The Bismarck Tribune Newspaper, March 8, 1922, Page 7

DAY, MARCH 8,.1922 ‘WED .WEISMAN CASE IS SUSTAINED (Washington, March 8, — The -su- preme court having announced its re- fusal to review the case, Michael Weisman of (Minneapolis, must pay. a fine of $5,000 and serve 18 months in|.di the penitentiary, the sentence imposed on him by the federal district court of ‘Minnesota for having conspired to facilitate the transportation and con- cealment of liquor fraudulently im- ported from; Canada. Weisman sought an appeal from tie circuit court of appeals of the eighth district which affirmed the decision of the district ‘court in which he pleaded guilty after the court had refused to take the case from the jury. SUITS STARTED IN STATE “HOME BUILDING CASE \ (Continued from:Page 1) ity, limit and control their conduct in respect to the business of said’ Asso- ciation; that as a member of said In- dustrial Commission, the defendant was chargeable with and: had actual knowledge of the business of said as- sociation, and of the activities and conduct of its manager, subordinate officers, agents and employes in con- nection with the transaction of its home building enterprise, and approv- ed and ratified such activities and conduct,” : There have been more than 1,000 different xarieti@s of pctatoes, but few ‘have been worth cultivating. ; LEGAL NOTICES | 2 —_—__——_+« o—-. ATTENTION, MEMBERS OF; .COM-: PANY “A”! Please take notice, that'a speeial meet=) ing of Company "A, Regiment, North Dakota ional Guard - ‘Training School, 2 corporation, is called for 8p. m, on the 9th day of March, A. D. 1922, at the Headquarters of the Company at the corner of Third and Mai ets, in the basement of thegPaker Building, f purpose of electhhg a B for the unexp regular ann Dated this id company. h, A, D. 1928) 2B. WELCH, President Ex-officio’ Company “A,” First Regiment, North Dakota, Na- tional Guard. Attest L, H. LANGLEY, e Secretary. MINUTES OF THE PROCEEDINGS OF “THE BOARD OF CITY COMMIS- SIONERS EVENING, MARCH 6TH, 1922 The Board of @ity Commissioners met in regular session Monday evening, March 6th, 1922, at, eight o'clock P. M._ ‘There were present. Commissioners French, Henzler, Thompson and_ Vice-President Larson.’ The minutes of the meeting held on February 20th, 1922, were read and approved. The reports of the Police Magistrate and the City Weigher for the month of February, 1922, were read and ordered filed. On motion’ of Commission- er French. seconded by Commissioner Henzler end carried, the bills were al- lowed as read. On ‘motion of. i sioner Henzler the Board of City Com- missioners adjourned to meet again Mon- dav evening, March 13th, 1922, at eight o'clock P. M. Attest: oh H. ATKINSON. NOTICE OF ote MORTGAGE - u Sotice is hereby given, that default has heen made in the conditions of that cer- tain mortgage ‘made’ by J."Av"Worden ‘of Regan, county of Burleigh, and state of North Dakota, mortgagor, to First State Bank of Regan.a corporation. of Regan. county of Burléigh, and’ state of North ‘a, mortgagee, dated the llth day April, 1919,\ to secure the following indebtedness, ‘to-wit: One promissory note in writing in the sum of $1669.71. made by the mortgagor to the mortgagee, of even date with said mortgage, due No- vember ‘Ist, 1919, with interest. at the rate of ten per cent per annum from date until paid; which mfortgage was duly filed in the office of the register of deeds of Burleigh county, state of North Dakota. on the 14th day of April, 1919, at 9 o'clock A. M.; that said default is of the follow- ing nature, to-wit: Failure to pay