The Bismarck Tribune Newspaper, April 25, 1919, Page 2

April 25,1919. TO THE LAWYERS AND. THE. CLASS. IN GRAMMAR AND LOGIC: What do you know con- cerning the making of law briefs? Do you; know that such briefs are com- monly several times longer than they ought to be, and that they have neith- er a beginning nor an end? The ordi-| nary» brief commences by giving a lit- eral copy of the pleadings and the record when, as a rule, all such mat- ter should be either ‘omitted or put in the’appendix The main part of the bite should state concisely only the gist of the pleadings and the BS fal statutes. As a rule in a brief, or in a court decision, there is noth ing more slovenly and shipshod than a literal copy of any prt of the record rot any. long statute. The same ts rue of a] needless verbosity He made, executed and delivered to John Doe-a promissory note w and whereby he promised to pay $200. It should be simply: He made to John Doe g promissory note for $200. A well formulated brief ranged that in five minutes or les competent judge may Jook it ov! know all about. the nature and the points, of the case. It does not con-| tain more than five or six poin which are stated and discussed separ- ately and under a topical heading at| the top of each page. Case.” Under this heading, and on one page, the brief gives a complete summary of the facts and the issues in proper consecutive order. The intro- duction is such as. to clear the way and make you quite at home and fam- ior with the case before the argu-! ment begins. WORTH MORE THAN ALL MONEY ON EARTH! Mrs. Raspberry Able to Do Housework First Time in Four Years — Gains Thirty-Five Pounds “I had rather see my wife well and happy like she is since taking Tanlac than to have all the money in the world,” declared Henry Raspberry of 1812 Campbell St., Kansas City, Mo. Mr. Raspberry, who has recently been employed as a foreman by the Armour Packing Company, was formerly in the service of the Missouri, Kansas & Texas railroad, “Before my wife took Tanlac,” con- tinued Mr. Raspberry, “she had rheu- matism in her limbs so bad she could- n't. even dress herself. I would have | to help her out of bed in the mornings | and put her clothes on for her. Her | fitomach was in such a bad condition that she ‘could hardly digest any- hing. | ‘The gas on her stomach would cause intense pains in her side and such awful spells of palpitation of the heart that she could hardly stand it. ‘She was extremely nervous, her breaht. was short and very offensive, ‘and she had fallen off in weight until! she was hardly more than a frame. “At the time she began taking Tan- Jac she only weighed eighty-seven pounds and had not been able to d any of her housework jn four yea But she now weighs one hundred and twenty-two pounds — has actually [seni thirty-five pounds—and is as althy and active as she was thirty years.ago. The rheumatic pains have all left her and she can do all her work and look after the family with- out the least trouble. She can eat meats, pickles, all kinds of vegeta- ples-and-anything else she wants and never have a sign of indigestion. She is, not the least nervous any more, sleeps like a child every night and is T can’t find as well as she ever was. words to’express my thankfulness for what Tanlac has done for her nothing short of wonderful.” *fanlac is sold in Bismarck by Jos, SATURDAY EVENING LETTER By Justice J. E. Robinson On the first | page the heading is “Summary of the! It is _——$_ Summary of Points. ‘This is the next heading and under it each point ig stated in one or two simple sen- tences and on one page—only that and nothing more—even though half: the page be left blank. ‘hen, under its proper heading—at the top of each page—there isa discussion of each point. Here is an example or an outline of it all. It is taken from my model brief on rehearing in case of Tracy v. Scott, 15 N. D. MOTION FOR REHEARING UMMARY OF CASE. is an action to cancel a mort- gage on the ground that it is outlaw- ed, on the ground that plaintiff gave wu mortgage and did not pay it. One of the plaintiffs claims title under a tax deed, the other under a deed from her father, the owner of the fee, who in 1882 made the mortgage in ques- tion.. It not paid. Mt contains the usual power of sale in case of de- fault. The plaintiffs joined in this ac- tion, asking to have the mortgage can- celled as a cloud on the ground that it was outlawed. ‘They proved their title, put in evidence the mortgage and proved that it was not paid and showed facts sufficient to bar an ac- tion to foreclose the same. On page 2: SUMMARY OF POINTS. 