, Hev. Mr.
Baltxly. Hunriay school at 19. Morning
worship and sermon at 11.
I. Non-expert witnesses ai competent to
testify as to circumstances and conditions
that any person of ordinary Intelligence
might obnerie, and Hinh witnesses may
testify whether a person who has hem In
jured, and with who ;i they wure familiar,
appeared to be aliform puln. the ap
pearance of her Injury .and similar matters
observed by them tending to show tlte
nature and extent of the. Injury.
4. When the evidence Is conflicting as to
whether phvslcal conditions existing
he Intel national Bible Students' aasocla-1 some time after a personal injury were
lauaru or Hlircini liv nin n iiijui j 111-1
question should be submitted to the Jury
after the commencement of the suit. Illoom
field BK.Titist I'inn. 4 Neb. 47R.
j. In an action for elander the defense,
of privilege, to be available munt be
proved..
1MX3. Bampson against the Ladies of the
Maccabees of the World. Appeal. iJin-
and In re-icaster. Affirmed. Keese, C. J. Hoot, J..
ilOl BlllinK.
1. The action is upon a benefit certificate I
or membership Insuring the life of the
member In the sum of ll.nuu. There waa a
Jury trial resulting In a verdict In favor of
the beneficiary. The defense presented
were fraudulent representations In the ap
plication for membership, that the member
committed suicide, which rendered the
policy void, and that she died under the
influence of a narcotic self-administered. ( fHy it:d, and there was nothing due, and
... ... ,,,, JJ-'" in.i.v.i .nMnB Mrn rBt rlmirt on pla'nnrrs tit'e.
policy of no effect The questions of fact lr, t, ,,wer tho defendant claimed that
were fairly submitted to the Jury upon , ,,,,, ,,,. wni VRM() UlP Rnint named
testimony which n effmt wm conflicting. , , statement for the lien was due. and
iittiu, ii " hi m rerirw w loc T?vmnicf ina.1 .1, .
than a reasonable compensation for the
services s" rendered by avch attorney.
4. And where In such a case It appears
liiat such content was compromised for
tl Ml. ai d tliat the attorney received In
ci nsunin'athn of such agreement a mort
gage avKi-r dating In principal and Interest
l.il."i and a note for and tliat by the
terms of the settlement of such contest it
was ?gieid tlint faid innrtpie wis to be
the property of thj minor and that the
sttornev was tn receive the proceed of
raid note for $2MS as full compensation for
bis services, and that said note upon Its
maturity was pnid to yu'd attorney, hl.i
IMissesslon of such mortgage Is stmplv as
attorney for said minor, and he does not,
by such poshes ". ma. become vested ivuh miv
ri(fht to maintain. In h;s own name, a
suit for the foreclosure of such mortgage.
1S.S'. . f.usre'l against Haines. Appeal,
Lancaster. Affirmed. Reese. '. J.
In an action to cancel a record of the
filing of a mechanic's lien for the con
struction of a building upon real estate.
ft wt nlleirod that the tinner had been
together -th the . mount sf capital stock I
owned bv them. This applies also to
liability accruing before the amendment
ot 1WI. 1 1
3 in an action In equity to determine i
.....h linintltv of stockholders which Be- 1
crued before the amenument of lvil. the
court enterel a decree against thein for
n ..n.i.. i i hmi their statutory lia
bility, and after etatlng findings of fact
Mated that the mix knoioers are jnumj
liable for the full amount 01 juncniem.
that bad before that time been obtained
against the corporation. Held, that thla
statement was merely a conclusion of law
unit iimt tmlifment sub-
BIIU ri I nilliiun ' " " ...... - .
.inii entered for a greater amount
than the amended statute allows was also
erroneous. , ' ,
lmse frelghton against Keens. Appeal
from Lancaster. Reversed ana remanuea
Kmioirk J. Root. J., concurs on
Tlic Orrtnlm Bcc Great
Booklovers' Contest
solo
imn meets at Barlght hall. Nineteenth and
Farnatn, Hund&y at t p. m. Subject, "The
rtarieom. Who laid It? Kor Whom? Of
What Does It Consist?" Speaker. W. E.
Htearns.
llaptlat.
Calvary Branch. Thirty-fourth and Hew
ard Bible sc hool at 3:9); Harry Carpenter,
superintendent.
Immanuel, Twenty-fourth and Plnkney,
Hev. J. H. KU-mole, PastorSunday school
at 44. Thn panior will preach at 11 and 0.
Voting people's meeting at 7. Vacation
vial tors and strangers welcome. Devotional
meeting Wednesday evening at 8.