the principal and interest long past due, and the mortgagee with reasonable cause deeminé itself insecure: That there is claimed to be due on said mortgage on the date of this notice the sum of Six Huidred Ten and 69/100 Dollars for prin- cipal and interest. And that said mort- gage will be foreclosed by a sale of the personal property in such mortgage and hereinafter described. at public auction, agreeably to the statutes in such case made and provided, at Lots Nine (9) and Ten (10) Block Six (6), in the village of in the county of Burleigh, state rth Dakota, at the hour of two P. M. on Friday the 17th day of ch, 19 he’ personal prtiperty, idescribed in said mortgage which will be sold to sat- isfy the same is the following, to-wit: One set of ten bottom LaCrosse traction plows complete with ten stubblesand ten breaker bottoms. Dated the 7th day of March, 1922. A. L. GARNES, H.C. Bradley, Agent. ‘Attorney for the Mortgagee, Wilton, North Dakota. NOTICE OF WORTGAG! VERTISEME Notice is hereby given, that that certain Mortgage, executed: and .de- livered by Andres J, Johannison, a widower, Mortgagor, to.Seth G. Wright, Mortgagee, dated the 23rd day of-No- vember, A, D. nineteen hundred. and seventeen, and filed for record in the office of the Register of Deeds of the County of Burleigh, and State of North Dakota, on the 7th day of January, A. SALE BY AD- T D, 1918, and orded in Book 144 of d recorded i ok of | 5 gp at page 63, will be fore- a sale of the premises in fortgage and hereinafter de= at the front door of the Coust n the City of Bismarck, in the y of Burleigh, and State of North Dakota,,at the hour of two o'clock P, M., on the 10th day of April, 1922, to sfy the amount due upon said Mort- gage on the day of sd] The prem Mortgage and satisfy the same, premfses situated in Burleigh, ‘and State of North Dakota, and described as follows, to-wit: The Northwest quarter of Section thirty- two (32), in Township one hundred forty-three (143), North of Range Me d, es described in said which will be sold to are those certain the County of ‘ seventy-eight (78), west of the Fifth Frincipal Meridian, containing one hundred sixty (160) acres, more or less according to the United States Govern. ment Survey thereof. The mortgagee has paid certain sums, to-wit: Past due and unpatd’ interest on a prior lien on said prem- ises which with interest thereon will on the date of sale amount to the sum of $403.00, and which sum is included in the amount hereinafter stated to be ue. There will be due on such Mortgage at the date of sale-the sum of Five hundred eighty ($580.00) dollars. SETH G. WRIGHT, Mortgagee. Fargo, N. D, Lawrence, Murphy & Nilles, Attorneys for Mortgagee, Fargo, North Dakota. _ 3—1-8-15-22-29; 4—5. + NOTICE’ OF MORTGAGE FORECLOS- URB SALEBY ADVERTISEMENT. Notice is hereby given, that that cer- tain mortgage, executed and delivered by Gottlieb Zelmer and Barbara Zel- mer, his wife, of the Rost Office of Alta, County of Burleigh ‘and State of North Dakota, Mortgagors, to J, E. Davis, of the town of Goodrich, County of Sheridan and State of North Dakota, Mortgagee, dated the 7th day of No- vember, A. D, 1919, and filed for rec- ord in the office of the Register o beeds within. and for the county of RISCKLES, AND HIS FRIENDS ala AW, THERE | WHEN YOuR UNCLE VISITS US HE WILL BRING MORE! T' DO ON THESE /\ SUNSHINE INTo YouR |] WANT MORE Burleigh and State of North Dakota, on the 19th day of DecembegAr D- 1919, at 10:00 o'clock A. M,, and recorded in Book 144 of Mortgages, on page 120, will be foreclosed by a sale of the premises in such: