The Bismarck Tribune Newspaper, December 20, 1926, Page 6

TANGLE WITH ‘BUD’ GORMAN Heavyweight Aspirant Meet Wisconsin Man Tonight in Ten Round Bout to N. sh, Dec + of Bridgeport, to the hea wars with Hu Wis., (P) Conn, weight Bud dersey City 20 Jack Delan tonight rides first trial horse They meet in the 10 roun’s with no of at a benefit show at the Jersey City favor of the defendant| tract who threshes the grain raised | Brown o motion for a directed in accordance with the terms of the t verdict ng been made nor the in-| contract, is entitled to a thresher’s | sufficiency of the evidence specified lien on all of the grain so raised, as ground for a new trial the evi-, irrespective of any contract between dence cannot be reviewed in thisthis landlord 'and-others to which the Court. ; ‘lessee is ngt a party and does not ‘Appexl from the District Court.! waive his lien by delivering the grain Adams County; Judgment and order|at an elevator as required by his denying motion for judgment not-/contract, even though this results in witbean ee verdict or new .tgialy)a comingling of grain. Hon. F. T, Lembke, Judge. Appeal from the District Court of AFFIRMED, Divide Gounty, Hon. Geo. H. Mocll- Opinion of the Court EY; .) ring, Inde. Tyler & Forgenson, of Wilmi REVERSED. Calif., Attorneys fot Al lant. Opinion of the court by Burr, J. F. M. Jackson of Bettinger, E. J. Mellraith, Crosby, N. D., At: yand K. Murray of Mott, N for;torney for Plaintiff and App Respondent. ue | Geo: P. Holmes, Crosby, N. D., At- . |torney for Respondent. From Burleigh County Christine Dunn, et‘al, for themselves From Dui and for the benefit of all other|H. V. Howland, rsons similarly situated, pondent iffs and Respondents. ‘found’ in Burr, J. I ete.,! Plaint vs. Edmund A, Hughes and John L. Lar- son, Defendant Edmund A. Hughes, -vs.- | James W. Bailey and Augusta Bailey, Defendants and Appellants. | SYLLABUS: 1. Where land is sold. at a mort- Appellant. jwage foreclosure sale by advertis- Syllabus: {ment, and bid in, by the sheriff for n action brought by owners of|the mortgagee, for an unauthorized ate abutting on an alley-way | amount, and the certificate of sale is ¢ City of \Bismarck the com- not accepted or approved by the mort- Neges an obstruction of this|gagee there is no valid sale of the and that the alley-way is a} land. duly and legally established and rec-| 2. The sheriff cannot after the auc- cnized highway. Upon demurrer it tion sale and the issuing of certifi- s held that such complaint is not/cates of sale thereon, make new cer- subject to the demurrer on the) tificates of sale in accordance with ground that the court has no juris-|the bid intended by the mortgagee. diction of the subject matter or that|/In the first instance the sale was Defendant and ant. | County jaintiff and Res- | é ry for a Christma fund under the promotion of Humbert J. Fugaz, Nelaney rules a 20 to 1 though Gor perience, out. Rosenberg on ¢ round fin WENDELL V. | Large hands are a most valuable asset in baseball, Such being the case, Wendell Vance of Los Angeles, Calif. a nephew of the great should be a big suce Here he is living up to his reputation, n balls in one d-and six in the other, 13 in all, prov- ike most Il players, he isn’t- superstitious. The only 15) is a member of the Santa Ana high school team. holding r sic on Pete 1 bout. is the first of two heavy; eliminations this week. Harr) Jim Maloney of Boston a Squ rden, New York, day night, Maloney is a two to 0 favorite. parties engaged in illegal transae- tions. Appeal from the district court of vass County, Hon, A. T. Cole, judge. AFFIRME Opinion Lemke Settlement of | Suits Against Dempsey Sighted): the court by Nuessels, J. Weaver, of Fargo, attor- and Appellant. Murphy & Niles, of sys for Defendant’ and From Nelson County Hilling eon Respondent. : v From Cass County 1, as Receiver of the lerchants Bank of Da rele ie Ok Galde, en Defendant and Appellant. tion to extend the time tlement of the statement dressed to the sound . retion of the Court and the action Coun of the Court will no’ be disturbed | ¢ ue she ; "“lunless there is an abuse of discre- begun ne i 0% ment on the last August. i , id Respondent, here en the holid . Goforth, Defendant and Appellant. ieeicinaal in the possession of the retion has been | Record that no ab shown, ppeal f mands for 2 s! deliver: presumed until the ¢ (See. 6901, C. 1. 