TIIE BEE: OMAHA. SATURDAY. FKBRUAUY 24. 1912.
I
J
4
OFFERED FOR SALE
Scam ana unices.
STORAGE ROOM FOR RENT
OR LEASE
in2!th,',,d "f1 n"- AwT Bldg..
JWT-MU Lesvenworth St., wholesale dis
trict; clone to freight house; floors SxlK
feet, offices, elevators, two witch tracks
and loading platforms.
Inquire O. W. Perrtn. Mar. Arerr Co..
office entrance directly opposite Union
station.
IVarekease.
CENTRAL location, on 10th St.. with
railroad spur. Building has 15.O0A square
feet and gold basement: steam heat
Vacant May 1. Rent i(M) per year.
Harrison & Morton
OFFERED FOR SALE
Paraltare.
AT PRIVATE BALE 1 good folding
bed, dining room table, dishes and other
household furniture. Saturday afternoon.
1560 Georgia Ave.
'typewriters.
RENT an Oliver typewriter from the
Oliver Typewriter Co. iKwglaa Sis.
TYPEWRITERS. ALL MAKES For
sale or rent: largest stock: best bargains.
B. F. 8WANSON CO, 1311 Farnam St.,
Omaha. Call or write.
WOULD you show our wholly visible
typewriter to your friends and let them
see wherein It excels any (UN typewriter
made. If you could, without costing you
one cent, have the typewriter to keep
forever as your own? Then write ni"
full particulars. The Emersoa Typewriter
vo., bos. m, Woodstock, III.
Mlseellaareas.
FOR SALE Two scholarships In the
umsna uommerctai college and one In
Boyles college. Business office, Omaha
nee.
REAL ESTATE.
tlTlf PROPERTY SUM SALS
Special Bargain
Bemis Park
A square hours with central hall, music
room, parlor, dining room, kitchen; oak
woodwork, oak floors; lavatory and
mantel and grate In the first story; S
bedrooms, bath rooms and mantel and
grate la second story; floored attic and
full basement with extra toilet. Lot
Sen ft., on a boulevard with shade,
shrubbery and garage. Price. limM. The
house alone could not be replaced for the
full price, sad the lot Is worth Its
Streets paved and paid for. Special rea
son for selling.
J. H. Dumont & Son
WW Farnam St.. Omaha.
Phone Douglas eW. '
REAL ESTATE
FARM R AM II LANDS FOR SALE
Drifts, ralsustkla.
HAZKLTOX A new city, situated In a
new country. Central British Columbia,
on a new railroad, the lirand Trunk Pa
cific, offers ground floor advantages to
investors and settlers. Located st the
hcsd of steamer navigation from the Pa
cific: surrounded by productive farm
lands and a rich mineral area. Close In
lots selling from W to Hue on very easy
terms. Send for free booklet. Address
CANADIAN NATIONAL INVESTORS,
M Paxton Bide, Omaha. Neb.
PAR er R4MH I. A MIS KWR 4I.K
FOR SAL: OR EXCHANGE
W-ACKE ranch. Haves county. Ne
braska; 60 acres alfalfa, WO acres under
plow: so- acres good bottom alfalfa
land; running water; good Improvements;
good terms. Write, C. A. Kiley, llast-
Lings, Neb.
5-R00M BUNGALOW
Opposite Beautiful Miller Park
Uvlng room, dining room and hall
furnished in oak; bedrooms osk floors
and white enameled woodwork. Walls
rough sand finished: tsstily decorated
dining room, haa plate rail, panelled and
window sest. sun parlor and sleeping
room: beautiful lighting fixtures; thor
oughly modern; large attic, floored
(couple rooms can be finished); full
cemented basement with coal bins;
cement walks in front of and around
house: large lot (sodded), 44x146 ft.: well
built open front chicken house. 12x14 ft.,
with fenced yard. A suburban home with
all the advantages of the city, 33 minutes'
ride to Farnam St. Located In Norwood,
No. mi N. 24th St.
FOR SALE Secotie hand 3 H. P. Cuah
msn motor, fine condition. 111! Farnam.
FOR SALE New and second-hand
carom and pocket Millard tables and
bowling alleys and accessories; bar fix
tures of all kinds; easy payments. The
Brunewtck-BsJke-aol lander Co., 4OI-40f &
l'Xh St.
; ID SAFES. DERIQHT, UU Farnam St.
BA FES-Ovsrexocked with second-hand
states, all sixes and makes; bargaina,
American Supply Co., 1110 Farnam St.
jtS Coal for stove or furnace. Try ft
Harmon 4t Wroth. Webstar tit.
GOOD second-hand meat refrigerator.
Henry Giants. Harvard, Neb.
FOR BALE Three pool tables, new
cloth: flnrt-clasa condition; M. Call
Harney SB.
15-HORBEPOWER direct current motor
In perfect condition; baa two new arma
tures, 600 volts. 30 amperes, 1.00s R. P.
M. About M feet of 3 7-14 Inch shafting
with bangers and two pullsys May be
seen at 1Mb. and Pierce. Out Wilson
Steam Boiler Co, new location, 30th and
Center.
FOR BALE One Fix steam table and
coffee urn; used one month; cost 3100, will
taka f. J. 8. Sherwood, Preeoott, la.
FOCLTRY AND PET STOCK
EGOS for hatching from the Brandslt
Farm. Thoroughbred 8. C. White Leg
horns. Utility stork, 1.M a setting or
K per m Exhibition or show stock. to
36 a setting. Writs for catalogue. Address
A. D. Brendels, Omaha. Tel. Benson tm
KAFFIR corn makes bens lay, 33 per 100;
screenings, 31.36 per W0. Wagner, 801 N. Is.
T C. R. I. ckla, large, strong, vigorous
Mrda, bred from stock scoring from II
te nvs. A bargain, prices H to I. c c
Cunningham, KnoxvlUe, la.
EX JOS of Rhode Island Red for setUng.
Phone Webster 627.
30 thoroughbred Buff Orpingtons: good
stock. Phones: Florence 4, lnd. lite.
PERSONAL
43-DAT BLOOD REMEDY.
Glad nil Pharmacy, 12th and Dodge,
IJEBEN, mask suits to hire. 1614 How'd.
Massage, Ritt en house. 903 Old Boston Bid.
WE rent and repair all kinds of sew.
Ing machines. Ind. A-1'HI. Douglas IMS.
NEBRASKA CYCLE CO.,
llth and Harney Sts.
Bricklayers
ratton-Bowman Hardware Co., 1113 Far
nam St., are selling tools at cost.
RHEUMATISM
Absolute guarantee to curs at a rea
sonable price. Many people In Omaha
have been cured whom we can reier to.
No fake proposition, rnone rtemey wxt.
v, 11 Vil nmM romlnar to Omaha as
strangers are Invited to visit the Young
X.- i.k-4atan ..andattftn hiilldlna al
Seventeenth and St. Mary's Ava, where
they wtll De directed 10 suiisoie ouerwns
Dlacea. or otherwise assisted. Look for
our travelers' aid at the l.nion station.
