The Bismarck Tribune Newspaper, April 11, 1927, Page 6

TOMORROW T0 SEE START OF | BALL SEASON Big | inal Many Transpositions ii League Lineups Since F Games Last’ Fall (By The Associated Press) The baseball heavens, swept clear winter's. clouds of will twinkle of the blue, unency in other con nond the winte known ferent patehe seasons of pert tions. who slept throug he dumbfounded the ge. | There will be some new lights up! there, risen to the first magnitude | fromthe milky way of the minors; | and th few of the bril i . would th yrotechnic} to disappear into the void! aseball players who have gone, | The Brighest Glow Perhaps the brighest glow will | from the Philadelphia Amer where such satellites as Ty | » Collins and Zach Wheat} after in oth a fifth of aj y Cobb. was the fixed star| which to all baseballdom meant De-| troit. Addition of these luming to the MeGillicuddy have made it the favorite of the pre- Statisticians in their guesses on the! American League finish. Other transplanted — stars will_be| found in the Giant group in the Na-| tional ‘League sector whe! rs | Hornsby and Eddie Rou moved from St. Louis respective! n Cardinals’ constellation : Frisch, shining from Hornsby’s Close s the mi der, right where he ar. | Tris Speaker, whose name is most often coupled with that of Cobb and} Collins as one of baseball's greatest, new patch of blue behind him r—the Washington club, ter Johnson at Washington and New York are fixed at break on again from hey have helped, make| famous. Athletics, Pirates Favored If managers are to be beliew there will be three or four penn winner c| ague, and no teams The Athletics in the especially good to with another Penn m, the Pi es of Pitt getting the call in the Na tionals. Weather predictions for tomorrow are more or less uncertain, although the word for the west was that rai would hi off until, about sundown tomorr The temperature will be moderately cool, the fore © said. CORBETT, ONC FAMOUS BOXING STAR, IS DEAD Fighter, Who Kayoed McGov- ern to Claim World Title, Heart Disease Victim nt Den April 11.) Rothwell, (Young Corb from obscure western cades ago to conquer “Terrible” Terry McGovern and claim the’ world’s featherweight championship, is dead. He fell dead in front of a theatre here yesterday from heart disease. He was 47 years old. Born in Denver October 4, 1880, he attracted attention in local amateur bouts before he was 16 years old and ed in three fights whirlwind campaign that kept him under the spotlight for more than 10 During the first three years majority of his fights were staged in western rings with an o bout in middlewestern citi November, 1901, he was matched with “Terrible” Terry McGovern, at Hart- ford, Conn. Young Corbett carried tthe fight to the hard ‘hitting Mc- Govern from the start and in the second round landed a right to the jaw that put the champion down for the count. As neither had been able to make the regulation feather-weight pound- age, then 122 pounds, a dispute im- mediately rose and Abe Attell claim- ed the title. Young Corbett then staged a series of fights in the east billed many times as “heavy feather- weight champion.” Both fighters en- tered the lightweight class in 1903 and, on March 31, the Colorado youth out McGovern again at San co in the 11th round. Young Corbett continued near the top of his division for the next two years, but apparently was losing his speed and power, Oscar (Battling) Nelson knocked him out in November, 1904, in the 10th round at San Fran- cisco, Corbett secured a return match which Nelson also won by a knockout. A series of no-decision fights fol- lowed in 1905 and the next year the Colorado youth had difficulty in fights with men he had often beaten. A six. round no-decision. bout with McGovern at Philadelphia October 17, 1906, proved his last major battle. With nearly a hundred fights be- hind him he attempted to come back for four years, In 1910 he virtually discontinued ring work except for exhibitions, when Willy Beecher knocked him out in four rounds at New York. Fights Last Night (By The jAgsociated Press) cl rt Knapp vs. Tony Saun- ders do i CUE CHAMP. DEAD scan , April 11—4)—Pedro be Mexican billiard champ, , de com| in com- tates a few ere une l, eae HOE s tennis ¢ but! S. usurped Helen \ singles at Chestnut Hill, } nexed the doubles in the sa was or Lee, 18) (center, he! on the outdoor double 2 (lower right) was umpire of that, they don't kno and ne tou low). Sparkling Colors Feature Chrysler Spring Offerings) | motor e: The new $ were which automob’ parkiing @ on the high-| er suc-| nd_ distine- | which nter of admiration their cars the | the national s the interesting s ly v origins names the new Sporting ev for inst sdorn family, W) re ‘ rs of the Chrysler een, Lenglen Green| wi » to he “60 