16.) And where the ‘ory note, which on of the paye rship contr: m the District Court of on County, Hon. A. T. Cole, “= N Mrs. Schoemmell May |, 4. Not Take Part in) onic: Catalina Isle Swim)»: » Se burr, g,| 8, im the possess Attor- conditio! delivery of such not ain i Lede! the maker has the burden of estab- vakota, N. orneys | lishing his defense of condttional d:- York, Dee. ()—Mrs, for appellant. 1 by a preponderance of the evi hocmmell, York dis. | i swimmer who prefers bathing |) par (John 2. Erickson, sh Ptointitt 13 | Ne ‘ass County. al from a judgmen rendered and toa ju Appellant but tried to the court hout a jury, the findings of fact are presumed to be correct; and when uch findings are based upon parol e hey will not be disturbed prth Dakota ie fe and “Mrs. | Clation of jade Corson, channel conquer: tion, ors, who have announced they will not compete. Defendant and Respondent.| 4 SYLLABUS to the preponde of the evides . 1. Ordinarily the a) 3. dn the i t case, the pl pgontes pon which a tiff seeks to recover upon a promi: must b note, The trial court held that Petrolle to Fight fosuse Less Murray Tonight iieccity". Snaene: hud hot pounicentat(aubar ithe illegality For reasons stated in the opinion, it Dee, 20. (P)-~ is held t the findings of the trial in lightweight, court have ample support in, and are ntion from not opposed to the preponderance of, of his|it may be the evidence. division, tonight wil meet Billy Pe-;though not From a judgment of the trolle, Fargo, N. D., in a 10-round| 2. Horse Court of Cass County, Hon, A. T. sol bout here which boxing exper y|mium, or pur Judge, the defendant appeals. will determine whether Murray is |tion of Secti capable of mingling with the loading! bidding * lightweights usa championshin con-| between tender, ta Murray has t tests since he losing to Murray welterweight a victory ov Another 10-round Wis. Murray, Austr who is asking for att lecding American members Milwauk 1 pli a prize, pre- » is within the prohibi- C. L. 1913 for- | 1 of speed als for any ‘ol AFFIRMED. Opinion of the court by Christian- Ch. aken part in two ean landed in Ame kins, 13 authoriz of a State Association d providing such sociation may | title vey the same Dakota S. argo, N. Dak., Attorney for Res, pndent, to to the s' the purpo under the ion the agricultural horticultural x From Adams County « 4. O, Jacobson Plaintiff and Appellant. George Klamann, et al, Defendants. 0, 0, Brown, Defendant and Respondent. 1, Suff y of the evidence cannot be reviewed on appeal unless such sufficiency was challenged by motion for a dirgetced verdict or by | motion for’a new trial in the Court The pleadings in this case rais- below, ed the issue of whether defendant to do an act for-| Brown was an accommodation endors- s provision of law | er for the plaintiff. The Court gave the policy of express | the law regarding accommodation par- 1 and unenforcible, for | ties, their rights and liabilit not lend their aid tol matter was submitted to a ju After Big Football Season Princeton Is Optimistic of stute funds | eva North Dakota tien “for premiums k, poult better farm- not special racing for re Belgium, Okla, Shackles, Tulsa, 4 —-Harry ankie O (ay Metric System of Weights, Measures Growing in Favor interests allowing. 4. A contract bidden b. to 7 a ourts will Request that it pa: Jizing cong: to stablishing the metric weights and measures probably will be presented to the legislature at the coming session. aceording to S$. A. Olsness, commissioner of in- is an ardent advocate of | the metric system, contending that its adoption would save much time j and thereby speed up busine: It; also would reduce the possibility of | errors frequent in the present ays- ; tem, advocates of the idea contend. | Numerous efforts to install the; metric system have been made ip the past and all have failed but me bers of a nation-wide organization | who are advocating the change are | hopeful that continuous campaigning will eventually produce the desired result, Olsness said. of Minstrel | Show Has Meeting preliminary to hearsal of the cast of the El w this evening at hall, a get-together meet- | cast members was held yes- ; afternoon. Clint Draper, direc- tor of the pom egeryee ay to those Present and a few o! songs in ne played over. The is to be presented January 7 ‘and 8 at the Bismarck auditorium. | ‘AN OLD FORT | Mass—Fort