Qrace, Corner Tnnth and Arbor. Rev. B.
F. Fell man. I'aetorHunriay school at 10 a.
fn-I, morning sermon at 11 a. in., topic, "Tho
Prosperity of the Wicked"; evening sermon
at 1.30 o'clock (outdoor service), topic, "The
Graca of Our Lord Jesus Christ."
Calvary, Twenty-flfUi and Hamilton,
Rev. Jfi. K. Curry, I'aator Hervlces) at UcM
and a. 4eorge Wallace wtll report to the
congregation the great Sunday school con
vention recently hold In California. Rev.
E. Fisher of Dundee will preach In the
evening. Bible school at noon. Young peo
ple's meeting at 7:30. Midweek prayer serv
ice Wednesday evening at 8.
' Christian .Science.
First Church of Christ, Scientist. Twenty
fifth and Karnam. Chambers' Building
(Sunday school at 9:46. Services at 11 and S.
Subject of lesson-sermon, "Mind."
Coaa-resratlonal.
tttaratoga, Twenty-fifth and Ames, Rev.
jn. M. Humphreys, Pastor Sunday school
at 10. Morning worship at 11:15. No even
ing gervloe. Prayer meeting ThursdRy
night. Subject of Sunday sermon, "The
Absolute Obligation of the Believer."
Kpiecopal.
St Andrews', Forty-first and Charles, F.
t. Tyner, Rector Holy communion at 8.
Sunday school at 9:45. Holy communion
and sermon at 1L Evening prayer and ser
mon at 7:80.
I. C. . 1 ... I I I . 1 1 .. .. If i -.
and Paul, Rev. John Albert Williams,
rriepi tioiy communion ai i :wi maims
hlsm m.t 1S:MI. Kvenlnff nraver al B.
Trinity Cathedral, Canltnl and Riicht-
eentn, rtev. james Arxnur lancocx, uean
Holy communion at 8. Bible class at :!.
Morning prayer and sermon at 11. Even
ing prayer and sermon at 8. The Sunday
school opens again for the year the first
Sunday in September. i
Latheraa.
Trinity, Corner Nineteenth and Castel
lar, Ray. a. W. Snyder, PastorServices
at 11 a. m. No evening services. Sunday
gohool at 1:46 a m.
- St. Mark's English. Twentieth and Bur
dntte, U Oroh, Pastor Services Sunday,
11 a. m.: "Unload a Burden, Gain a TrVas
Ure." Sunday school at (:46 a m. No
venlDg aervtoea.
St. Paul's, Twenty-eighth and Parker,
Bev. E. T. Otto, Pastor Serv loos at 10.
During the vacation of the pastor A. Ltm
breoht preaches. Sunday school at 11:30.
No evening aervlca
' Methodiat.
' Trinity Episcopal, Corner Twenty-first
and Binney Preaching In the morning by
tit pastor. Morning subject, "The Sword
Of Eleasar." No evening service.
Pearl Memorial, Twenty-fourth and Larl
more. Rev. Carl L. Ioder, Pastor Morning
auon. Ep worth league at 7 p. m., evening
worship at 8 p. ni.
'' First, Twentieth and Davenport Rev.
J. M. Williams, -pastor of the Broad
way Methodiat church. Council muffs, will
preaoh Sunday morning at 11 o'clock. Sun
day school at :4& a. in. Kpwortb league
at 8:46 p. m.
Oak Street, South Twentieth and Oak
Rev. Mr. Pya of Upper Iowa oooferenoe
will preach Sunday evening at 8 o clock
Bible school with adult and other classes
for all at 8 p. m. Midweek meeting Thu-
Oay evening at o oiouk.
- Howard Street, Seward and Twenty-second,
William Boyera, Pastor Public wor
ship and sermon at 10:80 a. m.; subject,
''Perfect Versus Complete Knowledge."
Sunday school at 11:46 a- m. Combination
I service from 7:80 to 8:!W p. m., one hour
I only.
V Diets Memorial, Tenth and Pierce J.
Franklin Haas. Pastor Morning worship
at 10:30. Sunday school at U o'clock. Ki
worth league at 7 p. m.; leader, Mlm Willi
man; topic, "Sympathelio Service." Even
4ig address at 8 p. m. ; subject, "The New
1 Munlolpal Government.'1 Happy song
gervloe preceding the evening discourse.
iianacom Park, Twenty-ninth and Wool
worth. Rev. Pi. B. Crawford, Pastor Morn
ing aervlce 11 o'clock, sermon, "Riches of
Qod's Oraoe." Evening service at 7:46
o crook, sermon. ' ine juan w no nan
Nothing to Say." Sunday school at 8:46 a
m., KP worth league at 45 p. m., leaders,
Mius Hasel Ralph and Miss Lucy Stone.