anda | _ Among oth | English history, ancient and mod-| ted in the gre reen and ” model. Nature's tints are reproduced such. shades as Mallard and I Elder Green, Flamingo Carmine, P. ridge Cream, Fallowfield Brow Marine Blue, Desert Sand and O The popular of the Ch these nat hade of Box striped in| Box} is turesquely named, ine Chalet and Armory Gre bury, Bambalina, Peter and Trouville Blue Plymouth, Sheraton Grays. Chevrolet Sales Were Never Better An optimistic note on the spring business outlook in the automobile industry, discounting the ‘saturation and pointing — out ‘avorable conditions throughout the country, is sounded in a statement, just issued by William S$. Knudsen, president and general manager of the Chevrolet Motor compan “In forecasting a continuance of good business prospects for the; spring months, I am perhaps in- fluenced: by the aspect of our own! ales which have never been better the history of the company,” said Mr. Knudsen, “as evidencing automobile ng. this period, statistics i the United States’ Department of Commerce fi the last three years covering the months from January 1 to June are interesting, The figures for the years follow 1924. and steady growth in ‘ho 1926 |). ¥With these figures s generally, ness on the upgrade are only two reasons which could be advanced for a possible decrease. in sales—first, reaching the so-called ‘saturation — poi ond, a general decline in business produ ing a reactive tendency in b : “No one has ever been able to advance any reasonable formula for figuring the ‘saturation point’ The ‘two or more’ car trend is so pronounced that former theories are being constantly upset, If we know tthe total area which would be ocr cupied if aM cars produced) were runnine within that area, making it Vhat it takes to wield a wicked racquet they got noth right) although only 14, has all but winning the women's at Philadelphia three years ago, and Johanne, the Chestnut ON MOTOR ROW | \ cost per impossible fog this space to ac- commodate any more cérs, some | Wide conerete | | the level of the e: | louding of the new motor cars as national indoor | . 16 (upper left) an- One of their opponents , the eldest (ower left) with M rnament. Polly, 2 Hill matches. Outside woa ball from a net! | be available for fieuring But such tion i nd we the| int? for the future to uch the human} dit possible to open) hottle-neck of traffic con- r atur determ mind v ay show the activity opening-up} head of edule, With} irly mild, marked only in: spots, rapid acceler nd private con: indicated. : to e good weather and manufacturing rations generally are in excellent turnove r profits e industry hy our country’s bu his poliey can on ter fr traveler tis ina » buyer this bet ve nothin pects for the spring of 19 Whippet Economy Is Shown in Operation of ‘Hot Shot’? Squad y offic ing cost of a police how” squad of Whippets dis this fleet of cars is proving | the most ever operated by that = comparison and check-up was made with the opera- ting cost of two other fleets of well known light four-cylinder cars, also used in conjunction with the Whip-| 1 by stati f municipality r t s cost the city $46.92 month to operate. The ‘fi so show that the cost for| operating one of the other light four- ylinder fleets is $72.22 each while third fleet of light four cost] cach per month, This places | Whippet operating cost, $16.13 ir each month than its 1 and $25.20 less than the of the third fleet, investigation also disclosed | the various cars of the three 5 ¢ 4,050 miles each per! ves a mileage cost | ets us follows: Whippet, per mile; second fleet 0134 cents per mile; third fleet, 0185 cents per mile, These fleets ‘of cars operated by the Kansas City police - department are subjected to severe tests, being | in operation 24 hours a day and in the majority of cases they are pushed for speed and their stamina is con- stantly under -pressure. The ‘record low operating cost established by the Whippet fleet is cited Willys-Overland _ officials, not only as an indication of the fuel saving qualities of the Whippet but asa tribute to the sturdiness of the car under the most grueling tests. The fact that the Whippet operating cost is kept at such a low figure also is an indication that they are always ready for duty, never being laid up for repairs or adjustments. It is pointed out if Whippets were unable to stand up under the 24-hour grind the- operating cost would be on a par with the other two fleets on account of repair bills. The use_of Whippets by police de= partments has become popular in many other cities of the country where economy of operation as well as serviceability are required and in each case the cost of operation is found far less than that of any other fleet of cars in the same class. Dodge Brothers New