The Bismarck Tribune Newspaper, January 13, 1923, Page 7

ee ‘ SATURDAY, JANUARY 18, 1923 | OUT OUR WAY — By Williams HERE COMES or, = ey “A DERBY ! oe rwilhaas NEA SERVICE Report of the Cond.ition of the be MOFFIT STATE BANK at Moffit, in the State of North Da- kota, at the close of business De- cember 29, 1922, Loans and di Overdrafts, secured unsecured... 4. Warrants, stocks, tax + tificates, claims, ete. Banking house, furniture and fixtures .. Other real estate . Checks and other cash items $70,894.86 | and 414.36 996.49 | 1,900.00 | » 1,885.00 3,316.82 Due from other banks and cash ’..... 13,985.42 17,302.24 | Total . « $93,392.86 LIABILITIES Capital stock paid in ... $10,000.00 Surplus fund « 2,000.00 Undivided profits, less ex- penses and taxes paid .... Individual deposits sub- ject to check . 12,980.60 Guaranty fund de- posit es Time certificate of * deposit 66,092.58 Cashier’s checks out- standing 394.24 1,698.26 227.18 \ 79,694.60 Total ... + $93,392.85 State of North Dakota, County of Burleigh, ss. _~ I, H. P. Goddard, cashier of the above named bank, do solemnly swear that the abo#e statement is true, to the best of my knowledge and belief. : H. P. GODDARD, Cashiec. Subscribed and sworn to before sme this 5th day of January, 1923. Lloyd L. Rockwood, Notary Public My commission expires Oct. 29, 1926. Correct: Attest: H. P. Goddard, V Benz, Directors. BANKRUPT’S PETITION FOR DIS- CHARGE AND ORDER OF NOTICE THEREON In the district court of the United State, for the southwestern division, district of North Dakota. No. 3644 IN BANKRUPTCY In the matter of August Wageman, bankrupt. To the Honorable Andrew Miller, judge of the district court of the United States for the district of| North Dakota: August Wageman of Regan, in the county of Burleigh, and State of North Dakota, in said district, re- spectfully represents that on’ the 27th day of October, 1922, last past, he was duly adjudged bankrupt un- der the acts of congress relating to! bankruptcy; that he has duly sur-/ F rendered all his property and rights | of property, and has fully complied! with all the requirements of said| acts and of the orders of the court touching his bankruptcy. Wherefore, he prays that he may fe decreed by the court to have Zul discharge ;from all debts provable a apnat his estate under said bank- ; ‘rupt acts, except such debtsas are excepted by law from such dis-! charge. i Dated this 11th day of November, A. D., 1922, AUGUST WAGEMAN, Bankrupt. Order of Notice Thereon District of North Dakota, éss, On this 18th day of December, A. $p. 1922, on reading the petition for discharge ofthe above named bank- rupt it is— Ordered by the court, that a hea: ing be had upon the same on the i 16th day of February, A. D. 1923, before the said court, at Fargo, in said district, at ten o’clock forenoon; and that notice thereof be published in The Bismarck Tribune, a -new: paper printed in said district, and |: that all known creditors and other persons in interest ‘may appear !at the said time and. place ani show cause, if any they have, why the prayer of the said petioner sfould ‘not be granted. $ And it is further ordered by the} court, that the referee shall.gend, by mail, tofall kriown creditors, eop- jes of said petition and this order, addressed to them‘ at their places: of residence as stated. y Witness the Honorable Miller, judge of said court, and the 1 thereof, at Bismarck, in said’ trict, on ae 18th dey of Decem- di ber, A.D. 1922, J. A. MONTGOMERY, (Seal of the Court) Cler! . By E.R, Steele, | 172,000 others Andrew |} + All Dressed for Work spondent. : {appellant. ‘ground upon which such action —S | BEAT COUE BY | | 300 YEARS o2 Even M. Coue himself wil] acknowl- edge that a Jarge part of the atten- tion that his autosuggestive héaling methods have attracted is due to his fortuitous slogan: “Every* day, in. every way, I am growing better and better.” { But Sir Walter Raleigh beat M. Coue to’ the idea by 300 years. Wrote Sir Walter; “The unlearned “man knoweth not the pleasure of the pleasant life which consists in OUR DAILY FEELING OURSELVES BE- COME BETTER.” SUPREME COURT | —_-—______—__ FROM MORTON COUNTY Balbina M. Kranz, plaintiff and re- vs. Herman J. Tavis, executor of the Last Will and Testament of Martin Kranz, deceased, and 