Washing- Bunker "Hill, Lexington ous as a v ¥ other places of historic inter. EDWARD ALEXANDER N. DAVIS i ; Princeton, after soundly thrashing Yale and Harvard in football, turned its attention to the two winter major sports, ashetiet and: , lexander will try his best to repeat the grid it He is captain of the cage squad, : N. Davis, a mighty clever ‘performer, a negotiable instrument, named therein, claims that there was/ uction properly triable, District | there is a defect of parties, plaintiff or defendant, or that the complaint | sufficient to} } Appeal from the District Court of | does not state facts constitute a cause of action. Burleigh County, Hon. Fred Janson- ius, Judge. Affirmed. Opinion of the court by Burr, J O'Hare & Cox, Bismarck, N. Dak. Attorneys for Appellant. al and ‘Harold _D.| D., Attorneys for! Scott. Cameron ft, Bismarek, N. spondents, | | Re | From McKenzie County jA. I. Haut, Plaintiff and Appellant, | vs. \ |T. O. Gunderson, Defehdunt and Re- | spondent. | Syllabus: (1) In | leged to | plaintiff through an action for damages al- have been sustained by the in an automobile collision the negligence of the de- fendant, the defendant counter- |claimed, alleging that the plaintiff's | negligence was the cause of the col- lision. The pleadings—are construed, and it is held that the facts alleged in the complaint ‘and the counter- claim relate to the same occurrence. (2) Section 7449 of the Comptled Laws for 1913 auhorizes a cause of action in tort to be made the basis of a counterclaim in an action ‘in tort, where both the action and the counterclaim are predicated upon the same set of facts. : Appeal from the District Court of MeKenzie County, Hon. John ‘C. Lowe, Judge. Affirmed. Opinion of the court by Birdzell, J. Knauf & Knauf, Jamestown, 'N. Dak., Attorne: r Appellant, + Lemke & We r, Fargo, N. Dak., Attorneys for Respondent. From Morton County Henry Lesch, Plaintiff and Respond- ent ! | avs. | Farmers & Merchants State Bank of New Salem, N. D., a corporation, Defendant and Appellant. SYLLABUS: In the instant case the plaintiff! purchased certain K. N. K. travelers’ checks from the defendant | bank. Shortly thereafter the banking firm by whom such, travelers’ checks were | issued became insolvent, and the | plaintiff brought this action against the defendant bank, claiming that he was induced to purchase the K.{ iN. K, travelers’ cheeks 'by virtue of ,certain representations made to him by the cashier of the defendant bank las to the solvency of the banking |firm by whom the K. N. K. travelers’ | jchecks were issued; that such | epresentations were false; that he purchased the said travelers’ checks in relience upon the representations so made and as a result sustained jdamages. For reasons stated in the Jopinion, ‘it is held that the jury was | justified in finding; that the repres- entations made by the defendant bank were statements of fact and not mere expressions of opinion: in {the nature of “puffing” or “sales jtalk”; that plaintiff purchased the | travelers’ upon |such representations; that the rep- jresentations were false and that |plaintiff sustained injury as a re- sult of his reliance thereon. Appeal from the District Court of Morton county, Hon. Thomas H. Pugh, Judge. The defendant appeals from the judgment and from the order denying his motion for judg- ment notwithstanding the verdict or for a new trial. AFFIRMED. Opinion of the Court by Christ- ianson, Ch. J Hanley& Sulli- checks in relianee Messrs. Sullivan, van, Mandan, N. Dak., Attorneys for Appellant. Charles L. Crum, » Bismarck, N. Dak., Attorney for spondent. | | From Burleigh County State ex rel. Albert Thompson ‘and May Thompson, Petitioners. and Appellants | -v8.+ S. A, Olsness, Commissioner of In- surance of the State of North Dakota, Defendant and ‘Respond- i ent. ep | SYLLABUS: , . : (1) The duty of presenting’ elgims for losses payable out of the’ State | Hail Insurance Fund devolves .apon those sustaining losses, and where claimants neglect to present claims until after the indemnity sayy is ‘made (25th day of for a particular z ir October, under Chapt. 232, Laws of Chapt. 