Building Completed Dodge Brothers immense new’ fac- tory in which the company’s new line of higher priced-motor cara will be built is now completed and the hot s compil ouri ot ans o| 1 th: the that month, lor ine 0114 cents hanks are parabolic, designed for a | following positions: | vice, Washington, D. C. ; | mort Jagainst the premises in said mort- THE BISMARCK TRIBUNE ‘factory has been built expressly to provide facilities for the manufacture of the new cars. It will be one. of the most modern in the automotive industry and 1s said to be the longest building in the world used for motor car production, The building is a one-story struc- ture planned in accordance with the 1 t principles-of factory construc- tion, The machinery. will be. laid out to provide for maximum efficien- Cae nanuaeturing add assembling operations. Work on the new structure was started last year and has been push- ed at top speed throughout the win- ter that the building might be com- pleted and machinery installed early this spring. The giant building is located on Lynch Road between Mt. Elliott and the Van Dyke, adjacent to the Graham Brothers factory, Over 500,000 square feet of gloor space will be added to Dodge Broth- crs’ already immense manufacturing facilities when the new factory be- comes one of the company’s pro- ducing An important feature of the new Jant is the provision for handling oming and outbound freight. Two lines. of railroad track enter ithe factory ut one end and extend almost ngth accommodating 70 freight cars at one time, ding platforms. at quick unloading of materials and m as they have passed final test. long the side of the building is a conerete test track. is eighteen fect wide on the two stright-aways and slightly wider at the turns which are Th e speed of forty miles per hour at the outer edge. This test track will add greatly to the compan: acilities for road testing which ha: lways been a part of the final in- spection of Dodge Brothers cars. Civil Service Exams Will Be Given Here Open competitive examinations to fill vacancies in various government were announced today 1 Service Commission, through Alice E. Sales, secretary of the local board of civil service exam- iners. Examinations will be held for the Under’ multigraph at $1,140 a year, junior operator at $1,320 a year, mimeograph operator $1,140 “a year, Depart mental rvice, Washington. D. C, Minor ary assistant, Bureau of Labor $1,140 2 year; minor uboratory apprentice, Bureau of Standards, Department of Commerce. and other branches of the Depart- mental Service, Washington, D. $900 a year, | High-school wor! i emistry, or manual train- ing required. Assistant scientific aid at $1,500 a year, junior scientific aid at $1,320 a year, under laboratory apprentice t $1,140 a year, Departmental Ser- Examination includes chemistry, elementary phy- s and mathematics through dif- ferential calculus; physicist at $3,- 800 a year, associate physicist at $3,- 00 a year, assistant physicist at 00 a year, Bureau of Standards opefator lib and Bureau of Mines: technologist at | M floors facilitate | } }graceful chemical, and other special branches of technology. Forest fire prevention lecturer, Forest Service Department of Agricul- ture, for duty in the field, at $2,000 {a year; associate architect at $3,000 a year, assistant architect at $2,400 a year, Supervising Architect’s Of- | fice, Treasury Department. The salaries named are entrance salaries. Higher grades are filled through promotion. |. Full information and application | blanks may be obtained from Alice E. Sales, secretary of the local board |of civil service examiners, at the postoffice in this city. | Cast of 100 People | in Carroll ‘Vanities’ |. The great New York sensation, the | Earl Carroll “Vanities,” which’ has bably received more general pub- than any attraction of recent years, will be presented by the Joseph De Milt, Inc. at the city auditorium in Bismarck Wednesday evening, April 13, with a company of one hun- dred people. This stupendous attraction which scored an immediate hit at its ini- tial performance at the Earl Carroll theatre, where it enjoyed a success- | ful run of 65 weeks, will be presenti in all of its spectacular magnificence, with clever comedians and a bewitch- | ingly beautiful chorus, The performance opens with “The Rotisserie,” a charming numper, in- troducing a group of young and al tractive girls, handsomely costumed, possessed of excellent ‘voices and dancers. The featured comedians, Bert Swor, Lou Powers, and Dave Chasen, follow this num- ber in various’ extremely clever sketches, and contribute greatly to the amusement of the audience by their witticisms and quaint comed An unusually attractive number introduced by Louise Brooks, called “Fan, Shawl and Pearl.” Other notable numbers presented are e Gal of Roses,” Miami Skies,” “The Kinky Kids on Parade,” and the Grand Finale “Black Bottom Blues.” The score of the revue is very XB Previous installments of this story of an “ex-buck private” go- ing back to France as a forerun- ner of the “Second A. E. F.” told of the trip across the Atlantic to- day as compared with those of war days, CHAPTER V Paris-bound!