0. M. J. De- Moully, defendants. O. M. J. DeMoully, defendant and SYLLABUS; é Section 8809 C. L. 1913, reads: “No action for the recovery of any es- tate sold by the executor or admin- istrator or otherwise disposed of under the provisions of this chapter can be maintained by- any heir or ther person claiming under the de- cedent unless it is commenced with- in three years next after the sale. An action to set aside a decree di- recting or confirming a otherwise disposing of such proper- ty may be instituted and maintained at any time within three years -from the discovery of the fraud or other is based.” It is held that this section does not create a new remedy, or confer a new ‘right of action, but merely recognizes the existing rule that a judgment. ‘may be vacated by an equitable action upon certain grounds and limits the time in which such action may be brought. For reasons stated in the opinion, it is further held, that the evidence; in this case does not establish facts justifying interference with a decree of distribution. From a judgment of the district court of Morton county, Berry, J.,| defendant, O. M. J. DeMoully sp- peals. Opinion of the court by Christian- son, J.—REVERSED. Birdzell, Ch. J., Bronson and Grace JJ., specially concurring. and ape M. J. DeMoully, L. H. Conmolly, Mandan, N. Dak., attorney for plaintiff and respond- ent FROM STARK COUNTY Jacob Roquette, plaintiff and re- spondent, vs. Farmers’ Insurance Company, a corporation, deféndant and Appel- Fites wiil bother Jerry no longer. When Jerry goes to work in the ‘gfouthern Pacific railroad yards at Oakland, Cal., he wears overalls on hig| of were non-prejudicial. Yoreleza The bind legs can take care of themselves North Dakota One of Most Wealthy States (Continued from Page 1) person ever to address the North Da- flota legislative assembly. He declared that the boys and girls of the state were its greatest asset—that they were like the virgin fields and to develop them would mean prosperity while neglect would mean certain deéline of the state. He pointed out that 25 years hence the boys and. girls assembled and in the state would have to be doing its work—that they would be the legislators of that day, Paris, Jan. 13.—The allied coun- cil of ambassadors decided to make energetic representations at Kovno to induce the Lithuanian government to bring pressure to bear on the group of Lithuanians menacing Memel. They are of the opinion that the Lithuanian gov- ernment is able to stop the move- ment if it acts promptly-and vig- orously, 7 Buenos Aires provincial ‘legisla- lant. ‘ Syllabus— In an action, on a policy of insur- ance, for damages caused by w'nd- storm, it is held: 1. That the tr’al court did not err in denying defendant's applica- tion for leave to amend the answer. 2, That instructions complained From a judgment of the district court of Stark Courity, Lembke, J., defendant appeals. Affirmed. Opinion of the court’ by Christianson, J. T. F. Murtha, of Dickinson, N. D., for appellant, Crawford & Burnett, of Dickinson, N. D., for respondent. FROM RANSOM COUNTY Nick, Stoffel and Peter Stoffel, plaintiffs and appellants, vs, J. 8. Sullivan and J. W. Sullivan, defendants and respondents ture will encourage cultivation of SYLLABUS: phosmium tenax, otherwise a genus of liloccous plants, or, still more | quires simply, kind of flax. (1) Section 6763, C. L. 1913, re- every mortgagee in a chattel mortgage to surrender to the mort- gagor at the time of ‘the execution China has 225 “people to each lof, the mortgage, a correct copy of square mile( Japan 376 and Aus- tralia less than, 2, the original mortgage, with witnesses or acknowledgement shown thercon. Sng | THE POPULARITY OF AUNT SARAH PEABO! HAS STIMULATED BUS/NESS For TO PUTIN A COMPLETE LINE OF eae DYS NEW RED PLUSH ROCKER IED BARRYMORE, UP-TO-DATE PARLOR FORAITORE BY STANLEY | Le | i} | FOR STANLEY NEA SERVICE WHO HAS BEEN ForRCED The mortgagor by the same section is required ‘to to the mortgagee a receipt which shall be attached to the original mortgage, showing that the mortgagee has sur- surrender rendered to him a copy of such mortgage. Construing the language of the section, it is ‘held: That the mort- gage and receipt are two separate instruments, though they may be at- tached; that such mortgage