77, laws of 1923, Sec. 6; 1921, Sec. 7), the State Hail Insur- ance Commissioner may ‘not be com- pelled by manadamus to adjust such claims. (2) The indemnity fund for any year consists of the proceeds of a levy based upon losses previously ‘reported to the Insurance, Commis- sioner and exists prima) ly fe payment of such reparted los: (3) The sarpie fund, consisting of jany surplus dn the indemnity fund above the jount necessary to pay losses for a7@iven year plus the pro- ceeds of the flat acreage tax (Chapt. 232, Laws 1923, Sec. 6), is not an indemnity = for a revolving ‘fund, Appeal s+the District -Court of Burleigh County, Hon. Fred jus, Judes AFP I Opinion of Wiese hom ®, |, Al Me | by Birdzelt, J. Lemke & Weaver, Pach Attorneys” for “Appellants. | Geo. F, Shafer, Attorn and John’Thorpe, As: General, Attorneys for it. fend- f'| “ant and -Re SYLLABUS: The lessee under a | of |Dakota, Attorney for Defendant. From Divide F Henry Blank, Piaintitt aed. Appel- lant . hi Ba rf administrator of Fenton, De made without an authorized bid, and in the second, the certificates were issued withput a sale. 3. It was ‘not error to deny defend- ants application to amend the answer so as to include a tender of the costs the second foreclosures, such tender upon the part of the defend- ants would be a recognition of the lidity of the second sale, and in conflict with their contention that the sale was invalid. 4. Where deeds are issued on cer- tificates of sale in an invalid fore- closure by advertising, and the grantee takes possession of the mort- gaged land with the implied’ consent of the mortgagors he is mortgagee in possession and the mortgagors cannot have the title to said lands quieted in them without paying the mortgage debt. 5. Where a mortgagee in posses- sion offers to accept the amount of the mortgage indebtedness and cost of foreclosure on the date of the foreclosure without intere: without reimbursement for taxes” paid by said mortgagee, held, that upon the payment of the mortgage indebtedness without inter- est by, the mortgagors on or before the mortgagors are entit- led to have the title of said mo: gaged’ lands quieted in them, and if mortgagors fail to pay said mortgage indebtedness on or before said date, then the mortgagee is entitled to have the lands quieted in him, Appeal from the District Court of Dunn County, Hon. Thomas H. Pugh, Judge. MODIFIED. Opfion of the Court by Burke, J. faa Crawford, Cain & Burnett, Dickin- | son, North Dakota, Attorneys for Plaintiff. C. H. Starke, Esq., Dickinson, North ~—__—_——_+ | Programs From, | Radio Station | | KFYR, Bismarck | oO Monday, December 20 é 6:30—7:00 p. m.—Dinner hour con- cert. 7:00—7:05 p. m.—Christmas spirit talk, 7:05—7:15 p. m.—Weather forecast, market reports and news items. 7:15—8:15 p. m.—Musical program. Tuesday, December 21 6:30—7:00 p. m.—Dinner hour con- cert (studio program.) Artists: Edith Ramstad, pianist; Ruth Gordon, pianist; William Noggle, tenor; Adolph Englehardt, violin. ial rs. J. L. Hughes, accom- it. 700:—7:05 p. m.—Weather forecast, market reports. 7:05—7:25 p. m.—Studio program. 7:257-7:30 p..m.—News items. 7:30—8:30 'p. m.—Music program. Park River Man Named President Fatgo, N. D., Dee. 20—E. J. Taint- er, Park River, county agent of Walsh county, was elected president of the North Daokta County Agents agsociaton at the annual election of officers in the Powers hotel Satur- day night. Mr. Tainter succeeds H. R, Danielson of Ru; of County Agents|: ete tte on serene’ ie Pal ini ee eae ‘MONDAY, DECEMBER 20, 1926 i an absolute distance tariff and the 1 have ever recéived on u large class rate adjustment.” ty to “For two years,” ommitteg: of tr: a g 4 carriers not be authorized to make ase } 5 groups of points of origin the effect oy will be to disrupt the parity of class rates that now exist in the eastern. HL CT aie cis Srery ice ine ere {Revision of Entire Railroad tory, declared Mr. Powell. Rate Structure in Middle Final effect on intrastate rates may be quite pronounced, he said. If “West Looms it should finally be the decision of the interstate body that the inter- state scale adopted by them should Omaha, Neb., Dec. 20.