SWEDI8H massaxs for rhsuroatlsm
trouble, poor circulation. Karsten Tonseth
only Omaha masseur graduate from Swe
den, sua urn. nai 1 omm. is-"
MASSAGE TxT
Mrs. Steele.
17(0 Dodge. Ground floor.
f ASAJiV" Uh. salt glow aromatic
ALAOoAurj treatment. Mm. Allen
of Chicago. ICS a 17th St. 1st floor. D. ;.
You Will Buy a
Home
like this when you see It. a) feet front,
130 ft. deep, facing south, smsll terrace,
house placed on west side, giving pirniv
of east exposure, newly paved ana curbea.
lust right distance from car, ft. to
Farnam line; new homes on south and
east; kitchen, dining snd living room and
reception hall down, 4 bed rooms up; boa
plumbing and neat; stairway to aim-,
beautiful view of Dundee and Weft
Omaha; 36.600; lot Is worth 13. MO. house
worth $4,000; rxe cash, balance 3S per
month. Including Interest per cent.
Only I blocks to new cathedral.
0 KEKFK REAL ESTATE CO..
ll Omaha Nat. Doug, or A Mil
Evenings Harney 3M3 or A-61M.
EASY "WALKING DISTANCE
t4M Jones St.. s-roora cottage, with
bath, toilet, washbowl, hot and cold
water ell In fine condition. BOUth front,
oared street, paving ail paid- niy or
A mlnutea' walk fmm the COUrt house.
Price. 11.168. if you want sometning goos
close In see this at once, a bargain like
this wtll not last long.
8. P. B0STW1CK. BOLE AGENT.
HI 8. 17th St. Ground Floor Bee Bldg.
Lalltmrala.
DONT TV A IT I YEARS.
BIT CALIFORNIA FULL-BEARING
ORCHARDS.
MONEY BACK IF NOT SATISFIED.
IW cash nsd 390 per month buys five
seres with full bearing fruit trees In the
fsmous Bldwell orcharde at Chico, CaL
rayuienla include Interest and taxes
Your money back If not satisfied upon
Invest igation. The Bldwell orchards are
the most noted and productive In the
wonderful Sacramento valley of Califor
nia. It's our confidence In this land
that prompts this generous offer. We've
peaches, prunes, aimomis. spricots and
Bartlett pears. Buyers' railroad fares,
not exceeding 3. will .he credited on
purchase price. Land adjoins the thriv
ing town of Chico 114.000 pop). (Refer
ences: Any bank of Chico. American
Natlonsl Hank of San Francisco and
First National Bank of San Leandro.)
Send lor valuable Information and fact
to
Bldwell Orchards. Inc.. Chtco. Cal.
Florida.
IN THE FLORIDA MOUNTAINS.
Of course there are no mountains In
Florida like the Rockies or the Blue
Ridge, but there Is a great hill range
that Is marvelous to those not acquainted
ulth the fucts. Tory are frequently re
ferred to by writers as the "Klorlda
alountaipa" or the ''Florida Sapphire
Country.". They are among the mot
fertile agricultural snd fruit lands In the
stste. They will be opened for home
seekers and Investors on March X under
the aueplcea of civic and municipal or
ganizations. Hundreds of people from all
over the United states will be at this
opening, liomesieekers rates, ror lur-
ther Information write or wire
BOARD OF TRADE. DADE CITY. FLA.
Kekraika.
S1.M0 will buy the best IsO-acrs home
stead in Nebraska; partly Improved.
Write owner, C M. Hoffman, Kimball.
Neb.
FARM bargain near omana; possession
given. Or.n a Merrill. UU City Natl
Bank B'dg.
SIX-ROOM FLAt-Entlrsly modern.
Farnam St., near City Hal!. ISA Fhona
during day. Doug 4T4.
BIO OROUND. GOOD COTTAGE.
OiKB feet, with modern cottage,
rooms, some fruit, fine tor garden and
chickens, not far out, closa to car,
can use a god lot.
W. T. ORAHAM, Bee Bldg.
CLOSE-IN PROPERTY
FOR SALE
tt,?M will buy two frams houses, one
t-room and one t-room. which should
easily rent for tf per month, on a lot
tux Hi feet, east front, closa to lth and
Bt. Mary's Aval t.iW rash, balance five
years at per cent. This Is a good Iocs
tlon for an apartment house or brks
flats. See us at ones.
GEORGE & COMPANY. Agts.
30J.il City Nit. Bank Bldg.,
Phones: D. TM or A-17W.
Country Home
To lease for 1 to 3 years. 10 acres, with
orchard, gardens, 9-room house, electric
lighted, Isrge barn, poultry houses snd
private water aystsm. ! Center St.,
(paved.) one mile west of llanerom Park,
with city school two blocks away; has
small bouse tar gardener, ISO Per month.
Harrison & Mortoa
GOOD HOL'HK FOR COTTAGE.
Near 34th and Emmet fits, new house,
I rooms, modern. 1 Wsnt cottage; will go
out.
W. T. GRAHAM, Bee Bldg.
FINE BUILDING CORNER.
17th and Lake Cts. Street paved, apace
for four houses. Will take cottage.
W. T. GRAHAM. He Bldg.
BfcMlB PARK, ft24 Laaayette Ave.,
rooms modern, hot water heat, corner
lot 12x140 with room for another house.
Must sell, price. 34 SO. Call luug. H4
for appointment to see the house.
W LA Rl MORE AVB.-32.e9i), new 4
rooin modern house, except heat. If sold
at onoe. See me. Phone Webster 11.
THE SALVATION ARMY solicits cast
off clothing; In fact anything you do not
need. We collect, repair and sell at 114
N llth St., for cost of collection, to the
worthy poor. Phone Douglas 4136 and
wagons will call.
f LdKHV Swedish movement. Apt
MAiX3JHi r M parnam. o. (240.
SWEDISH
Bnyd it,
massags, vibrator and
radiator treatments. Mrs
m Bea Bldg. Red SO.
'MAGNETIC
treatment. E. Brott, 714
g. 16th. 2d floor. D. U.
BEST bracer for men. Grays Nerve
Food pills. II per box. postpaid. Sherman
eV McConnell Drug Co. Omaha. Neb.
HAIRDRESSING. Manicuring. Sham
pooing. Scalp treatments a apecla'.ty for
ladles and men. Mrs. Pierce. 361 Far.
(formerly of Wead Bldg) H. 6W1. lnd.
A -1436.
BUY, FROM OWNER
For quick sals and a bargain for one of
the best homes In Dundee with hot water
heat, oak, birch, upstairs, garage, hslf
block from car lins, south front, paved
streets, shsde, lot SOxIM. Bull by owner.
TEL. ILARNEY 2976
PRAIRIE PARK
Most artlstle and uniform residence dis
trict of Omaha. Few vacant lota left.
ll.W to tl.odO. Htreete paved and parked.
Payable 1-10 casb, balance monthly. Will
build to suit on asms terms or will ad
vance cost of house and build yourself.