1. We claim that this is an equit- able action for the cancellation of a mortgage on the sole ground that it is outlawed. 2. We claim the court has not fair- ly construed the statute relating to the enjoining of foreclosures by ad- rtisement. We show there is not in this se any evidence that an order was ever made restraining the foreclosure of the mortgage. 4. We show the opinion does not |fairly represent’ the power of sale or the law governing it. 5. We show that the court has not duly considered these constitutional guarantees, etc: | POINT I. NATURE OF ACTION. This is not a statutory action. It {complaint suggests that the lion and} {the lamb have lain down together. The lion is the tax title claimant, and the lamb is the good lady, Mrs. Smith, who claims under a deed from our mortgagors. The complaint is in the nature of a Dill in equity to remove is kind of dual action in which the! BISMARCK DAILY TRIBUN! stration of geometry. As I think, thts| unity, coherence, emphasis and~per- spicuity. ‘Never submit a typewritten brief. It is a slovenly and slipshod way of pre- senting a case, and it ‘shows 10° re- spect for the court. Never make a brief of greater length than from twenty to forty pages, nor ‘gne with- out a proper heading at the top of; each page. Look at the headings in your concordance Bible and note how well they explain the subject matter of each page thus: The’ Creation of Man. The Institution of Marriage. Abel Slew Cain. Phe Birth-of Seth. The Generation of Adam, The Dey pravity of Man, Noah and the Ark, The Deluge. The Call of Abraham. The Ten Commandments. Yours, (Py - SUPREME EME COURT | From LaMoure County. Cc. T. Martin, petitioner and appel- lant, vsv. Hattje Craig, principal, Chris Waldie,“ J. A. Youngman and Knut Larson, the board of school di- rectors of Roscoe School District, La- Moure county, North Dakota, an edu- cational corporation. respondents. Syllabus: In order to prevent the spread of a| communicable disease, trachoma, a county board of health issued az. or- der requiring school officers to deny admission to public schools .to chil- dren who were affected with the dis- ease or who were suspected of being affected, and who -were not at the time under treatment. A survey was made by a representative of the pub- ic health service of the federal gov- ernment, which resulted in finding within ‘the county 120 positive cases and 350 suspected cases. It is held: tes f ans That-the order of exclusion is 1. method of briefing leads -to : brevity, reasonable, . 2. Where qualified Physicians dis- agree upon the diagnosis of.a diseased condition of particular persons, the heajth authorities and a school board, whose duty ft is:to execute the orders of the board of health, are justified in acting upon the’ opinion of ‘their own competent experts. 3. The discretion to issue or deny a writ of mandamus will not be exer: cised under ‘the circumstances mani: fested in the instant case in such a way. as might result in needlessly ex- posing healthful children to a serious disease, Appeal from district court Moure county, J, A. Coffey, a. Order affirmed. Opinion of the court by Birdzell, J., Grace, J., concurs in result. of 1 Knauf & Knauf, Jamestown, attor- } neys for petitioner. Hutchinson’ & Lynch, torneys for ‘respondents. LaMoure, at- From Dunn County. Edward D. Campbell, plaintiff and| | appellant, ‘vs. Harry G. Hamilton de- | tendant and respondent. ‘Syllabus: Under: the ‘estray statute no person hag a‘right to“impound an animal as an estray unless ‘it is in {ruth and. in fact an ‘estray, and when a ‘person| does take up an estray, he must com-, ply strictly. with ‘all the provisions of| drinking purposes Js