MoCabe, Fortieth and Farnam, Rev. John
Grant Shlck, Pastor Sunday school at 10
a. tn., Superintendent u. u. Lurry, in
z charge. Preaching by the pastor at 11 a.
nt.. theme. "The Rebound of Life." Com-
sy.Ttion service between the Epworth
upon all of the evidence.
5. When part of a confidential com
munication between physicians and patient
la nut In evidence bv one nartv. the other
(party may jflve the whole communication
on the same sulijcct. The trial court
must determine whether the evidence of
fered la on the same subject, and Its rul
ing will not lie regarded ea erroneous un
let there Is a clear abuse of discretion.
In ah action against a munlolpal cor
poration for Injuries sustained by a fall
upon a defective walk, the fact that the
person Injured had panned over the same
walk several time before the accident,
and mtKht have Rvirtded danger by taking
another way, and was In a delicate physical
condition, and o carrying articles which
tnadn It moro difficult to avoid the ac
cident, wtll not constitute such evidence
of contributory negligence as to require a
peremptory Instruction for the defcndanC
7. A verdict for fc!5 for "medicine, doc
tor's bill and nurse s hill" will not be set
aalde as unsupported, although there Is no
evidence that any nurse's blils have been
Incurred, the evidence being sufficient to
support a verdict in that amount for
"doctor's bills'' incurred.
8. A verdict for JJ'iO for "permanent In
juries" will not be Ret aside as unsup
ported If the evidence justifies a finding
of damages In that amount for Injuries
sustained as alleged.
l8o. (Illllland against city of Omaha. Ap
peal, Douglas. Reversed and remanded.
Lettnn. J. Sedgwick, J., not sitting.
1. The existence of a step of about eight
the verdict should not lie molested nor
the Judgment thereon be set aside.
1WS5. Sunderland Bros. Co. against Chi
cago, Burlington (Julncy Railrosd com
pany. Appeal, Douglas. Affirmed at
costa of appellee if plaintiff file remltttir
for within forty days. If such
remittitur la not filed, cause reversed and
remanded. Barnes, J., Sedgwick, J., not
sitting.
1. The general rule is that a common
carrier or goods Insures their safe delivery
to tho consignee against loss or injury
from whatever cause arising, except only
the act of Ood or the public enemy.
2. If the carrier needlessly delays the
shipment or negligently fails to protect it
from known or threatened danger, and the
goods are overtaken In transit and are
damaged or destroyed by an act of Ood.
and such negligence or unreasonable delay
Is the proximate or concurring cause of the
injury or dentruotlon. the carrier Is liable
for the loss: and thls-rule applies whether
me gooas are perishable i or nonperlsliable
In their nature.
3. Evidence examined. Snd held Insuf
ficient to sustain that part of the judg-r
mem wnicn la naaed on an alleged ex
cessive freight charge.
KM. Ileink against Ijewls. Appeal,
Douglas. Reversed and remanded. Faw
cett, J.
' Evidence examined and set out In the
opinion, held, insufficient to sustain the
verdict of the Jury.
liffiOB. Blld against Chicago 4 Northwestern
Railroad company. Appeal. Dawes. Re
versed and remanded. Root, J.
1. The competent relevant testimony of
untmpeached witnesses should not be held
to be contradicted by Inferences from cir
cumstantial evidence, unless those cir
cumstances and the natural Inferencea to
be deduced therefrom, rannot In reason be
reconciled with the conclusion that the di
rect evidence Is true.
2. The evidence in this case Is commented
upon In the opinion and held Insufficient tn
sustain the verdict of the jury.
18.612. Kverson against Hum. Appeal,
Harlan. Affirmed. Fawcett, J.
1. Where an infant son has been disin
herited by the will of his father, deceased,
It Is proper for the mother or other near
relative to Institute proceedings In the In
terest of the minor to contest such will.
ground tnat plaintiff assumed risk.
Evidence examined and found to prove
without substantial contradiction that the
the plaintiff with full knowledge of exist
ing conditions assumed the risk and that
his own negligence was the proximate
cause of the inlii'-y complained of. The
Jurisment Is therefore reversed.
. .- . . . . . i .... . ...it AntifiAl
1MV. v neier unini'i .-.i-m... i -
from Adams. Reversed and remanded.