mortgage and here- inafter described, at the front:.door of the Court House in the City of. Bis- marck, in the County of Burleigh and State of North Dakota, at the hour of Two (2) o'clock P. M., on the 16th day of April, A. D, 1922, to satisfy the amount due’ upon such mortgage on | the-day of sale, The premises described in such,mortgage and which will be sold to Satisfy the same, are situated in the County of Burleigh and‘State of \North Dakota, and described as fol- lows, to-wi The Southwest Quarter (SW 1-4) of Section Twelve (12), Township One four '(144) North, of ht (78) West of the Fifth Principal Meridian, containing or less, according to the Government igurvey thereof, together. with all_her- editaments -and appuntenances. there- unto belonging: or in anywise apper- taining: thereto. of sale, and that no action.or proceed- ings have been instituted at law or [otherwise to recover the debt secured by such mortgage or any part thereof, and that default:has been made, in the conditions_of said mortgage ‘by which the power of sale therein contained has become: operative by the, failure of the said Mortgagors to pay the. principal promissory notes and interest secured by said mortgage when due, where- upon said Mortgagee has, ‘agreeable to the terms of said mortgage, declared the whole debt secured thereby to be due and payable. That more than thirty (30) days have elapsed since service of the No+ tice of Mortgagee’s intention to fore- close said mortgage, as required by Jaw, and said Mortgagors or the owner. of said premises have not performed the conditions or complied with the provisions upon which the said de- faults occurred, \ Exclusive: of the costs of foreclos- ure including statutory attorney's fees, there will be due on such mortgage at the date of sale the sum of Four Hun- dred Sixty-seven Dollars and Ninety- four Cents ($467.94), which said sum includes the sum of Two Hundred Six- ty Dollars and Ninety-four | Cents (3260.94) for interest which said mort- gagee was obliged to pay on a prior mortgage against said premises in or- der to protect his interests agreeable to the terms of said mortgage de- scribed herein, Dated at Fargo, North Dakota, this 27th day of February A. D, 1922. J. E, DAVIS, Mortgagee. Frank I, Temple, Attorney for, Mortgagee, Fi Fargo National Bank Building, Fargo, North Dakota. —1-8-15. NOTICE AND CITATION, HEARING OF FINAL ACCOUNT AND DISTRI- BUTION. State of North Dakota, Burleigh—ss, In County Court,’ Before Hon. I. C, Davies, Judge. In the Matter of the Estate of Au- gust Dommer, Deceased. Wilhelmina Lommer, petitioner, vs. Anna Wiese, Wilhelmina Harder, Emilie Kalhow, Julius Dommer, Hel- ene Dietz, Augustus Sinnell, Hannah Winterfelat and August Dommer, ~ Teespondents, : THE STATE OF NORTH DAKOTA THE ABOVE NAMED RESPOND- ENTS: . You, the said respondents are here~ by notified that the final account of the executor of the will of August Dommer late of the City of Henderson in the County of, Sibley and State of Minnesota, deceased, has been dered to this court, “therein showing that the estate of said deceased is ready for final settlement and dis- tribution, and petitioning that ‘his ac- ‘count be allowed, the residue of sald estate be distributed to the ‘persons thereunto entitled, administration closed. and he_ be discharged; that. Tuesday, the 11th day of April, A. D., 41922, at ‘ten o'clock in the forenoon of ‘that’ day at the courtirooms of this! ‘Court in the court house, in the City of Bismarck, County of Burleigh, and State of North Dakota, has been duly appointed by this Court for