and, re- ceipt must be signed separately; that such mortgage is not entitled to be filed unless the receipt is signed as @ separate instrument. * (2) Where such receipt is not Nortoh and Kelsch, Mandan, N. made and executed in the form re- Dak., attorneys for the defendant PEEL RH quired by the above where the mortgage is filed without such compliance, and in the’ circum- stances here, it is constructive notice to others who may acquire an in- terest in the property covered by the mortgage, in the absence of the actual notice of the mortgage. An appeal from the district court of Ransom county, F. A. Allen, Judge. Opinion of the court by Grace, J. JUDGMENT REVERSED. Birdzell, Ch. J. and Christianson, » concur in result. Branson, J., . Mrs. 'C. 0. Heckl tis aitd Remington, Lisbon, N. D., at- torneys for plaintiffs and appellants. Mr. Charles G. Bangert, Enderlin, N. D., attornéy for defendants and respondents. Austria’s nofe- circulation for No- vember amounted to 3,000,000,000,000 erowns, against 2,937,000,000,000 the Hreceding month. $4200 - . BUYS - Residence of. A. S. Kelsven, 518 6th St. Jocation in city. Mr. Webb Block Five Room House to Rent. SO You HAVE TWO. ROOMS UP IN THE , ATTIC HERE? WHY Don’T- You GET A BILLIARD TABLE P FINE ‘PLACE For iT! DOINGS OF THE DUFFS THOUGHT ABOUT IT- THIS DooR STicKS- 1 MUST GET THE CARPENTER OVER | To FIX IT- WET- HEY! Don’T SHUT THAT TIGHT WE WON'T BE ABLE\To GET OUT OF HERE! * * “ Things That Go With a New House IT STICKS A LITTLE BUT 1 BELIEVE 1 CAN FIX THIS Door, Tom- THEY MUST HAVE CLOSED IT WHEN THE VARNISH WAS STILL eo hati YES,You FIXED 1T-Now WE CAN'T GET OUT HERE SHE elsven’s work calls him to another state. Must give up home. A-real opportunity for large family or party wishing to keep roomers. This property can be bought on terms. Buy now and save money. HEDDEN REAL ESTATE AGENCY LASSIFIED ADVERTISEMENTS | HELP WANTED—MALE | | SALESMEN WANTED | WANTED—AI aro mevhanic. for general repair shop, Must have welding knowledgfe. Write P, 0.| E 1-8-1w by D—Young man to wo the rfonth to drive team. F. Jask- | owiak, 421 12th St. 1-10-tf | HELP WANTED—FEMALK WANTED—Women to do we at home. Good pay. Mate: If-addressed s y s lings particula ence Art Goods Co. Ohio. mped en- Flor- “Earn $25-$100 spare time, copying author: ipts. Write R. J. Carn particuld WANTED er, Apply Bismarck Hide and Co, cor. 8th and Front St. Phone 1-11- Goud reVable girl te sist with housework and care for children 508 9th St. Phone 596M. 11-11 3 ‘Competent g rl for gen- EVERYBODY EATS , |/LARGE VERY DAY—| And every time they eat some one: makes a profit. Sell groceries and | be in the biggest business in the} country. No capital or experience | necessary. Just show samples and | take orders for sugar, flour, can-! ned goods, dried fruits, coffee and | entire line of “every day eating” | groceries, as well as paints, roof) ing, and automobile oils. Finest! quality. Our prices in many cases | are lowest. We have men making | 100 to $8,000 yearly. Address Hitchcock-Hiil Company, Dept. 500, | i bank or | € ago. Refe: express compan: NATIONAL two more salesmen nees—any | use portant special work. congenial work and prc the inside winter. Must be neat appearin, d willing to start | at about § Men over 35 given preference, State full par-| ticulars in first letter and ¢ phone number or addre Write P. 0. Box 19. Bismarek, N. D. | 1-13-t | eral housework, in family of three | gxPERIENCED SALE: Most | adults. Miss Jackson, 601 6th St.) “profitable high grade line. in coun- | 1-11 3t. e try, tailored to measure men’s | WANTED — Competent girl, general] clothes, liberal com- | rl, house work. Phone Ww. WANTED—Experienced waitr Homans. 9-tf Most convenient Phone 0 Unusually mission. Sale and quick. Ap- | Siebler Tailoring Co.| , Cincinnati, Ohio, 1-6 1t L. E ‘ou care to} learn aboyt the new rational treatment for immediate relief of epilepsy. Positively stopping all | seizures from first day’s use. In| formation free. “Specialist” Draw- 2, Lander, Wyo. ) WANTED L MAN'S Made-to-measure suits | (Union made). styles. | Woolens bought | Want producing agents. Spring| Swatch line ready, Leeds Woolen Mills, Chicago. 