Reese, C. J. Fawcett, J., concurs in oon-
"''whereupon a Jury trial, at the close
of plaintiffs evidence, the defendant
moved the court ror a oirecieu ifram
v.i. .,. the motion must, for the put-
iKe of a decision thereon, be treated as I
an admission of the truth of all materia ,
and relevant evidence submitted and all I
uroper Inferences to be drawn therefrom :
Z. in an acuon m c, ...... .. v.. ..
.i .h for dummies for the alienation
and estrangement of the affections of a I
wife by a stranger, wnrxe me ciram
submitted tended to prove' improper con
duct and undue lamiliarlty between the
wife and defendant, the questions of the
weight of the testimony of the witnesses
, . v. - inf.rMiiiA to tie drawn from the
the bid which was accepted was made byfevldence are for the determination of the.
II. .1 I . . . .. . 1 V. 1 . 1 .. ,n , I
s'otiftht a foreclosure thereof. The evidence
Is examined, the substance thereof is set
out In the opinion, and It is held that It
Is not shown that the finding of the dis
trict court In favor of the plaintiffs Is
not sustained by the evidence.
bZ24 Si on Brew ing Co. against Hansen.
Appeal. Colfax. Judgment of district court
modified. Leiton. J. Root and Fawcett,
J. J., concurring separately.
1. A jmrchnser of real estate at an exe.
rtition sale who after confirmation accepts
the sheriff's deed, takes possession al
afterwards conveys the same by warranty
deed to a third person, thereby waives all
errors and Irregularities in the making of
the s.ile and in the order of confirmation.
2. Where after confirmation of an exe
cution sale of real estate it appeared that
IDk. !" at tno 'nteTHe,-Von of ,a CTO and to employ counsel therefor; and in
which was safe and In good repair with th ....m nt .h ,....ii,. .,,
l
J.
s
r
leue and the preaching service at S p. m.
theme, "Sympathetic Servloe." The Rev.
A W. Clark, superintendent of the Child's
Saving Institute, will give the address.
Prayer meeting on Wednesday night at 8
o'clock.
, Presbyterian.
North There will be no morning or even
ing preaching service. Sabbath school at
noon. Young Peoples' Socleiy of Christian
Endeavor at 7.
Church of the Covenant, Twenty-seventh
md Pratt Rev. A. Fleming ot Minnesota
-will preach both morning and evening.
aWrvtcea at the usual hours.
First United. Twenty-first and Emmet
The pastor, Rev. A. C. Douglass, will
preach at 10:30 a. m. and at 7 p. in. Even
fjut aervlce on lawn. Bible school at noon.
- vsrat Seventeenth and Dodge. Rev. Ed
win llaxt Jenks. D. D.. Pastor Public
worship at 10:46 with sermon by Rev. R. S.
Calder, dean of Bellevue college. Christian ;
hindeavor meeting at 8:46. Sunday school i
at
l.owe Avenue. Fortieth and Nicholas
Patftor Nathaniel MuOlffln, D. D, will
preach at 10:80. No evening service. Sun
day school at 8:30. Young People's Society
of Christian Endeavor at 7. Wednesday
avenlng meeting at 8.
Caalellar Street. Castellar and Sixteenth,
Rev. Ralpa H. Houssman. M mister Morn
ing worship and sermon at lu.30. Rev. Mr.
Kisher of Dundee will be in charge, ex
changing with the pastor. Bible school at
noon. Young peoples' meeting at 7.
Westminster. Twenty-ninth and Mason.
Rev. Thomaa H. McConnell, Pastor Serv
loe of worship with sermon on "The En
couragement of the Divine Hand" at 10.;i).
Kiih.ih school and Bible classes at noon.
v'estminster chapel Sunday school at 8:30.
No evening service.
Mlsrellaaeoas.
United Evangelical. Twenty-seventh and
Camden. Rev. U. P. Netherly, Pastor All
regular services at usual hours.
People's, Charles W. Savldge. Pastor
Morning. "Ood s Dwelling Place;" evening.
"Oet Into the Race." Sunday school at
noun. Young People's Society of Christian
Endeavor at 7. Prof. Merles has charge of
the niusic.
Latter Day Saints', Twenty-fourth and
Ohio Sundav school at 45. Preaching at
H. Relgio, for Book ot Mormon i.n eatiKa
tioa and study; classes opeu to all at 4 X
Pleaching at 1 Sacrament service the
first Sunday ot ercb month at 11.
sidewalk which was also in good con
dltlon does not of itself constitute action
able negligence.
2. A city is not liable to one who is
familiar with tho crossing and who on a
ra.ny evening on account of the wet and
slippery condition of a sound cross walk
slipped in stepping a distunce of about
eight inches from the cross walk to an
Intersecting sidewalk which was also in
good repair.