the settle- ment thereof, at which time and place any person interested in said estate may appear and file his exceptions, in writing, to said account, and petition and contest the same. " ‘And.you, the above named respond- ents and each of you, are hereby cited and required then and there to be and appear before this Court, and show cause, if any you have, why said ac. count should not be allowed, the resi due‘of said estate distributed, the ad- ministration of said estate closed and said executor be discharged. Dated the ist day of March, A. D. County of By the Court: (Seal) I. C. DAVIES, Judge of the County Court. ‘Newton, Dullam & Young, Attorneys for Executor. 3—1-8-15-22, British army during the war used 27,000,000 18-pound shells. BR, S. ENGE, D. C. Ph. CG, Chiropractor Consultation Free Suite 9. 11—Eaean Block—Phone 98? Undertakers- DAY. PHONE 246 PERRY UNDERTAKING PARLORS Licensed Embalmer in Charge Day Phone 100 - ‘BUSINESS DIRECTORY WEBB BROTHERS Embalmers Licensed Embalmer in Charge Funeral Directors NIGHT PHONES 246-887 22-29; 4—5.] ° ren-|, On, Good HEANENS, FRECKLES! WHY Do YoU Look So.’ < FORLORN AND DowNcasT P ,|One, Hundred Sixty (160): Acres, more], That said mortgage contains‘a power} CLASSIFIED “HELP WANTED—MALE DOINGS OF THE DUFFS: WHILE |.WAS OVER BORROWING THIS ‘BUTTER FROM MRS. BAILEY,: SHE TOLD ME SOME SCANDAL ABOUT THE NEW NEIGHBORS ACROSS THE STREET - (VE HEARD ALL WHAT?) ABOUT IT- SLIP ME THE BUTTER, I'M _& , LATE. THIS MORNING| \ THE BISMARCK TRIBUNE ABouT. THEM? mA INSIDE AIN'T NUTHIN' 7 GLOOMY: DAYS - WISH SUMMER. WouLD VERTISEMENTS MISCELLANEOUS i eae NANTE: Sty = eee GOVERNMENT needs railway mail clerks; salary, $133 to $192 month; *, traveling expenses paid. Examina- tion announced soon. Write for free specimen questions. Columbus In- Stitute, Columbus, Ohio. 3-84515-22-29 HELP WANTED—FEMALE ‘COOK WANTED—A_widow at $40.00 per month. From two to eight peo- Ple to cook for. Donahue hospital, D. ‘New Rockford, 8-7-2 ‘WAITRESS WANTED—At Homan‘s Cafe. 3-1-lwk Raa SALESMEN } SALESMEN—To Sell Hardiest of all Trees, Fruits and Shrubs, in Dakota and Minnesota territory. Perma- nent trade. Largest ‘Nurseries be- tween Twin Cities and Rocky Moun- tains, Write for particulars. The . Northwest Nursery Co., Valley City, North Dakota. > 2:22-2W SALPSMAN—To cover. local terri- tory, selling dealers. Guaranteed salary of $100 a week for rigat man. The Commercial Radium Co., Fiftn Avenue building, New York, 'N. Y. 6-6 POSITION WANTED EXPERIENCED Stenographer — with some knowledge of bookkeeping de- sires position, Can furnish refer- ences if desired. Write 338, in care of Tribune. 2-7-tf FOR EXCHANGE WILL TRADE Land or equity in land for Bismarck Residence, Write or see K. Klein, Washburn, N. D. 3-2-1w ‘WILL TRADE a note and mortgage for a Ford car, Call at the Annex Hotel, ‘ 3-7-3t ROOMS FOR RENT FOR RENT—Very desirable furnished apartment. Also good piane for sale. Phone 257-W. 710,7th St. 3S-1w FOR RENT—Two-room apartment, nicely furnished, be vacant March 15th. 411 5th St. Phone 273. 3-7-3 FOR ‘RENT—Two rooms furnished or unfurnished. 907 6th St. Inquire ‘Service Grocery. 3-8-3t FOR. SALE—Furniture; 2 mahogany ‘Windsor chairs, -1 sectional book- cases, two 9x12 rugs, one 6x9 rug, One quartered oak buffet, one oak dining table and chairs, tigh chair with porcelain tray, youth’s chair, Seeger refrigerator, one ivory chif- fonier* one American walnut dress- er, new:Singer sewing machine, and other household goods. Call at..608 Second street, or Tel. 144-). 