—Zowie! Paris-bound! The click of the wheels of those first-class compartment (coaches is little short of musical. ‘On the sid- ‘ings you see those French box-cars —“Chevaux 8—Hommes 40.” May- be you fought for breath with about sixty other sweating or freezing soldiers in one of e story-book freight aps you came down through England to Romsey and hiked up that chalk cliff in Le Havre, with the perspira- tion trickling down back ‘of your ears. Or perhaps you came in through St. Nazaire or Bordeaux or Brest. Regardless, you knew the “40 hommes and 8 chevaux,” and intimately, too. They haven't changed a bit. Just 4s niee and roomy and commodious as ever. But how comfy an upholstered ‘seat feels! No uniforms greet the eye. The “Aussies' ith their independent Swagger air have left the scene. The blue of the Poilu is gone. Here and there you spot a villager with ‘an army blouse. There are*no in- teresting gangs of “P, G.’s” (Prison- ‘ier de Guerre, if you've forgotten). But all along the “chemin de fer” the scenes ate strikingly familiar. The stone houses, the fields, peasants working, the high-w! carts. Surely, | things haven't changed so very much, There's a “fe aid clattering along a cob- led street of a town in his wooden shoes and smock, carrying » pail, probably on his way to the epicerie to get some fromage. There's a white-bonneted old 1: gossiping beautiful and contains many attra tive melodies of a dreamy: alluring sensuousness, that have become very popular. HOW DO YOU FEEL ON ARISING? tired, weary bod: restless bed. Fo stimulant for the kidneys, constantly used over 25 years, are a reliable, valuable medicine that promotes heathful, normal action of kidneys and bladder. Cost little, contain no harmful ingredients. _ Satisfaction guaranteed. Ask for Foley Pills di- uretic.—Adv. NOTICE IS HEREBY GIVEN, by virture of a judgment and ein foreclosure, rendered and given by the District Court of the Fourth Judicial District and for the County of Burleigh and State of North Dakota and docketed in the office of said Court on the Sth day hy in an action where- Land Bank of Saint corporation was Plaintiff thew nd Zelia $3,800 a year, associate technologist at $3,000°a year, assistant technolo- gist at $2,400 a year, Bureau of Stan- dards, Department of Commerce, and| other branches of the service. Op- tional subjects comprise rubber, leather, paper, textile, ceramics, OF MORTGAGE FORE- CLOSUR! SALE. Notice is hereby given that de- fault has occurred in the conditions of thag certain real estate mortgage made, executed and delivers eksanter Eskelinen | mortgagor, to Farmers & Mer- k_ of Dris NOT as i s of Burleigh Coun- ta, on June recorded i rid mortgagee ment in writing on Api The Norwegian Lutheran ch of America, said assignment being recorded in said office of the register of deeds in Book 155 of As- signments on page 180, given to secure the payment of _ $3,000.00, which default consists in the failure of said mortgagor to pay the prin- cipal and interest’ secured by said mortgage when due, and the taxes Sage and hereinafter described, and that the.aaid mortgage will be fore- closed by a sale ‘of the said prem- ises at the front door of the court house in the city of Bismarck, Bur- leigh County, North hour of two o'clock P 5 16th day of April, 1927, to satisfy the amount due on said mortgage on said day of sale. The premises described in said mortgage and which will be sold to satisfy the same ure described as follows, to-wit: The South hglf of the Northeast quarter (S%j NE) and the North- rter of the Northeast quar. 4 NE}) and the Southeast ) of Section Eighteen One Hundred of Ranze Sev- y . of the 5th P. M. Burleigh County, North Dakot: That there will be due on said mortgage on said day of sale the sum of $6,103.29, principal, interest and taxes, besides the costs of this in Tees, Dated March 3rd, 1927. The Norwegian ‘Lutheran Church of America, Owner of Mortgage. Geo, P. Homnes, Attorney for Owner of Morpgage, Crosby, North Dakota. ¢ (First publication March’ % 1927) 4/7. 