I'i414. Maurer against' Relfschneider. Ap
peal, Dodge. Judgment of district court
modified; cause remanded for further pro
ceedings. Itton, J. Sedgwick, J., not
sitting.
1. A 'nuncupative will la not effective to
pass title to real estate In this state. j
2. The possession of land by a life tenant
will not ho construed to be hostile and
adverse to a remainder-man unless the
knowledge la clearly brought home to the
latter that the life tenant claims the entire
estate In his own right, adverse and hostile
to any claim or Interest In the land by
the remainder-man or others claiming
under him.
8. The recording of a deed conveying the
entire estate to a third person by a life
tenant who rem alas In possession of the
premises, Is not alone sufficient to start
tho running of the statute of limitations
against an action to quiet title brought
by the remainder-man under sections
I0S68. 10870, Ann. St.. ID09.
4. Such an action does not .accrue until
knowledge that tho life tenant In possession
Is claiming to own the entire fee (a brought
home to the owner of the remainder.
6. In an action tn quiet the title of a
remainderman as against a life tenant In
possession, equity will require as a condition
ot relief that the plaintiff do eoultv bv pav
ing her proportion of a mortgage lien on
the premises which existed at the time of
the death or the common ancestor and
which was paid by the life tenant.
16463. Harse against Ramer. Appeal. Buf
falo. Judgment district court affirmed In
all respects save with respect to taxation
of costs. Each partv to pay Its own costs
in botn courts. iitton. j.
Where in an ejectment case the evidence
Is sharply conrilctlng as to the true loca
tion of an original government corner and
as to the question of adverse possession and
there la sufficient evidence on each point
to sustain this verdict, this court wtll not
Interfere with the findings of the jury.
IS 6. FlUgerald against Young. Appeal
Lanoasterr Affirmed. Rose. J.
1. Affidavits in support ot a motion for
a new trial cannot be considered on appeal
unless mad a part of the bill of exoep
tlnns.
1. Where plaintiff In a suit for slander
pleads that words actionable per se were
spoken of plaintiff by defendant In pres
ence or a third person named and others.
proof that the words were spoken to such
person alone win sustain a recovery.
8. On appeal a Judgment will not be re
versed for an immaterial variance between
an allegation In the petition and plaintiff's
proofs. -
4. To say of a woman in her profession
of school teacher that she "Is craxy and
not fit to teach school." or that she "fs
craav and Is an unmerciful liar and Is unfit
to teach school" Is actionable per se. If the
words are spoken to and beard by a third
person.
t In I suit for slander pleading and
proof or special damages are unnecessary,
where Imputation Is actionable per se.
6. Where words actionable per se are
r roved as pleaded In an action for slander,
he trial court should not sever words or
phrases composing the defamatory matter
and Instruct the Jurv that tho dismembered
parts are not defamatory.
7. In proving a slander composed of
several phrases a witness Is not required
to state In an answer to a single question
all of the defamatory matter pleaded, but
It Is sufficient to testify In several answers
to all of the phrases composing the whole
and state facts showing that they were
published in one conversation In the sense
alleged In the petition.
8. If criticism of an Instruction Is based
on particular testimony, such testimony
should be specifically pointed out In the
brief of a correct reference to the page or
pages In the bill of exceptions, where it
may ba found.
8. A defamer who publishes a alander
may be held liable for the consequences
of later publication naturally, resulting
from his act.
10. On appeal appellant cannot predicate
error on ruling in ins own ravor.
11. Where malice is an issue In an action
for slander the plaintiff may show that de
fendant repeated the words both before and
the event of such contest proving success
ful the estate acquired for the minor
thereunder is proiierly chargeable with a
reasonable compensation for the services
of the attorney In such proceeding.
2. But where In such a case the persons
employing such attorney agree with him
that he sholl receive for his services In
that behalf, one-third or one-half of the
recovery In such contest proceedings, such
agreement will not be sustained and the
estate recovered for such minor charged
therewith, unless it appears that suoh pro
portion of the recovery does not exceed
a reasonable compensation for the services
so performed by such attorney.
1. And In sucn a rase It is the duty of
the court, even It no defense In Interposed
n behalf of such minor, on its own mo
tion, to protect the Interest of such minor
by refusing to permit a recovery tor more
the execution creditor who also held a de
cree of foreclosure of mortgage against the
property; that the execution debtor was
insolvent: that the appraisement was of
the gross value of the property without de
ducting liens; that the bid was mail v "h
the understanding of both sheriff and
-mrchaeer that the excess or the v.C. should i
le applied on the oreclosure decree; ana
no money was paid to the sheriff, a motion
to require the' officer to pay the amount
of the bid over the execution debt Into
court for the benefit of the debtor should
not be sustained or, if sustained, the order
not enforced until a reasonable opportunity
Is afforded the plaintiff by proper pleadings
to set out the facts and apply for equitable
reller.