The Paxton Real Estate Co.. tui Ware Bk.
16 INVESTMENT.
Two modern apartment ouiioitib". v. t.
apartments eath. rented for 10.(x per
111 000 cash, balance In annual payments.
Three new modern brick flats, rented
for 12.100 per annum. Price. tSkOM. Writs
" WESTERN REAL ESTATE CO..
411-13 Karbach Block.
I ACRES: new; Improvements: l,uw
bearing grape vines; horse, buggy, cow.
Ti chickens; price, 13.60- Phone Benson
31-W.
TO WHOM IT MAY CONCERN.
This Is to certify that t have, on the
rtst day of February. !!J. commenced
suit sgalnst my wire. Margaret Edwards
Homey, for an absolute divorce, and that
she does not reside at my domicile, and
that I In no way shtll b U.ible for any
debts contracted by her and to bar name
or mine from this dty on.
WILUAM J. ROMET.
February S. 1912. '
GOING TO VfEST INDIES
I wilt sell my 3-room house for CNO
and my s-room house for 31 ". lxxs fac
ing 16th St.; on grade; worth , wUl
sell for IJM.
J. P. JACKSON.
Phone Douglas US. liU Frederick St
1 will sell the cttoiceet. building lot in
the Hancom Park district upon the
most favorable terms that could be de
sired. If you contemplate building this
sprlnc. belter see me soon. Lot located
ni.et corn' r lid and Arbor. Tele-
. phone Harney 2344 or South iS. William
it. itoum, sr
43-Bt'tiHEL WHEAT LAND, 13 to S3
PER ACRE.
We have for sals over J6 000 acres of
Cheyenne county, Nebraska's choicest
fsrm land, where the crop yietta for ii
ysara. Including ltl and Ull. averags
with the beat In the state. Alfalfa a.ao
leading crop tietter son, water ana
climate cannot be found. Write for full
Information today. Agents wanted every
where.
FUKblNGSLAXD INVESTMENT CO.
Sidney. Neb.
WANTED TO BVY
M-hsnd gooda. Kleser. W Center. U tssa.
ANTED To buy old broken wau baa.
M. Nathan. 10 S. 13th St.
RAILWAY TIME CARD
Barllastoa btattaw
BarllBgrtaa
rser 41 Cslllerau
Maanefca petals
Plera Hll!.
Liecola Mali
Nertfcveet Kiereas ,.
NakrMka Kereia
a-karler-PtMUmeeta
Urwols lGtl
1 WANT lo huv a acond-hand type- i PlaMis)iaS-Ua ....
writer; must he In good condition and n.ii-n.(ueai
cheap. Underwood or R.-mlngtou pre-1 J??",
f erred Address P l. Bee I ST xTJJl.
rsus rn axsms.
t'liwe tla.1 Ueral...
St. Iimh koscMe.....
mmm H? A St. J
VCAXTEH TO HORIWW.
WANTED-."i)0 at 6 per cent; first
mortgage on property worth io.ow, in
come of Sl.uOO a year will be assigned it
4ired- .Address V 21, Bee.
Thousands of people have
found the home tney wera
looting for among the real
estate ads on The Bee want
ad page The home you
want to sell can be dlapoaed
ef quickly at cost of only a
few rent through Bea want
sua
WAXTED SITCATIOXS
""BUNDLE aud family washing wanted.
Hsr. fJ74.
-Tewta St seen
Desert. Arris
....a is r a I u aw
...a ( a I 14 rm
..-a a) aw s 4 IS sal
... s 4 pm s sw
.... 1 pm sit ti M
... til SVs- s t as aw
a S tl aw a 6 is pet
....klstssi ststsaw
. IISu
a s is aw a ss iw
alt S mm a 44 wm
,....a t H am att'U pm
all X) ra a t )
a 4 em a t 14 aw
w M
...USn Siewaai
....a is sei an ts aa
... a aa a 6 at aw
lanaas l"hj S L Jni ...a 6 14 aw a I t pal
Kaaaaa CM a St. J. a a t m F-
STKAMSH1PS.
Pto.SITIO.N wanted by a reapeotahle lady
as housekeeper for a widower can apeak
Uerman and English. Addrees w w. nee. '
MUST-nava work or starve: young I
married man would like a position of i
snv kind; no booscr; any kind of work;
not afraid to work. I. us. iiee.
RESPKCTABIJi mld.ile-aaed lady de
sires situation In small family as house
keeper, or take care of children. Tele
phone Douglas 49ti&.
YOl'Nll LADY, well educated and ex
perienced stenograpner, wishes a po
sition with a reliable firm, with good
reference. M m. Bee.
"POSITION wanted by a good, steady
and sober tsl'.or. to do altering, buahei
Ing; ran do cleaning and pressing. Would
like to be in rlothlng store, Wilts to
Fred Kasner, Manning. la.
WANTKD-Posttlon to do general
housework (no wahimt In a homelike
family. Address. S7U1 Hamilton Ave.
Allelnstehende Frsu, JO jahre, deutsch
mid engllsche sprache. sucht stelle ats
haushalterln bet alleinstehenden lierrn In
beaserer Lebenatellung. Addreas
FRAU BEUNKRO.
YOUNG lady, experienced, wants posi
tion In private family or as chamber
maid In tlrst-olass hotel, call, Room L
Midwest hotel. '
WASHING and Ironing done. T.. H. MM.
Fli st-. law. prac I, al nur H SI0, A tnlt.
Curtaitii launoered. ttusiameoq. w. aua.
I-
tlon In Omaha: good hahitu, willing
U'
110MESTEAD-i20 acres rich farm land
for Ilia, tiling fees and all. N sand hllla
J. A. Tracy, Kimball. Neu
FARM bargaina near Omaha; possession.
Orln 4t. Merrill. 1213 City Nat l Bank Bldg
Vewrgta.
GREAT SOUTH GEORGIA
Traversed by the
ATLANTA, H1IU11.NOHAM - ATLAN
TIC RAILROAD.
lAnds sdapted to the widest ranis ef
crops. All the money crops of the south
pltnllfully produced. For literature treat
ing with this coming country. Its awl.
climate, church and school advaauwsA
"m" TV. H. LEAHY. DEPT. K.
General Passenger Agent.
ATLANTA. OA.
lewa.
THE easiest way to tind a buyer fo;
your firm is 4s insert a small want ad
in the Dea Moines Capital. Largest cir
culation In ths state uf Iowa. 43 ou dally.
The capital Is read by and believed In
by the eiandpatters of lows, whs simply
irfuss to permit any other paper in thei;
home. Raies, 1 cent a word a day; ll.
per Una per month; counl sis ordinary
words to the line. Address Das Monies
cspltal. Dea Moines, la-
Mlaawarl.
SPECIAL BARGAIN
Quarter -section Missouri valley to
bacco, corn, clover, and wheat land;-good
house and other bulldinga: 60 acres In
a heat, acres In tarns grass, balance for
corn: flneiy locttea. 4 miies to goou town,
on H. r'. D. and telephone Hues. Rents
lor half crop: a money maker; good rea
sons lor selling. Address, X 217, Omaha
Bee
soalla Dakota.