unneces- the stattute. Appeal from /the district court of | Dunn county; Hon. W. C. Crawford, J. Reversed and remanded. Opinion of: the’ court by Robinson, J. Columbia a specific cloud, ete. Here is the end: WHERE ARE WE valid mortgage given | 1887, ‘securing $2,009 | brought this action to co oncel the ground that it is outlawed. did not attempt o prove any other de- fense. They did not prove, or attempt to prove, that we had ever refused to receive payment or that we had done injury to the mortgagors by relying on thelr promises and indulging them and not foreclosing the mortgage in the years of drouth and famine—the seven lean years that once prevailed in Barnes county. The plaintiffs averred and proved that they ‘have given us the mortgage. They put it in evidence. They proved by four witnesses that it had not been paid. ft contains a power of sale ci of default, and that power is apart the security and it now constitutes the entire obligation of the contract. Time has not barred a foreclosure: under the power. Do these facts constitute a cause of action? Do they entitle plaintiff to a judg- ment that the mortgage be cancelled with co: J, E. Robinson, Attorney for Petitioners. ‘This victorious little brief made no appeal to the court. It did not aver that the judges had made any over- look. id not contain one needless word, s aim was to present the law of the e in the most incontestible and perspicuous manner. In short, to make each point as clear and as im- Breslow.—Advertisement. pressional and conclusive as a demon- Super-quality—the best hat with added niceties of finish LANPHER Super-Quality or Kettle Finish SAVE the LIQUIDS and PASTES : For Black WhiteTan ong : .. Qx-Blood (dark brown) Shoes KEEP YOUR SHOES. ; _ NEAT oa $6.00 $6.50 $7.00 LEATHER In like manner, unled a suggestive} heading, the ogher points are separ-| ately discussed | |. | { Fox-trot — We Inteodecing: Only in Dreams . Mle ahd Daaaei Here's Your ‘Programme Thousands of Years Age, from ‘‘The Canary” —| falderf-Asteria Dance Orcbestr Weoder Whether (I've Lgred You All My Lift), 42696 from “Ot My Dear” Astoria Dance Orchestra. eee ity ef Dreams . Ze he) Spaniola—Fex-trot—-Eay! Foller's Rector Novelty } (ay rchestra 2697 | ~ Sand. Dunes —© Oriental One-step —Eatl Falier's| “tar Novelty Orchestra rar Arabian Nig Baad | A-6099 Petir Giak. Adapted from “Peer Gyat.”” Sgite| $1.25 No. 1—Ose-step. Columbia Baad. The Rese of Ne Lind —Medley Wali] lanienes ths cing : Dreaming Sweet Dreams of | «- Mother. (3 ihe Ki Thai Mode Me Cry Mtge: iley Walts— Coly bia Ck ‘ That Coat You Nevcr Wear. Send it to your nearest Red Cross Chapter this week. (ere Columbia Records « on Sale ia 10th and 20th = Every Month Columbia Phonographs Columbia Records ON EASY TERMS WHEN DESIRED COWAN’S DRUG STORE Records You'll dance till dawhand beg for more if you dance Columbia Records. ; Here’s chance to give your next party an-un- equalled variety of dance music by world-famous orchestras; and j bands. The Grafonola Columbia Records never give out. Grace, J., and Bronson J., the result. W. A. Carns, ‘Manning, attorney tor appellant. J. P.- Cain, Diekinson, attorney for}> respondent. concur in From Billings County. W. W- Kunkel and George PF. Hu- bert, co-partners doing business under the-firm name of Kunkel & “Hubert, plaintiffs and réspondents, vs. David McLeod ,Sr.,, defendant and appellant. Syllabus: Tn anyaction to recovér upon a verb- al contract for drilling a certain well for the defendant upon his premises, the plaintiff Had Judgment. The rec- ord presents no error.and the judg: ment is affirmed. Appeal from Bilings county; thé District court of Hon W. C. Crawford, “Opinton of the court by Grace, J. A. Mackoff, BeBlfield, North Da- korg, and.&. T. Burke, Bismarck, N. D., attorneys, for the defendant and appellant. W. J. Ray, Medora, North Dakota, and ‘TF. Mutha, Dickinson, North Dakota, attorneys for the plajntifts and sggpongenl. ‘ NOTICE , City wateér is “again in good condition. Further, boiling for sary. DR. C. E. STACKHOUSE, Health ‘Officer. 