17002. Alnlay against State. Error, Gos
per. Affirmed. Fawcett, .1.
1 ' The reception or. Incompetent evia
ence tending to establlsTi a certain fact Is
not prejudicial error when the same fact is
conclusively established by competent evi
dence." Fike against Ott. 78 Neb. 43!.
2. "How far. if at all. a party shall be
permitted to cross-examine, or put leading
questions to his own witnesses, where they
appear to be hostile or unwilling. Is In
the discretion of the 'trial court, and ita
rulings in such matters wll not be dis
turbed except for manifest abuse of dis
cretion." Hackney apalnst Raymond Bros.,
Clarke Co., 8 Neb. fi4.
3. In a prosecution for gambling, where
the case for the state rests largely upon
the testimony of witnesses who have been
guilty of a like offens, and the court pro
perly instructs the Jury as to the weight
to be given the testimony of such witnesses
and the testimony given by such wit
nesses is sufficient to sustain the verdict
of the Jurv rendered thereon, the verdict
will not, ordinarily be disturbed in thla
court, even though such testimony bs con
tradicted by the accused.
1B4M. The First National Bank i of
Omaha against Cooper. Appeal from
I toy n las. Reversed and remanded. Sedg
wick, J.
1. No appeal Is allowed from findings
of fact or conclusion1', of law. A party
may appeal within six months after the
entry of final judgment or overruling a
motion for new trial.
2. Under section i:(. ch. 16, . Comp. St.,
the liabilities of stockholders upon the
default of the corporation la limited to
their unpaid subscriptions to capital stock
tl.rV
8. The crime of adultery being seldom
susceptible of direct proof by eye-wlt-ntsses.
resort must be had to circumstan
tial evidence.
Swallow against The Eureka Mfg.
Co. Appeal, Lancaster. Afttrmea.
Ximmttm .1
A party to an action against whom no
Judgment has Deen renoerea or, wnoso
rights are not affected by the Judgment of
which he complains, cannot prosecute an
appeal. Cowherd against Kitchen, 67 Neb.
426.
1MM. McDonald against County of
Thomas. Appeal. Thomaa. Reversed and
remanded with directions. Itton. J.
A iuriirment when revived draws Interest
at the legal rate from date of Its rendition.
16488. Justlus against Lincoln Traction i;o.
Appeal, Lancaster. Affirmed. Root, J.
1. One who for the purpose of qualifying
himself to serve a street railway company
as a conductor Is permitted to go upon Its
cars and perform such service as the con
ductor directs. Is the company's servant
notwithstanding he receives no wages from
his master. The motorman upon the car
Is his fellow servant.
2. If In an action In equity to secure a
new trial of an action at law it appears
that the plaintiff's evidence In the law ac
tion did not establish a cause for action
against the defendant, and that the court
in that action fairly submitted tne contro
versy between the parties, a new trial will
not be granted notwithstanding the plain
tiff was prevented by accident from securing
a transcript of the record of his law suit
until too late to give this court Jurldiction
on appeal.
UM02. Olrard Trust company against
Dixon. Appeal from Loitan. Reversed and
remanded. Rose. J. Fawcett. J.. dissent".
Under section 22 of the code signed and
delivered letters written by a purchaser
of mortgaged land to the holder of the
mortgage arrest the running of the statute
of limitations acalnst foreclosure, where
tho letters, when reasonably and properly
construed, contain an acknowledgment of
the mortgage and of the existing Indebted
ness, no technical phrase or particular
form of expression beintj required.
Ilulldinu Permits.
Mrs. Marlon Scott, t'12 Douglns, exten
sions, I1.0UO; Charles Rosso, 3U10 Jones, re
pairs, $50.
I fLVY , I
I I' ."v "IS V;.1'
m r j 1 ' ff j m
I mh ----- 1 h::'f '
I ' ' j ir;
I S i ' ' "V3" -
HOME FAT REDUCER
Work Kapldly aaa Safely Beaalrea Ho
X zeroising1 aad Allows You to Hat '
What Ton Uka Uvea oa the Hot
test Says Cut Thla Out.
For the benefit of those who wish to re
duce their flesh quickly and safely, con
tinue the process during the hot days of
summer, we will give the recipe and direc
tions In full for a simple household rem
edy that can be obtained, at trlfllngj cost
from any arood drug store: ounce Mar
mola, ounce Fluid Extract Cascara A To
rn alio and t'i ounces Peppermint Water.