XXI ACRES near Aberdeen. mil's
from James river, H mile from small
town: all good, hard soli; no ssnd; no
buildings; &0 acres cultivated. Owner
must sell: 136.00 per acre; half cash or
less. Tills la worth more. T. W.
Wheeler er Co., til J Bee Bldg., Omaha.
Phone D. "4. '
Mwcellaaaaas.
Farmers and land buyers
all over the country are
leading Bee want ads every
oay and snapping up srsry
targain offered.
Hates ! cents per word
If run only one time, lo per
word If run two or mora
limes consecutively.
Write snd mall your ad
today to Mca! Estate depart
ment of The OmsHa Mea,
itesults are sura
YOUNG man stenographer desires posl
worker, ennd heslnner. Address rBU'
Parses, care general delivery, poetofflce.
"KlSITION aa woitor, experience. Ad
dress W. h Sllmnson. cars general as
livery, llmsiie poetofflce.
TWO ladles want chamber work; warn
to go home nlghta. Inoulre 310 N. I"'hgt.
"TbLORED lady wants posillon si
dlfhwsshsr. Webster a4a.
Bra want ads will sell fur
niture, pianos, stoves, type
writers, sewing mschlnes,
musical Instruments, bicy
cles, etc.. at a cost of only
a few cents. Don I delay;
STKAMSIIII'S
EUROPE In comfort: select and limited
parly sailing June u via Ai-auerraneaa
eighth sesson, Anna J. i
Council Bluff.i. Is., 617 Willow Ave,
PRIVATELY conducted eantern tours
tn, vnune uiim.D durlnv the summer
months: limited number; select. For
nartlculsrs call Miss E. M. G.. W9 City
Nat l Bank.
UVia" BTOCK MARKET OKWEST
Tbe Royal Mail Steal Packet Cq.
KTr.r.T- "ARCADIW
galllag Bvsry atarday at aeoa te
BERMUDA ZZXT
BMilaaa aaS Nll-anslk wlrraca la every
nam aaa aMay ether el4l4 tsatares
Mlaiae4 la aa ether etaejeahle
Ttcfceui hy AivaStaa aad ParaiaSlas srs Ister.
I IBrtSMIsM tea. sats. . B Statt .KT
It So La Salle St., Chicago
OR ANY STKaMHHIP agf:nt
Supreme Court Proceedings
t If the rsrord contains competent evl- I purpose of the action would be batter
denes from which the Jury could reason- 1 subserved by the appointment of a re
ably find the defendant gulltv of the i cetver to wind up tha affairs thsn bv per
ciime charged la the information, a re-1 muting the buainee by "Y
lewlng court will not be justineu la set- ."n... u. i -v ""'
Ing aside such a verdict. , corporation as tittes. finder rtln'
a- aoa cu. 1. ' wuyi o(A 11 "
ting astoe sticn a veroicv. i
3. It la within the discretion of the dis
trictcourt to reasonably limit the lime
allowed counsel m which to argue his
cause to the jury, and unless It appeals
that there haa been an aottse or sut'n
its nower to aip4nt a receiver.
Ile. Moctgoenery agaiast Drasher. Ap
peal from Douglas. Reversed and re
msnded with di'ecttons to enter a decrea
of firt-eclosura, Reese, J.
1. Sim tha use of private seals hns
been abolished in this state, all contracts
are upon the as mo footing as Simula con
tracts i The filling of blanks In a written in
strument is not. sinctly speaking, an
alteration of tha Instrument. Where a
blank Is filled In after the execution and
delivery of a written Instrument, it is a
SCANDINAVUN-Ameriai Line
K OR WAY, SWEDES KSJ J
AND HEN HARK
OLYMPIC
GAMES
JUS to JIT It
i. g JOHXtON A CO
rhlcaan.
III .
Oacar II. Mar. M
1 K. Tlatses. ASll 4
tTBHe4 States, April l
HaUlg Ola. Asrll W
rtrst C1W Hl.M as
Saras llaa. M! fc)
144 West Ktntis St..
er ear loral afatrt.
discretion, such a limitation does not af
ford sufficient reason for reversing me
Judgment of that court.
i;at. Krdmaa against Stste. Error
from Douglas. Reversed and remanded.
Reese, C. J. Barnes and Fawcelt, JJ.,
dtesenC
1. In a criminal prosecution, based upon
tha explosive quality of a substance w hlch
. ......... ...o-, rf..innB. ,.u,u rr tits I nueetlon of authority so to do.
.. . mnnW the ut-1 t Tha right to fill klanka ii
most care should be taken in preeerv:?i
tha substance and Its Identity la order
that no mlstska be msds and alt uncer
tainty removed.
1 Tha paper wrapped around the sub
stance charged lo have t-.il dynamite
bore the brand of a weal known sr-ans-faciurer
of dinsmlte. it wax huva tlit
IxoiUvllle tha same bruad rl orns-a:ts """'
was used and that the dr-e;iory In which untiiiea. tno mortgage oenverew to ma
pervon id aimn alio iirarvminnra aRuiwi
by the mnrtgace ran. the filling in of Ins
own name by sin h person would sot In
raituata tha mortgage.
6. Upon aa examination of the svldenc
It Is found that plaintiff la a bona flcie
purchaser of the notes and inortgga suetl
upon.
14 vr. iteed against nner Appeal rrom
Sherman county. Aff.rmed. lUee, J.
A plaintiff who. without any considers
tlon whatever, satisfied n Jup.lgrr.ent In
his fat sr. mistskenly believlr.g thst tha
written
Instruments after execution ami delivery
!a based upon an assumption of consent.
In the absence of specific instruction,
snd tha leaving of suck blanks la coa
sidsred to imply authority to fill ttistu
and oreatre an ag-ny In the raceiver to
do so in Ilia way contemplated by Um
maker.
4. Where a mortgago wag executed wftn
LEGAL KOTICK8
NOTICE OF STOCKHOLDERS' MEET
ING Notice Is hereby given that the
regular 'annual meeting of the stock
holders of ths South Plans Land Com.
pany will be held at tha offlee of said
company at Unooln. Neb., at 11 elock
a. m . on tha sixth day of March, A. D,
112.
C H. MORRILL. Prssldant.
A. B. MINOR, secretary,
Lincoln. Neb,. Fsbrua? UU
8TOOKHOLDERS MMTINO.
The annual meeting at tha stockholders
of The Bee Publishing company will be
held at the company s office In tha Bea
building, Omaha, Neb,, at 4 o'clock p. m..
Monday. March 4, UU, for lbs election
ol a board of directors tor tha ensuing
year and for the transaction of such other
business ss a y propel ly soma kefors
the meeting. '
By order of ths president
F4d-9M. N. P. FElU retsi-y.
tn.OOC.ls) Village of Alnsworth. Nebraska,
water extension bonds, dua Isat, optional
after MI7, Interest 6 per cent annually,
will be sold to ths highest bidder March
20. iwt Sealed bids, -vlth certified oheck
for law. will be received np to 7 p. m. of
said date. Right reserved to rajert any
smt all bida Addrasa Wm. M. Ely, Village
Clerk, Alnsworth, neorasaa. ri-w-e
COREY EXT0LS''0ULD SOD"
Carries Audience Acrou' Ocean to
Emerald Islt.