3-6-1W MRS.BAILEY SAID THIS WAS HIS 7HIRD WIFE AND SHE ISSUING FOR A DIVORCE — WHAT DID You HEAR OH, ) GOT ALL THE FROM HIS OWN BROTHER! G (\ ° E G fa, 7 Swucks! 1 TT No Consideration HERE, WAIT A MINUTE. WHAT ARE SOME OF THE THINGS HE TOLD You ? DOPE RIGHT He’s a Vain Creature PAGE SEVEN VLL TELL You TONIGHT WHEN |TO START SOM 1GET HOME - =| PM LATE THIS MORNING! IN THE AIR IF HE ISN'T THE LIMITE |Z THAT AND THEN TO BEAT IT{ LEAVING A PERSON UP BY ALLMAN, JETHING LIKE THAT \WAY : | VLL GIVE HIM TIME TO GET To THE OFFICE AND THEN I’LLCALL BY BLOSSER ! “T DON'T PFE I SUNSHINE. tion coal and gas range. Phone 512-R. 409 5th St. 2-28-2w TAKEN UP: “One bay mare with star in forehead. Owner may call for samé. L. J. Garskies, north of Bis- marck, Dak. 3-6-3t FOR SALE—Sweet clover. W. B. Scarofied, at 61-2 cents. Buxton Grain Co., Buxton, N. D, 2-6-1 FOR SALE—Vernis Martin bed, good springs and mattress, 411 5th St. Phone 273. 3-7-3t WANTED—Plain sewing and mend- ing. Mrs. K. A. Griffin, Room 21, Business College. 3-7-3 FOR SALE—Household goods at a | bargain. Leaving city at once. 222 9th St. South. Phone 957. 8-8-3t ‘Why not’ buy at wholesale price di- rect from the factory. ‘There is a reason, 50 mild WWavana cigars for $3.75, and.50 cigars, domestic fillers $2, C. O. D. We ‘pay postage. Try us. Satisfaction guaranteed. Wilton Cigar factory, Wilton, N. D. 1-30-41 RESTAURANT andsIce Cream Parlor for sale in Mildred, (Mont. Best lit- tle railroad town’on’ the Milwaukee, and also onthe Yellowstone ‘Frail. $1,800 for building, ‘fixtures and all, For information write to 5. Gunder- son, Wilton, N. Di" 3-8-8 FOR SALE, HAY—We have Montana Timothy, Blue Joint or Alfalfa hay for quick shipment for prices de- livered your station. ‘Have your bank write or wire great Falls Hay and Feed Co., Great Falls, Mont. 3-6-10 FOR SALE—or will trade for horses and cattle, $2,600.00 equity in choice ‘Burleigh County farm, balance crop payments. What have you? Write Box 105, McKenzie, N, Dak. 3-7-4t FOR SALE—Sanity cot and pad (good as new), high chair, nursery chair, folding “rock-a-bye,” card table, laundry articles, and rugs. Phone 309-W. 3-7-3t HOMB Portraiture. Go 0d Photo- graphs of your family taken ig. your home. Have us call and show sam- ples. Phone No, 637-J. 93-3-lw FOR SALE FURNITURE— Leaving town, must sell: furniture at once; bargains. 922-7th St. Phone 638-W. é 3-2-1w FOR SALE—Light Brahamas cocker- ’ els, choice stock. Alson combina- Will do all kinds of sewing at a reasonable price, ‘at 320 4th St. 3-7-1w MARKETS | ¢—— i ry NEW SETBACKS Chicago, March 8—New setbacks in wheat resulted early today when first declines in quotations in Liverpool were reported. Announcement: that an order from Greece for 2,500,000 bushels of Canadian wheat had been filled was without apparent influence. Uncertainty continued as to whether the government report this afternoon on farm reserve stocks of wheat would prove bullish or bearish. The opening vas followed by a slight ad- ditional decline to the 1-4 to 1 7-8 cents which it presented. ‘Subsequently the decline of prices at Liverpool-was explained as due to profit-taking which had about run its course. The close was therefore un- changed to 5-8 cents higher. ST. PAUL LIVESTOCK. ~ ‘So, St. Paul; March 8—Cattle -re- ceipts, 3,000.. Mostly steady. One small lot choice beef steers bid, $9. Best ‘load lots early, $7.75. Bulk, com-. mon to medium beef steers, $6.50 to $7.25. iButcher cows and_ heifers, mostly, $4 to $6. Few up to $7..Stock- rs and feeders, $5 to $7.25. Bulk, $5.50 to $6.50. Feeding cows, $3 to, $4.25. ‘Few stock heifers up to $5. Calves receipts, 3,500. Practical pack. er top, best lights, $7.50. Few, $8. Seconds, $4.50 to $5.50. Hog receipts, 13,500. Weak and mostly 10 cents lower. Light “sorts, THE OLD FOR RENT—Furnished rooms for light housekeeping. Phone 4414R. 416 12th St. 3-2-1w FOR RENT—Furnished: room in mod- ern house. Ladies desired, 614 8th street. 