All three are cheap and wholesome, but
yeu should take care to get an unbroken
package go that you get Marmola and not
a substitute. When you get home mix the
three together by shaking thein together In
a large bottle and take one tea do on ful
after each meal and at bedtime.
Follow these directions and you will have
the beat fat reducer that money can buy.
It will take off the fleeh at the rate of at
least . two pounds a week without dis
arranging the stomach or causing wrinkles,
while, best of all, no exercising or dieting
is required to help it out. You can get re
sults and at the same time take things
ay, loll In the shade, eat what you like
much as you like and whatever iou
like. Adv.
"TTF YOU covet that slim-and-trim "English air" with
out false "airishness", HIGH-ART Clothes will
crive it to vou. They're unwadded and unpadded.
with soft, rippling body-lines that melt into the figure.
Modish r Yes! roppishr No! All-wool r Always!
"HIGH-ART" Clothes are tailored of rich-draping fabric and have a "chic", young
mannish style that will make the most and best of your physique and personality.
"HIGH-ART" Clothes are on view a( nearly every shop that sets tatis
faction to the customer above mere sale. Find the "HIGH-ART label
in the breast-pocket of the coat.
A Pictorial Exposition of the season's most applauded modes has been set
aside for yu. Write for it to
STROUSE & BROS. '
Maker of "High-Art" Clothe
BALTIMORE, MD.
PALACE CLOTHINO CO.,
Cor. 14th and Douglas Sts.
Omaha
Agents
( iyClyOTtilNO COMPAAT
Omaha
Agents
...........saeasaassssasaaasaawalaajgjgeaMaaam
JTo. B Sunday, AogTat 80,
What Book Does This Picture Represent?
Title
Author
Your Name !
Street and Number -
City or Town
Write in title and author of book and SAVE coupon and picture.
Send no coupon until finish of the contest is announced. Each picture
represents a book title not a scene or a character. Catalogues containing
6,000 names on which all puzzle pictured are baaed the catalogue used
by the contest editor are for sale at the Business Office at The Bee for
25 cents: by mail. 30 cents.
Rule of the Contest
All persons r liprlble t mtir this eontnt novpt smplerr of th Omstit Bs sat
mum! of thtlr UmillM. Kih oy. for tcvmty-firs dri, thfro will b putillahod In
Tha Bp s plcturo whtrh will rvpreaont t h nrnno of a book. Raneatn aach plctura tharo
will ha s blank tar tba eoataotant to fill In tha tl'.ia af the hook.
Cut out both tha plctura and tha bit nk awl fill In fhr nama and author sf tha book
sad add your nama and addraaa naatlr and plainly tn tha apaca provMrd.
Na raal rlotlona wlli ba placad on lbs wiv In whl'h tn tha pl-tura bit ha aa
urd. Bach piotura rtprtafnta only ana tltla of on htok. If ynu ara not aura of a tltla
and wlah to atnd In more than on anaw r to aah plrtiirr, you may do ao BI T NOT
MORE THA.N KIVB ANSWER TO ASV ONB "T'Tl'BB WILL UK PERMITTED. In
oorreut aniwrra will not ba rountad train at rootrtttntt it pen-art tntwar la alao gins.
Mora than ona antwar should not ba put on ih ia rnupnn Kitn ooupona ahould ba
sard for aitrs anawera. All anawara to tha aama jlumoer ahould ba kpt togathar whan
sanding In tha H. Only one hit may ba auhmutrd ty ona contattaut. tbough any Mat may
aava flra anawara to aach puttla.
Tha aumbar of ooupona naad anawara glvan must ba plainly wrlltaa on tha outalda of
aach BKT rubmlttad, but do Dot wrlta auch inrormallon on lha wrapper.
While not ahaolutaly nwetaary. It la dmlrable that tha piciuraa ahould la aach eaaa
ba sent In will tha antwera. In order that all anawara ba uniform. Additional pictures
and ooupona may be obtained, at the ofrioe of The Bee by mill or In pereon.
Wbea you have all eTenty-flTe pleural, fatten than) toether In a FLAT paokare and
bring or mall them to Tha Omaha nee, adrtrerard o Bookloven' Conteat Editor. Prliea
will be swarded to tha eonteetanta sanding la the laneit number ef oorreot aolutlana. Is
erant of two or more pereena haying lha tame aumlitr of correct aolutlnna. tha ptraon
aatsg the smaller number of extra ooupona In Ma eat nf anawara will be declared winner. In
arent of two pereon t harlng the aarae number correct and uelna, tha aama number of eou-
pone the perton whoee eat of anawera la moat neatly prepared, la tha opinion of the Mil
judilna eomutlttee, will reoelee the flnt prlte.