TTjTRTTMT.W LOVE AHFJLICA
bhlp your slock to South Omaha, ttava
mileage and alirlnkage. Your consign,
menu receive prompt and careful atiau-
UOB.
tlve Hack Csaaastsalon Mereaaata
B yers Bros. dV Co. Strong and nuponslbla
WOOD BROS., Z- Exchsnge Bldg.
Great West. Com. Co.. Omaha 4 Jnvee.
W. R. 8-11T11 4k SON lust handle sheep.
T AGO bRQt). handle eatlie, hogs, sheep.
Clay, Hobinson m to., w Eavhangs Bid,
Internals Co. Better results, Bhlp la us.
CLIFTON Com. Co.. lit Exchsngs Bldg.
L E ROBc.R'l at CO., tt Exuh. Bldg.
Cox el Jones Com Co., bunch of hustler.
Psrmers L 8. Com. Co.. TK Exch. Bjit-
Deposit proceeds of shlpinsnis in Stock
Tarda Nafl Bank. Only bank at yarda
' Martin wos. at Co.. a-4 Exca. bldg.
0IAUA THE CHAIN MARKET
WEEKS GRAIN CO., grain merchant
Cona'KPmente tol'clted. Uremic!,
REAL ESTATE LOANS
OMAHA Property and Nebraska Landa
O'KEEFE REAL ESTATE CO..
rM New Omaha Nafl Bank Building
"WANTED Clly loans. Pstcrs Trust C
6fs
CITY LOANS, bcmls-carioaig.
aiv-ll Brandels Thester.
WANTED City ,loana
W. Farnam Smith A Co.
and werranta.
UN Farnam St.
MONEY tn loan on buainess or resi
dence properties, i.u to 6uu.u0s. W. M.
V IIOMAS. aui First Nafl Bank Bldg.
II' to iiu.auv made promptly. F. D.
Wead. Wead Bldg.. HI h and Farnam.
GARVIN BROS.
LOANS Farms and city property. J.
H. Dumont Son, luta rarnam St.
A.VTfcD TO KE.T
RAILWAY TIME CARD
l.MOX iTATION Teath and Haass
Falsa Faelfle
Davirt. Arrive.
Can rr. Or.rl.o4 Llwlte4..a S am s t m pm
China A Japan Fast Mall. ...s 46 SSI s I at sm
Atlastie Kiartea
Ortoe giar-
Lfl Assclaa Limiusl.,.
bearer special
Oni.oo.lal Bute SpecUl
Colerado Eipreaa
UraeMI-waalilnstaa LlauteS
Nana Plana Loosl
arsad laltDl lioasl
smmeifrbura lcal.
Vklcsg. Mock lelaad at Pacific
BAST.
Reeky Moentals Ueiiu. sllj sl4: sm
CSIMSO Loral Paaaaaser MJ aw 1. S
ri-i nr".. ' 4 r. M .u;i. ,
Cklcase-Naimuka UUJ-
nisr-Xs. fd l Uneolo.
-A,nA- u.uraaa ..,
Otlssewa T.a -' '
Botkr MoeaUle WW' "'" ' --
Wabash
Osaha st. Leala Ewreas s I J4 ssi a t il
Hall an IHpraaa ' aw sll:l pw
russeWr Sal " C. )..b 4.e w H.:l a.
Mlssoorl Paelfle
. r . 1L Mala gasreaa. .a aw a t: IS
a C St. bona Kt..eU:ll lISH
4 hlraae, Milwaukee! at . Haul
V" .1 UwlieS t M l a I 11 a.
ptr Iiocal
Celeiite Btsreaa...
CeleraSe laUI....
. lrai
Chlcagw ax orlhwe.rs-
i 4 (A asi
..all am a t w sal
..all 14 pia a I M paa
...a !:M aaa s 1:17 IB
...all M pa sl:ssl
..a lpm a IS pat
...AlX:Hpm slrsPpai
...s U tm s 4 44 pa
,..s l a pa' ill aa
..bll llpm hl JSpai
. .a 4.41 pal a t.w aw
..a 4:41 an a 3:41 Pm
. .a 1 18 pia a a:l Pia
a 4:11 aa all
.a 4 40 pat a 4 si pa
altlaaa a 4 Maw
.ti lila tUM pia
.cr Jnv iwuwim naumeru . . . . -a
Ing roou.a., rraeonabie; ciose in. Ked Mmraseti-- " fTTjJ , -m ,
i snasaai'!'." " .... .
Tela tl'r gtprew
isul. J. Deahi.
..a t:. ana al te set
WANTED Furnished apartment, five ,,, ntr Lal - ' " f" !'" J?
REAL ESTATE.
ABSIMACls Of lltLt.
Reed Abstract Co.. oldet sb.nract office
In Nehra-ka. J04 Brsnde.s Theater.
NEALE at CAMPclEIX. Kit Farnam St.
1-HlXUI house ar.d three Ursa Jots,
Saxlfcc. oa kl and Francis. ll.auX A. A
Kuray. eHatlon H- iiarney Kiif!.
t II.Dt;H!C lp'OBMT10..
Klectr'c ga fixtures. Omsha Silver Co. j
irfai (Vtnfnt Co.. ITth and Cuming. 1
i ...m.ine Airilne. I good lown. 16 miles from Omaha end In
42 Acres
Easy Terms
C-ACRE Vf LAND FAl-il I n.iles from
ROOFINGS, paints.
piaster boards. Amer.
building papers,
l-jp Co.. Hut Mch a
n ELI. rllrxiue. F Gto-mgn. 1SW N. 14th.
C'lTV PROPEIITV FOR SALE
Kountze Place
Wirt St. Lot $1,400!
good neighborhood. Tbe Improvements
are jllglil; a or t-r.m house, smail barn
aud chicken house; good sprir.g on place;
1 1 acres of winter wheat wjlch gjes with
I the ptace; 15 scree new ground; all can
I eul-ivated and the land alone is wortn
the nsoaev; gently rullms. Price H per
! acre; Y'.'iVl caxh, b:lrj years, vi per
' cent. See rie at once or. thl?.
POcSrWN GIVEN.
CRIN S. MEKR1LL CO.
m.Ii4 nty Nationa! Bank Bldg.
or six rooms, tor two months, beginning
march 4; farnam district, between sttn
and Jitth streets, preferred, best refer
ences. 'Phone Harney (334.
FOR SALE Oit EXCHANGE
REM. ESTATE
This Is at-oat the last vacant lot yun ..tnv f rtaittl 1,4 M rR I.K
will ever be anie m ou on n. . t
tween Mth and lath. 59-Jt- south front.