—(#)—Revi- sion of the railroad rate structure of the middle west afd far west looms be used by states in western terri-| tory as a maximum and minimum scale the effect in some of the states will be to raise the rates very ma-} terially, possibly as much as fifty per cent in Illinois, lowa, Minnesota and Wisconsin, “Every effort is being made to agree on as many of the controvert- {as the Interstate Commerce Commis- sion and state public utility. bodies prepare for hearings on the western trunkline elass rate situation, the first of which will be held here Jan- uary 25 before the I. C. C. examiners. The largest cooperative case ever undertaken jointly by the I. C. C. and state ‘commissions, its discussions | | ed points to come up at the hearing, | Ch 0 as possible,” said the rate expert.! Minneapolis, shows that the last are oxpected to affect business of all kinds located in this region, in the “Shippers are cooperating’ and it- is/seale propeted by the carriers. would hoped that the record finally submit-| have the effect of rising class rates ted to the commission will be much | varying from 14 per cent in class one opinion of U. G. Powell, rate expert of the Nebraska Railway Commission, and a member of the rate committee more _compreh » than any they to sixteen per oat in cls ive. of the Natio: Association of Public Utility Commissions, The western trunk line territory has been autlined by the national commission to inclide Illinois, Wis- consin, the upper peninsula of Mic igan, “Missouri (north of the Missouri river), Iowa, Minnesota, Kansas, Ne- braska, South Dakota, North Dakota, Colorado (east of a‘ line, Trindad to Pueblo, Denver to Cheyenne) and that portion of castern Wyoming east of a line, Cheyenne to Casper to Sheridan. Its Effect : The effect on transportation cen- ters will depend to a considerable degree on how the I. C. C. applies whatever schedule of distance rates it may adopt from points of origin to destinations. There are now large group points of origin illustrated by the Chicago group which’ covers an extreme territory of approximately 100 miles in length and’ fifty miles wide. If the scale the commission ally adopts should be laid down as. Agreement he continued, ta ‘ic. experts repre- enting shippers western trunk e territory have conferred many times with the railroads in the of a that a class rate scale. might be agreed to and thereby Obviate the necessity of an order from the I. C. Cy The last scale of class rates pre- sented to the shippers’ committee by the carriers would have the effect of increasing raf@s from. the Chicago group to stations as far west as the Missouri river in different degrees jas between various classes. ‘ | “A study made, based on distances of 50 to 500 miles on 50 mile gradua- tion from Chicago to Kansas City, Chicago to Omaha, and Chicago to Your Choice of @ Radisson For Business Reasons IS JUSTIFIED BY EVERY STANDARD OF GOOD JUDGMENT Four Cafes 600 Guest Rooms Rates $2 Per Day. and Up Visit Our Flame Room ON SEVENTH ST, BETWEEN NICOLLET & HENNEPIN! gy. .-L, Oefstos of kota, county agent of Nelyon county, was chosen viee president, and R. CG Dynes, Wahpeton, county agent of Rich- land county, was named sceretary. The. aiicer® afb Mmod at she. | uh nual y night” banquet, mark d the close of the first day of a three day session. Thirty-two agents from 30 counties are in attendance at the conference. Meetings are being conducted today and Tuesday will be given over to individual ‘conferences between the agents al “F, Monroe, extension di vale di reetor. tia ¥ 8 extension de, ield. agents were ‘afternoon after a fal) mofni: SGdanty Agent Lenderaht “County Agen’ ership” Ramsewer, extension.disector. at th Uni of Towa: yj femonstrating by charts the valuc of cow ing associations to North a kot ers, A. M. Challey, field it In charge of dairy work, wu county nts to this branch of workin their -respestive terri- tories. rtment turday NewYork, Dée. 20—)—War debt settlements of the ‘United States are unsound ‘in principle, in the opinion feealty of pelitical science in University, should be prnational members of the faculty ex- pI their views yertartey in a statement endorsed by Nicholas Mur- » presid of the uni- i settlementsy the fac- “have creatéd.and arc ring ep sense of against us,” and’the hi ag wropean nations themselves ane be- Pecanstenbes nto, the « United ‘FT HE ARC | ‘TRIBUNE Send: reminder of your thoughtfulness.during the en- tire year to come. The Tribune brings the news:of all the world, with entertainment and features. It will brighten daily the homes of those dear to you. See subscription rates on The Tribune editorial page FILL OUT THIS COUPON, Send the Bismarck Tribune to Name “Address onan ences eee. months SOonoOnnon nnn ninnr tii iy site; trens! ° ' Pe Wed ly differentiate for civilian purposes and