4-25-26 | ate ae Y No Medicine- Chest: Without. _Its Fi amily Laxative necessaty medicine in the Jittle ills. It’ wards off sicknéss and saves doctor's bills. use. that shoul can be used at all ages. quarter century used a combination of simple with pepsin known to druggists as . Caldw Pepsin. stomach. effective for grownups. babies. It is excellent for &ll the family in consti headaches, dyspepsia and similar ills. to do a8 promised, , ” Dr. Caldwell’s RUP The Perfect FREE SAMPLES — If you. haye neyer PRICE AS ALWAYS In spite of great increased’ laboratory costs due to the We, by . sacrific and ebsorbing war taxes we have nee tained price hich, tis fabviyy tase ative has been sold by druggists for the past ‘Two sizes— bottle to Dr. B. Caldwell, 41 Be, Monticello babes for a copy of Dr. Guldwell’e book, a Care of Daby.”” Famous In A ‘Day For Her: Dr. Caldwell’s Syrup Pepsin send foc a tree . “Af there are babies at vA Ffom the baby to the grancparerite a good laxative is the serious Many a cold has been pre-~* vented from running into grippe and pneumonia by its timely. : » Many a racking headache has been quickly djspeled by it, And itis a laxative rather than a dractic cathartie or purgative be in every family medicine-chest, for a laxative Thousands of good American families have'for more than , aes. herbp” ’s Syrup. It is a laxative-tonic that acts, ‘on the bowels and Infants take it with perfect safety, and it is equally Grandparents are now seeing their childsen give it to their tion no matter how chronic, indigestion, wind colic, Willousnese; The druggist will fefund. your money y if it faile EPSIN Laxative Beautiful Complexion Oatmeal Combination Does It If y m: hei colored from bina on there and the of X It is my o¥faiscovery and one night to get such mar- New York: it takes ji A Fee Rerkeription ‘Does Its Work spots, coarse pores, rough skin, rud- overnig| ht., You Can Prepare 8 wrinkles, and, in fact, every it At Your Home i? the face, hands and arms ‘are neck or chest is dis- ty thi n peed trial eres “The FRIDAY, APRIL 25, 1919.) veloug results, derful complexjon and the improved ys Mae “Edna Wilder, ask her aboyt her won il disappe: how to the music of your never grows, tired. can do the same thing i advice ow 3 and. ungainly. the hands what fibuses they have work and exposure and arms, you follow my I feel it my duty to 1 and woman what this wonderful prescription did for me. Just think of it. I never tire of telling oth just what ‘brought About such remar' results» Here is the identical pre- ption that removed every defect from ‘ace, neck, hands and arms. Until it you'can form no ide change it will make in just one application. tion which you can as follow ten cents worth of ordinary from any-drug store A bottle of de Prepare the oatmeal as directed in ev. package of derwillo and apply nigh morning. ‘The first application wil touish you, It mal tr parent, smooth an pecially recommend it for freck hands pearance of her she s this oatmeal-derwillo work a wonderful hours at the most. TI tell every gi had. Note: You need nothing ‘else it ble improvement jart's and Jos. Breslow, Big Scenic Film Drama ADMISSION— ?0¢ BY OUR PARTICIPATION IN . THE STATE DEPOSITORS GUARANTY. I rae Hold On! if you will hold on to them. let them go. good American will want to keep them. Hold on! BISMARCK BANK Bismarck, N. D. simple that anyone can \u 5 inexpensive that any girl or x ‘the manufacturers. and. drug- and na un to sun and used it have had the same resulls | have To get the best effect he sw to follow the complete directions cont ed in every package of derwillo. have only to get derwillo n guarantee that there ‘will after Vapplcation or they Will refund the money. old in this city under a money, id guarantee by department stores a1 up to date druggists including Let “The Belle of New York” Showing the Beautiful and Winsome Marion Davies | Salvation ion Army Lassie. AUDITORIUM TONIGHT “DEPOSITS SECURED: Your Liberty. Bonds will have their true value ~ Don’t feel that now, with the war over, you can. They were a good investment. They are stilla good investment. They always will be. Besides, a n: mation’ in) 12 rough hacd wind, ation will who have yeu dd oatmedl, it Yel a the first é