. ,.. v a, I nirf. late, treef. ftne locs-
' . . ... , .. iae. .... area I arm i . -.- ro- envane
iron, aooui it-! , . - 1 - ' " i. r.M .
u . wt'M You mu; Mi Karm lands on uncompleted '.rand
act ouick If cu want It. Terms . cash. Trunk wltnoa. miwiow Mreo-Jrr par.
balsxce, I. I and 3 years
HASTINGS A 1IETDEN.
Mil Harney St-
Mrrchandlsa titocks-llS.tM). lao.MW; two
stocks, i&.fM escli. All good, clean
Stocks in good towns. Want clesr land.
$27,')s hatiiware and lumber stock with
buildings. Clear, for eastern Nebraska
or Souuiem Minnesota land.
Fine Improved 2"-acre Knox county,
iw, (.lear, for hardware.
4Nl-&crcy Loup county, level valley, at?
falfa and ewn land; 34.(a clear; wdl
exenange for small improved tnn. S.
W. Iowa prtfem-d.
law cre. improved Brown county
ranch. Extra good. . Will taka small
farm for pan. Clear.
iui-acre improved Iowa farm, IM.OO:
clesr. Want rancu or unimproved land
central Nebrasxa.
Oinana re-udences, 12.000 to tiS.OOS. All
good values and good locations; no
junk, can get you go-id deal for good
Isnds In Nebraska, Iowa. Dakotaa or
Kansas.
List your properties with us for ex
change. Call or write giving full ner-
i tirulnrs and tte w hat you want to
get.
T. W.WHERI.SF. fO..
CT. Hee Ring., (.'mils. Phone D. SMS.
Tela Oty Wmltae
Mlaaaaota S'Pi'
l:tt pa
a t W an
all 44 aw
Camill vxzl
DarUsbt f Wags
tiiev Uesl-.--Chltas0
Caiouui ap
f!oaat-11l
U. Ansel i-i"""1
0erlaiW Ulll4
Carrwit t-"
ra Man
llrlllak l olaeaaua
fJrH'i Colutn-
centage of prorita l-arge rem eer
rsm Frank Cserford. Ul Homer "Street.
-' Vancouver, cr. Omaha.
equity in house Ohio for one or
two building lots. House has five tooma
strictly nvwlern except bath; always
rented for lis a month. There Is a loan
of 7u payable monthly.
HASTINGS A HEY DEN, 1414 Iiarney Bt
I handle tradaw everywhere. If you want
results write) or cavil Dean, &7 Bee. D Usk
Lir Kwek '" M
CABTBOUND.
af 44 am a 4:14 sis
.a Tw am alt 44 pm
alt K pm a l a pm
a 1 IS pm a l pm
s 4 at pm S4am
...s 4 H pm s l xa pm
...a 4 W pm all U pm
...a 7:44 pm a 4 it aa
...a 4 iti pm ale
a 4 M pm a 4.3. pm
a 1 as pm
11. u
Ceat.s.1.1 .Ttoi:SDU '
, rl- a 1:44 am al!:Ktam
Karfolk Dallaa
Lona Plae-Uacois ....
H.rtlosa sajarler ..
Dndeo4-Ht gprlnga.
raaprr-laaer '
trMMat-AJIiion
i a I rase Great Western
Tel. CM LI.- ' " , -
Tela Cltr exse -J J " J"
nkw gJsraas b t 44 pm e 4.44 em
lllBOiS
a !:! am al 15 pm
.. t-U pm a l i-S pm
2:11 pm a 4.34 pm
..a I ti pm a (is pm
,.l I U m all:0Spm
.. 4.S) pm IlilH
Clilcaso kipraea...
(-state tJmnea - - r-
Webster gtwtlow 1 5th aad Wehater
pacific
Mara of These IS'aet 1st Tkls CswatrT
Tkaa Tker Are la Irelsaa
Plctare mt tha Irish
Masse.
Rev. Alexander Corksy last night car
ried an audience of over 300 persona
across tha deep blue aaa ta ths Emerald
Isle In one of the most eloquent addrssasa
ever heard at flic'' Young Woman'
Christian sssociatlon. entitled - "Truth
About tha Irish." -
Rav. Mr. Corkey' distinguished himself
aa a highly sntsrtalnlng speaker, with
a wonderful flow of eloquent wit, which
wag intenssly Interesting to his appreci
ative audience. Tales of the "ould
Intermingled with ancient myths and
fairy legends. Impressed the audience
with the beautiful land and habits of a
true Irishman. Rev. Mr. Corker wis
presented br Henry Kleser.
"I know before I start speaking, said
Mr. Corker, "that I am little prejudiced
and that. I would not tell anything but
the truth about the Irish. I am an Amer
ican clllsen, for which I am proud, but
I was born In the Emerald Isle, for
which I am doubly proud. The Irishman
has been made the blunt of many Jokes,
but he takes them all with a goad laugh.
and I want to cay right here that the
Irishmen love America better than any
other land In the world. There are more
Irishmen in the United State today than
there are in Ireland, and come ot the
greatest men In the history ot America
were Irishmen."
Here Rev. Mr. Corkey deviated from
hi tonic and remained off it for the
remainder of the evening while he dis
coursed on the beauty of Illbemla. He
seemed to forget what hie toplo was and
was wrhpned up la telling his audience
the home life of an Irish farmer and
the industries. He told of the climate,
which, he said, wa always moderate,
where the farmer raised crop after crop
all the year round, without fee r of losing
It by cold weather. "Potatoes 'srs said
to be the main product by tha Irish
farmer. This la probably I rue," tie said.
"When an Irishman wants break fa it
he goes out Into his garden and dig up
some potatoes. At noon he may want a
change end goes cut and dig up another
meal. At night he Cos out Into the
garden end dig up another mess. Pota
toes are tha chief vegetable eaten by
Irishmen. There are but three leading
Industries In Ireland at the present time.
The linen Industry, the fisheries and the
distilleries, and there Is a good chance
fur the latter being cut down a few
notches.
"in going across Ireland on a train
there Is not a more beatitlfnl gnet i
earth. A farm of thirty-five acre 1
large farm. All the farme are divided
Into fields with stone walls and hedges.
These atone wall dividing off farm In
mall field with a stone home on each
famr Intermingled with the green of
growing crops, make the scene one which
Is never forgotten by a true Irtahmaa
He described the Irish borne In a few
words by drawing a mental picture of a
three-room house with a huge fireplace,
with "Pat" sitting before It with a clay
pipe in his mouth, taking his- evening
smoke, with a babe on his lap and sev
eral more about the floor, while the
trusty housewife sits by knitting and
rocking a cradle. "An Irishman." he
said, "raises many more things thsn his
crone.