1-13-1t WHAT ARE ) You TWO HOLLERING BY ALLMAN) CALL UP MAIN 47 84 AND TELL,MR.CLEMENS THE CARPENTER TO COME OVER HERE RIGHT AWAY - WE’RE LOGKED IN! FRECKLES AND-HIS FRIENDS . ig FOR RENT—Very comfortable fur | FOR SALE—Duroc pig, weight PAGE SEVEN 2 WORK WANTED YOUNG LADY Wants work to assist with housework. Phone number 967. 1-12-2t WANTED—Washing, 911 9th St, 1 FOR BALZ OR RENT HOUSES AND FLATS. FOR SALE—A bargain. 6 room amo- dern house, well built, including 3 good bed rooms, full basement, sereened in porch, east front, close quick possess‘on given, at a bargain. Geo. M. Register, 1-9 Iw ROOMS FOR RENT. FOR RENT—Two rooms, modi apartment for light housekeeping may also be used as rooms. 722 5th St. Phone 1-12 3t. nished room suitable for one two people, 620 7th St., phone 4 1-1 FOR RENT — Two large rooms two small rooms for light ho: keeping. 404 4th St. Phone 51) and FOR RE room or w'thout board. Phone 1066. FOR RENT—Warm plea in modern home, sui young lady. 114 Ave. 558M. T—Nicely furnished large uitable for one or two, with St. 46 Main for ne A, ph 1-10 RENT—Pour-room apartm with bath at the Woodmansee, farm furnished on way to Capitol, 706 6th bt ly modern sle ing roems, at 300 9th § Phone 1-10. MISCELLAI Hemstitching, Pico! ing all done with one Fits all machines.| Easi rhment. adjusted. ) extra power needed to run same. att. Samples of work and full instrue- tions with each uttachment. Price $2.50. Oriental Novelty Co., Box 11, Corpus Christi, Texas, RUG WEAVING—Silk portiers, ble runners, porch cushions, Ma- terial sewed and dyed any color for rugs. Work called for and de- livered. Carrie J. Falck, Bismarck, N. D. 1-12-1wk If you want a good dinner and all you can eat for 35c, come to the California Fruit Store, east side, of the 5th St, 1-12 2t FOR SALE—By Sunshine club, 3 hit and miss rag rugs, two 36x72, one 36 x 90. Phone 511M, 408 Ave A. ta- FOR SALE—Choice pure bred barred Plymouth Rock cockerels, Thomp- son’s New York Ringlet strain. Write for prices. W. A. Falconer, pure 1-10-1w cHANGE FOR LANI—J. 1. Case engine, separator, plow Land must be priced right. Address 514 care of Tribune. 1-13- Lad'es or getitlemen's far garment repaired and relined, First class work guaranteed. Phone 538M. Mrs. Mat- tie Erstrom, 505 3rd St. 1-10 lw FERRETS for rats, mink and rabbits, send for price list. BC. __St Paul Park, Minn, 1-1 FOR SALE— Household furniture. Call Room 609, McKenzie hotel, 1-11-31 =—SS———SSSSSSSSSS=—== NOTICE OF SALE IN FORECLOS- URE BY ADVERTISEMENT Notice is hereby given, that that certain mortgage executed and de- livered by Roland White Bradshaw to the Bismarck Loan and Invest- ment company, a corporation, dated the 27th day of February, 1920, and filed for record in the office of the Register of Deeds in Burleigh coun- —j|ty, North Dakota, on the 11th day of March, 4920, at 11 o'clock a. m. and was recorded in Book 146 of Mortgages on page 240, will be fo! closed by a sale of the premises de- scribed in such mortgage and here- inafter described at the front door of the court house in the city of Bis- marck, county of Burleigh, State of North Dakota, at the hour of 1). o'clock in the forenoon on the 20th day of February, A. D., 1923, to sat- isfy the amount due upon such mort- gage and which will be sold to sat- isfy the same, are described as fol- lows, to-wit: Lots five (5), six (6), seven (7), and eight (8), in block forty (40) of | Flannery and Wetherby’s Addition | to the city of Binsmarck, in Bur- leigh county, North Dakota. There will be due on such mort- gage on the date of sale the sum of 451.60 in addition to the costs and expenses of sale including attorney’s Sees, Bismarek Loan and Investment Co, - Mortgagee. LF. E. McCurdy, Attorney for Mortgagec, Bismarck, N.D. _1-18,20,27:2-3,10,17 TAKEN UP One sorrel white face -mare about 1100 Ibs. and one gray mare weight about the same with last springs colt at her side. Owner can have ioe: by paying charges. Phone 675-3 FOR SALE—Newcomb's Parcel De livery. For ‘terms. phone 917 or call at 924 6th St, 1-13 -4t FOR RENT—Furnished,room in mo- dern house. Gentleman preferred. Breakfast if desired. 608 10th St. Phone 8423 1-18 3t FOR RENT—6 room partly modern house, partly furnished. Geo. M, Register. 1-13-3t 359 Ys. for $3500. Alex “Anderson; Bismarck, N. D. Phone 6F 210. ; 1-13-Laek FOR SALE—Modern five-room buh- galow in Riverview addition; location. ’ Write’ No.