Only ona Hat ot anawara may be auhailtted hy a contestant and only one prtn will la
awarded to one family a! one addreae
The see of the coupona la sot obligatory span the nontenant, and sn answer may he
submitted Is any teaIbis1 manner (he ronteittnt may aeleot.
Awarda will be made etrlctly aocordlni to tha merit or each separata Hat.
The same af more than one pereon m uet not he written upon any one coupon.
The awarda will be made by tha Content Editor and a committee at wall-knows cltl
seae. Whoee names will be announced later
The content la limited to tha following terrttary: Nehraaka. Wyoming, that portion ef
fawn west af but not Including Dei Molncl. and that section of Booth Dakota known as
me Blaok Hint oietriei.
FIRST PRIZE jSoo
Vhite Steamer Automobile
A 6-pBisenger 1911 Modal White Steamer Touring Car odorless, smokeless
and noiseless. No cranking, no shifting of gears; any desired speed. Whits
Steamer stales Increase each succeeding year. Has practically an endorsement
of the United States government, which owns and operates more White Steam
era than all other cars combined. Hichly upholstered, beautifully flnlxhed, un
limited power, controlled speed. This oar will be exhibited in Omaha at a late
date'
Value
la the soft, semi-tropic, olimatlc cone, extending
north from San Diego to Shasta County, California.
Ilea Tehama county, In which la situated thla beau
tiful little 10-acre ranch near the town of Ked Bluff.
This is fruit land f a very high order and Is part of
the celebrated Lutheran colony which had Its Incep
tion with an Omaha clergyman. Literature describ
ing this property may be had tt the office of TOW-BaVTDOB-BOLBTfB
CO, in the City Vational Bank
B ailOiug, Omaha.
SECOND PRIZE
fllllliti
THIRD PRIZE Sft
The magnificent, fancy walnut XSIU
AUTO OBAWD PX.ATXB-PXAITO which noth
ing can excel. No other player-piano has In
the absolute the "human touch" ao desired by
a musical ear and so priced by the manufac
turers. This Instrument will be exhibited, ex
plained and played for anyone who wishes to
.see It In the ware rooms on the third floor of
THE BENNETT CO.
FnTTPTH PRT7F. Y!L; siassssses
X J S AA A AA A ANAAef A4
Ralston la to be a manufacturing city. They
have a fine start with the Brown Truck Manu
facturing Co., he Kogers Motor Car Co., and the
Howard Stove Works. Everything desirable to
comfortable living may be found there. On one of
the main business streets tho Bee has selected its
fourth prize a business lot 26x100 feet, and
valued at 7.
FIFTH PRIZE, Value $225
In the same town and with the same proupect of advancement, the Bee
ba selected a residence lot 60x120 ft., and valued at t32S
Kalwtoo le on the only tntwrurban trolley line running out of Omaha, and
within lorty minutes of the Omaha postofflce.
Complete Information about this property at the office of the KAXITOX
TOWMeira ooatAit, ao south 17U St., Omaha.
SIXTH, SEVENTH AND EIGHTH PRIZES
Thla ingenious encyclopedia, which la a develop
merit rather titan Invention, has beuidea it conven
iences the value of hundreds of edltots mentally
equipped to make on of the greatest encyclopedia
ever complied. On of the strongest recommenda
tion for this work la that It Is from the press of
l h rellMhlA old hutia Ae ewna ww w
' JW "i Xk,b4o" Ua and Sdlaborgh, which
waa it,uiiurtu in ilia,
This encydlopedl of twelv volumes which Is valued at $ a act. may ha
n at the Omaha office of W A. Hlaeabangh h Col, lti fc Btary'a ieeane.
NINTH AND TENTH PRIZES
Ihese prizes consist of twenty-four volu ne cloth bound ts of the "Book
0,.K"?,'e d""'u fn encyclopedia made especially for children and sold at tit a
aet Th n work is written In simple language and is a "wonder book'' In tliat It
make inipi all knowledge necessary to broad oducatlon. There are hundred
of colored plate and thousand in black and white. Thi Is a fully equipped
UlattlM 181, 'MaVy!4 FAL " OUUkh ttl
- FORTY.FIVE CASH PRIZES
Five rrizes of $10. Ten Prizes of $5. Ten Prizes of $2.
Twenty Prizes of $1.
WATCH FOR THE DAILY PICTURE. IN THE BEE.