3-7-lwk FOR (RENT—One furfished room. suitable for two. 409 5th St. 3-8-4t LAND ARE YOU Interested in buying land in North Central Minnesota, the land of clover, beautiful lakes and Prosperity? If so write to Leach Lake Land & Investment Co. at Walker, Minn. No trades, 3-3-1m fe PERSONAL, EPILEPTICS—Would you care to learn about New Rational Treat- ment for immediate relief of epil- * .epsy positively stopping all seizures from first days use. Information free. “Specialist,” Drawer C-592, Lander, Wyoming. 3-8 FOR SALE OR RENT HOUSES AND FLATS FIVE ROOM BUNGALOW, thoroughly modern; at bargain price. Very easy terms. Call us for particulare be- fore it is too late, and be satisfied. Phone 961. Henry & Henry, 3-6 3t FOR SALE—By owner, nine-room modern home; vew desirable loca tion; will sell all household goods algo. Call 827, between 6 and 7 P.M. 2-3-1w FOR RENT——Two 2-room apart- ments for light housekeeping. One |* furnished and one partly ‘furnish- Night Phone 100 or 687 ————————————— _ BISMARCK FURNITURE COMPANY 220 MAIN STREET bien Upholstered Furniture Made to Order ed. 622 8rd St., Phone 132-W 3-2-lw Lost a tas LOST—White gold wrist watch. In- itial on back Z. C. B. Reward. Phone 654d. 3. LOST—String of pearl beads. please notify Phone 851-W. 3-6-3t ONS. pobee BLONKETS K CM _—— Fn ad GENERAL MERCHANDISE” fe RAPERY, DRESS, GOODS Hos seh" BAXTERS DELIVERY WAGON HADA SKIDDING ACCIDENT ON LOWER MAIN STREET TODAY. FRECKLES EN BO Sta—G early, $10.90 to'$11. Bulk sales, $10.50 to $10.75. Heavy packers around $9. Pigs, $11. Sheep receizts, 1,500. Steady to strong. Native lambs, $14 to $i4.50. ‘MINNEAPOLIS FLOUR. Minneapolis, March Flour un- changed to 10 cents léwer. In car- load lots, $8.15 to $8.25 a barrel. Ship- ments, 40,034 barrels. Bran unchang- ed. CHICAGO LIVESTOCK. Chicago, March 8.—Catte receipts, 8,000. Active, steady to higher. Hog receiptsy 15,000. Steady to 15 cents higher. Sakep receipts, steady. 1,000. Generally MINNEAPOLIS GRAIN Minneapolis, Minn., March Wheat receipts 225 cars compar with 184 c a year ago. Cash No. 1‘northern, $151 1-4 to 1-4. Corn No, 3 vellow. 511-2 to 52 1-2. Oats No.'3 white, 35 to 35 3-4. 2 to 63 cents. Rye No. 2, 99 1-2 to $1.50 1-2. Flax No. 1 $2.64 1-2 to $2.69 1-2. ed MARCK GRAIN Miller Co.) No, 1 dark Bismarck, March northern $1.41: No, 1 amber durum, $1.14, No. 1 mixed durum $1.05. . No. 1 red durum $1.01. No. 1 flax, 2.32. + No, .2 flax $2.27, No. 2 rye, 82c. N. D. Girl Narrowly Escapes Drowning Dickinson, N: D., Maren 7,—Accord- ing to a news dispatch from Minne- apolis, Miss Ruth L. Maser of Dick inson, a sophomore in the academic college at the University of Minne- sota, probably owes ner life to one of her instructors. ‘Learning to swim, Miss Maser tried to swim the entire length of the tank in the women’s gymnasium, but becoming exhausted, sank within a few feet of her goal. Miss Gertrude K. Lyons, an instrue- Yor, hearing the cries of other stu- dents, dove into the tank and rescued Miss Maser, who was revived. _ BY STANLEY NO-NO- [eRoesaber none CLOBIING @ - FINDA gg A SEAT QD } | QF Mig QO NO, INE 6oT ‘ 0l- | SUPREME COURT | oS as ~ From Morton County J, V, McCormick, Trustee of the Es- tate of Max Schultze, bankrupt, Plain- tiff and Appellant, vs. The Union Farmers State Bank