He told of hi boyhood days, when he
tt wsa kent waa not secured by lock and
kev. Tiie aortiaed was seen In LoulavtMe
a few Cava before the perpetration of the
alleged crime, but it waa not shown that
ha knew where the Onamlte wax d
positetl, nor that he was seen near there,
nor that any) of tha dvnamtte there aiored
had been taken away. Held, too remote
and ot no probative force.
a. A trunk dealer was called aa a wit
ness who was pernittied to testify that
prior to the day oa which the alleged
crime was committed ha had two suit
cases In stock similar to the one otrereo
in evidence aa the on niaceel upon the
porrh of tha dwelling house, and some
lime thereafter there was but one. the
other having been amid so far as he knew.
intra waa no proof mat piainuii in error
had been to tha store nor that he knew
of the exIMence of the two suit cases, nor
that the supposed missing one had been
sold or stolsn. Tee obtecilon by the de
fendant to this testimony should have
Vieen sustained. Tue evidence wss Imma
terial aad irrelevant aad prejudicial te
the accused.
4. The state railed a witness In rebuttal.
She had nrevtnuslv made a written
ststement to detective representing the
state aa to the time of day when a rer
aln picture waa taken, but which she
stated upon the wttnese stand she had.
upon reflection, concluded was errone
ous Thereupon the county attorney pro
ceeded to read to her. In the presence
ot ths jury, hsr ststement taken V the
detective, new. unaer ine rarcutusienwes
set out In Ihe opinion, erronefue.
I. A witness who was called hy tha de
finite stated that at the time ef Ihe com
mission ot -Ihe alleged offense he wa
reporter fur a local newsoapar, waa
present when Ihe contents of the suit
case were examined by the police, and
mads, certain notes of the condition of
said contents. His testimony was asked
upon a material nuestion, wnen ns re
sponded that the facts had been cor
rectly reported ana me rvpon puouenea
In the paper aa furnished; that after the
publication of his report he examined
the article In ths naner and found It cor
rect: that the original notes were thrown
aside or destroyed, hut Ihe faots ae to
the condition of the oonlenta of the suit
ease had left his mind He was asked to
refresh his memory by a reference to
Ihe published report. Objection by the
stste waa auatalnsd, the court holding
thai he could not refresh his memory
only by reference to hi original notes.
H?J24. "shank against Lee. Appeal from
Merrick county. Affirmed. Sedgwick. J.
1. A resident of tha village in which
the application for saloon Iteenee t
made, who purchased and paid tor prop
erty In Ihe village, which be has occu
pied aa a heme for three year prior lo
the application, la a freeholder, although
he received no deed to the property until
the time, or shortly Before, he signed the
petition. . '
I. If several witnesses (eerily In a gen
eral way that the applicant Is a man ot
good moral character, 'and there hi no
evidence tn the contrary, the finding upon
ht iv. lot in favor if tbe e&wlKiaal baaed
upon such evidence will net be reversed
upon appeal.
3. Evidence examined and found Insuf
ficient to show that the applicant had
violated the stetuts regulstlng the sals
of Intoxicating liquors within the rear
prior to his application for license.
i;3.Keniplla against state. Error
from Garden county. Affirmed. Reeee,
C. J.
1. Where In a criminal prosecution Ihe
rase waa railed for trial In the district
court, the nsme of three Juror were
called and the Juror took their plaaee
tn the Jury box, but before they srer
sworn or Interrogated a to their quali
fication to eerve as Jurors, the court,
over the objection ef the aroused, per
milted the name of an additional wltnsas
te be endorsed upon ths Information, but
no application was man tor postpone
ment of the trial, and no prejudice was
shown; held, prejudice will not be pre
sumed. .
a In a prosecution for burglary y
breaking and entering a dwelling house.
It wu shown that ths doors ot the house
were closed tn the morning when the
family residing there left for the day,
and that upon their return In ths evening
the house had been entered and certain
arttclie stolen therefrom: held, there was
sufficient proof of malic ana oi press
ing snd entering.
s The evioenca in examinea ana neia
sufficient to sustain the verdict of
eiitlfv.
17. rjnsnsnsn againsi, isuningion m
Qulney Railroad company. Appeal from
Kearney. Reversed ana remanaeu. jve-e, ,
C. J.
1. Plaintiff Intestate took passage on
a through freight thraln Iron- a point In
Iowa to a point in tnu stato, accompany
tntf live stock and household goods.
traveling In the ear aa a caretaker. When
the train cam te the city of H., tn this
state, the car waa detached and placed
on a proper side track In the track yards
to be taken to It destination by a local
train tha next morning, the through
freight not stopping at the point . or
destination. During the Intervening night
deceased sought his car. and there waa
some evidence tending to show that hs
found It and afterward left It and was
found In a fatally Injured condition by the
slds of the main Hne track, a considerable
distance from his car. At about the hour
of 3 o'clock a. m.. a fast passenger train
cam In from the west, running at the
rate of twenty-nve to thirty-five miles
an hour. The fireman nn the engine saw
sji object about 1) feet aneaa or ine
trslo, outside of the track and on his aid
thereof, but was unable to detect what It
waa As the engine paased It it assumed
the shape and form of a human being,
but lying outside and free from the track.
After the train had paased on to the
station he informed defendant' employee
of what he had seen, and they went to
ths snot and found dec eased Injured and
lying outside of. but near the treck. The
defendant asked tne court to instruct tne
Mlaa
Aninni Uveal
tkiraao. t.
aimu lltr mimnm.
OmaSa Lecal
SHrax rttl
Tets Otr
Dpar:. Arrln.
b !: pm U1.il sat
Pawl, Minneapolis at
(al Salt;,
ly.
.... 3 pm bile", pa
a 431 am c 4 a PQ
.... 4Ji pm
... a (S am
...kit pa kill am
(M SaUr except Sunday, te, SuAa,
debt had been paid by means of a worth
less deed to land oa whlrii tho Judgment
va a Hen. mar have the eattafactlnn
canceled, where no right of any Inno
cent party has toterver.ed.
stl. Smith against M-Ksy. Apnea!
from Dawson county. Affirmed. Rose, J.
I. The finding of a Jury on conflicting
evidence will not be dleturbed on appeal
unleea manifestly wrong.
t Rulings which did not prejudice ap
pellant In any way cannot be mad
ground of reversal.
lexa. Iman against Inkster. Appeal from
Douglaa county. Affirmed. Rose. J.
1. A petition emitting material aver
ment la cured by aa suaser supplying
them.
1 The good will of a dissolved partner
ship I a part of the assets ot the firm.
a. A partner' share of the value of a
single asset not Included In the settle
ment at the partnership affairs, aa made
by hs partners without his knowledge,
may be recovered la an action at law.
4. The trial ot an Isstig of fact ta sv
Jury In an action at law should not be
abandoned because the pleading a a
whole contain matter relating to an ac
counting about which there la no dlapute
between the partlea ta the autt.
A A partner by mirely neglecting hi
duties to the firm due not thereby for
feit hi right lo the aeta ot the partner
ship, la abasaoe as an agreement to that
enact.
A Matter Inherlne In the verdict nf a i
Jury cannot afterward be attacked by
affidavits of the Juror.
ISSfl. Harmon aaalnat Plahee. Anneal
from Furnaa. Root. J. Sedgwick. J., con.
currlng separately.
An express trust with reaneet In veal
eetato may not a created er declared
by parol, yet If a parent conveys a tract
of land to her son for the benefit of J.,
the grantee, and Ma brother B., and for
more than ten year ubssquently the
occupy the land aa tenants In common. It.
tilling the rsrm and making lasting and
valuable Imnrovemeats tharenn un,W -
claim of ownership aod J. conceding dur
ing mat pertoa met nis brother owns one
half of the land, the heir of 1. will not
be permuted to disturb B. In his posses
sion and till to an undivided one-half of
the reel eetate, notwithstanding there bt
no written evidence of a trust or of B. a
title aod none waa aver executed.
t. In a contest between heirs of tha
whole blood and heir ot the half bloo.4
of an Intestate, oral evidence Is admissible
te prove' that the sole eonslderalloa for
the deed from hie mother whereby be was
vestsd with title to the tract ef land in
controversy, wa love and affection, not
wlihatandlng the sole recitation In the
deed of a consideration, la a substantial,
valuable consideration.
IsMt Western Bridge A Construction
company against County of Cheyenne
and County of Morrill. Appeal front
Cheyenne. Reversed and remanded.
Barnes, t. liamer. J., dissenting.
I. Cheyenne county by taxation creeled
and collected a fund with which la buiid
a bridge across the North Platte aver
ae a part of one of lie hlghwaya, and
to that end entered Into a valid writ
ten contract with Bridge company. Be
fore the bridge was bum the county wee
dtvldsl an J Morrill county was created and
organises, out oi tnai part of ins territory
formerly In Cheyenne county In which
the bridge waa lo be constructed. There
after Cheyenne county attempted tc, re
pudiate the bridge contract. Held, that
the county board ot Cheyenne county
could not abrogate the contract without
the consent ot Morrill county.
1 In such case the bridge company
had the right to construct ths biiugs.
end Cheyenne county was liable to pay
the contract prloe therefor, out ot tha
fund which bad been created for that
purpose, and tha bridge company waa
entitled to a Judgment against the counur
for that amount.
I. It appeared that tn the division '
of property between Ihe counties as pro
vided by section is, artlcls 1, chapter Is.
Compiled Statutes, 111, Morrill county
wss entitled ta receive one-third ot the
bridge fund In the treasury of Cheyenne
county. Held, ' tlutt Cl.eymne county
could apply that fund lo nan navmem
and aatlafactlon of the Judgment, anil that
sucn payment wouia eatisiy in claim of
Morrill county tut its pari ot lb bridge
fund.
4 Where two action are consolidated
and submitted to the district court to
determine all ot the rights, duties and
equities of ail the parties to both actions.
It Is the duty of the court to dispose
of all of such matters, and a failure la
perform that duty way ccuatuuie rw
vsniul error.
1401a. Keasoner sgalnst Yates. Appeal
from Jefferson. Affirmed. Let ion, J.
I. If a vendor of land enter Into a
contract of sale of the earns with a com
petent purchaser produced by a land
broker or agent, the subsequent Inalililty
of the vendor to convey a gwd tine, by
reason of which the contract is not per
formed, doe not release him from the
obligation to pay the agent' a commlaaion.
1 The fact that Ihe contract is can
celled afterward by mutual consent of
the vendor and tbe vendee cannot affect
the right ef the agent ta recover the
agreed compeneatien for procuring a pur
chaser where tbe vendee nee at all time
been In such a poaltlon that performance
could have seen enforced.
i. So also with, reference to the lluhll-
Jury, In subeunce. that If they found that my 0( general agent for con-mtaston
deceased reached hla car and afterward . to persons whom he msv employ a- sub
left It and wandered upon the tracks and lagenta. In such transactions the original
placed himself en the ground neer enough agent stands In the same relation to the
to the main line track to be Injured by a subagent a the vendor does to iilm, and
passing train he would be a trespasser ; when Ihe subagent has produced a Pol
and the englnemen were not bound te ex- chaser with Ihe requisite qualifications,
pert hie presence there nor look out with the liability of hla principal to pay the
a view to discover him. and the defendant i agreed commission exists, irrekpectlva ot
would not be liable for not stopping the whether the owner of the land refuse
train before passing htm. Held, error to ratify the asle or 1 unable to make
to refuse such Instruction. a guod and satisfactory tit!.
I. Record ; examined and held to (how 4. m an action hy an agent artiest ,
no reversiwe errors of law an 01cner if the only reason lluu a saie
m iliVnSn" h.i.TfrTcn?"?- " n "nplied 1 that H e vendor
In. DlrSJi ?.hf lo d In. ?na-!; c" Jo'!' na uw',t ""
the verdict ofthe Jury and the Judgment , ..nn.t lr recovery toat t.10
TML Tel. Barton sgalnst F. and "f, "Is'lt T taciS
M. Insurance company Appeal from il'1 llfiiPi Is II in a ca
lncaster county. Affirmed, l-etten. J. ubagency.
Fawcett, J., and Reese. C. J.. dlentlnc. S- A nrben cop;.- of a letter wss pron
1. The power to appoint a receiver by erly received In evidence when it was
a court of equity In a prooer ease is one proved that the erMna! had been tin'
which exiate In such courts independent mailed to Ihe address of defendants st
of sny statute. their usual place of business, that notice
In aa action brought by the attorney had been served upon them to produce,
general on the Information the auditor the original for ii.ssecucn. tl:at it !:!
of public accounts under (he provision ' not been prodoccd. ant! thst It wss
of section SI. ch. 4J. Comp. St., the court stated at lte triM that they had nunlo
may after a decree for (he dissolution (diligent search an-. were unstie ts tinl
of an insolvent insurance corporation 'the eeme. - -
and Ihe winding up of Its affairs, under t Thr n-ovision of secllon 19C&. Am.
(he provisions of section 2nt of the code.
appoint a receiver to cioe up It bus-
-1.- In .V. iMml., ... . l-rve I ilieSS
' . ., .,.'. ' J. The power to bring such an action
brenKfast snd then returned from the : ,he Kttornry KmrTl n4 the powr
fields nt noon to eat anotner Dig meat.
At I o'clock In th? afternoon work was
suspended while a smalt luncheon was
done away with. After the day's work
was completed at T o'Cock another meai
St.. providing tnat contiarts f-ir tt.s
eaie of lands "between too oaner there!.'
and any broker or event eifltMi lo - t
tiie same, snail he Vot!, -unless the r..:.-
of the court to decree a dissolution and " ,.L,' ,et n-'d.vc-ua a areni rf t.-
lunch u ajfaJn $f .-voL
in th abfltnc therauf 'e.i a p:cc.xi,n
1 not v I thin Ui luridicikK tf th
court. But, 8ftT itiei. deere hi. Wn
rn4.rMl If tinder lh ctrcumta nc""l of
1 -he aim th court In f h ?re?r of H
fdrcretion beileves that tiie.
pav in. Fiitairent a tvri'.t --,:., r
if prceare iiurrhartT f-T ih an
KvidTiCv Marulrrd ant? lirM ;
object aad lMd to eurta.n Ire itiCitit l we i