of New Salem, N. D., a corporation, defendant and Respondent, and The Farmers’ and Merchants State Bank of New Salem, N. D., a corporation, Intervener and Respondent. . Syllabus: (1) An action, instituted for pur- poses of declaring a deposit or pay- ment of moneys to constitute a pre- ference, pursuant to the Federal Bank- ruptey Act, and, as such, tried in the district court without a jury, is not triable, upon appeal, de novo in the Supreme Court. (2) In such action, the findings of the trial court are presumed to be ecrrect unless clearly opposed to the preyyonderance of the evidence. (3) For reasons stated in the opin- ion, it is held, that the trial court did not commit error in its findings and conclusions. t Action in District Court, Morton ccunty, Pugh, J. Plaintiff! has appealed fyom a judgment and has demanded\a trial de novo. Affirmed. Ozinion of the €ourt by Bronson, J. Grace, Ch. J.; Christianson and Al, JJ., concurring. Norten & Kelsch, Mandan, N. D., Attorneys for ‘Plaintiff and Appellant. Negton, Dullam & Young, Bismarck, N. D., Attorneys for Defendant & Re- spondent, and Intervener and Re- spondent. From Morton County John Kautzman, Plaintiff and Re- spondent, vs. National Union Fire In- surance Company of Pittsburgh, Pa.,.a corporation, Defendant and Appellant. ‘Syllabus: Where a complaint is so framed as to state a cause of action or causes of action upon more than one legal thé- ory, a demurrer to the complaint on the ground that it does not state facts sufficient to constitute a cause of ac- tion should be overruled. Appealed from the District Court of Morton County, Berry, J. Opinion jof the Court by Birdzell, J. Grace, Ch. Ji, being disqualified, did not participate. Appealed from an order overruling a demurrer. ‘Order affirmed. V. H. Crane, of Mott, N. D., Attor- ney for Plaintiff and Respondent. Sullivan, Hanley & Sullivan, of (Manden, N. D., Attorneys for Defend- ant and Appellanti From Ramsey County ‘State‘of North Dakota, Respondent, vs. David H. Ugland, Appelant. Syllabus by the Court. (1) The verdict of the jury, based upon substantial competent evidence, is binding on the court, Following State v. Crary, 31, N. D., 67, 153 N. W. 425. (2) To constitute the crime of em- bezzlement, the possession of the pro- perty appropriated must have been, by the owner or for or in his behalf, inirusted to the accused so that a re- lation of trust and confidence relative to the thing appropriated is created, appear that the accused and it mu property embezuled by virtue of such relation of trust and confidence. (3) . The owner of grain hired ac- cused on a monthly salary to assist in harvesting, threshing, caring for and transporting said grain to mar- ket. Held, that the possession of said grain, under such circumstances, remains in the owner thereof; and if accused, having access to and cus- Andy of ther grain, for such purposes, thily takes and carries away the same, or a portion thereof, without the ccnsent of the owner, and stealth- ily converis the same to his own use, he takes it from the possession of the owner, and is pyperly informed against for the larceny thereof. Appeal from the District Court of Ramsey county, N. D,, Buttz, David H. Ugland was convicted of the crime of Grand Larceny and ap- peals. Affirmed. Opinion of the Court by Pugh, J. Robinson, J., specially concurring. Byonson, J., being disqualified did not participate. Palda & Aaker of ‘Minot, N. D., at- torneys for the appellant. Sveinbjorn Johnson, Attorney Gen- eral; Spalding & Shure, of Fargo, N. D., of counsel, Attorneys for Respond- ent,