1-284 44-14 NOTICE (ov MORTGAGE FORE- LOSURE SALB. NOTICE IS HEREBY, GIVEN that that certain mortgage, executéd and delivered by E. P. Crain, P. N. Ped- erson, George F. Palmer and Ward Fritch, mortgagors, to Nels K. Aaker, mortgagee, dated April 17th, 24, and filed for record in the office of the Register of Deeds in and for the County of Burleigh and State of North Dakota, on January 3rd, 1925, and recorded in said office in Book "163 of Mortgages, on pa; 562, will be foreclosed by the’ premises in such morte hereinafter described at the front door of the Court House in the city of Bismarck, in Burleigh county, North Dakota, at the hour of two o'clock P. M., on April 19th, 1927, to satisfy the amount due pen said mortgage on the day of sale. The premises described in said mortgage and wh will be sold to satisfy the same are those certain premises situated in the County of tjand foreclosure and statutory attorney's Belg ©f| fo satisfy the amount due upon said corporation, re State Bank of Regan, North Dakota, &# corporation, and L. R. Baird, as its Receiver, Farmers Union Bleva- tor and ' Mercantile — Company, Regan, North Dakota, a corporation and Regan National Farm Loan As- sociation, a corporation, were de- fendants’ in favor of said Plaintiff and against said Defendants, Mathew Michelsen and Zelia Michel: sen for the sum of Five Thousand Five Hundred Fifty-one and 84/100 ($5,551.84) Dollars, which sald judgment among other things di- Tected the sale by me, of the real estate hereinafter described, to sat- isfy the amount of said judgment with interest thereon and ‘the costs expenses of such sale or #0 much thereof as the proceeds of such sale applicable thereto will satisfy, and by virtue of a writ of special execution to me issued out njof the office of the Clerk of said Court and under the seal of said Court directing me to sell said real estate pursuant to said judgment, I, Rollin Welch, Sheriff of Burleigh County and the person appointed by said Court to make said sale, will 1 the hereinafter described real tate to the highest bidder for ash, at public auction at the front oor of the Courthouse in the City of Bismarck, County and State of » proceeds of said sale applicable thereto will satisfy. ‘The premises to be sold as aforesaid and pursu- ant to sald judgment and decree and -writ are situated in the County of Burleigh and State of North Da- ktoa and described as follows te wit: The Southeast Quarter (gR%) of Section Twenty-three (23> Se ots Southwest Quarter (SW) of Sec- tion Twenty-four (24) Township One Hundred Forty-three (143) ‘Range Seventy-eight (78) ‘est, containiag Three Hundred Twenty (320) acres more or less, according to the Government survey thereof, 0” Dated afarch 5, 1927. ROLLIN WELCH, Sheriff Burleigh County. Ralph C. Morton, Attorney for Plaintiff, Carrington, N. Dak. (First publication March 7, 1927) 3/7 B—4 74-11 : URE SALE, NOTICE IS HEREBY GIVEN that that certain mortgage, executed and delivered by E. P. Crain, P, N, Ped- erson,, George F, Palmer and ‘Ward Fritel efnartkagors, to: Nels K. Aaker, mortgages, dated April 17th, 1924, jand filed ‘for recordin the office“of the Régister of Deeds in and for the County of Burleigh and SI -North Dakota, on January ind recorded in said office in Boo! of Mortgages, on page 560, will be foreclosed by'a sale of the’ premises in such mortgage and hereindfter described at the front door ofthe Court House in the City of Bismarck, in Burleigh County, North Dakota, at the hour of two o'clock P. M., on April 19th, 1927, ‘mortgage-on the day of sale. The premises described in said mortgage and which will be sold to me are those certain tuated In the County of urleigh and State of North Dakota and described as follows, to-wit: The Northeast Quarter ( Section Thirtyfive (35), in y at the village well mid a neighbor, Tt hardly seems possible that a few years ago this land was the scené of the world’s most sanguinary con- ict. The train clicks on. It's like a Very likely your kindeys control] dream—a dream that’s coming true. your answer. It is glorious to awake| You kick yourself to see if you're itigraph | Nith # lively, healthy, energetic body.| awake—if it’s all real, Then you It is miserable to drag an aching,| look out the window at the flitting . from a sleepless, landscape. And two signs meet your ley Pills, a diuretic] eyes: “CHOCOLAT MENIERF. “HEINZ--57 VARIETIES. Ah! There's the evidence. Now you know you're in France, The conductor comes through for the tickets, his satchel bouncing at his hip. These conductors used to have a very difficult time trying to collect fares from Americen soldats who were simply riding on a pass. He is voluble, On the ledge of the car window is a sign: “It est dangereux de se pencher en dehors,” which is the French way of en “Pull in your neck.” And on the window of the compartment another: “Non Fumeurs.” You can't smoke but you do. Dinner on the swaying diner is excellent, served by black-frocked waitresses. And not expensive—25 francs. Now a franc is-—let’s see— it used to be 5.20 for a dollar—now 25 for a dollar—that means that worth It just takes one LaPalina cij to demonstrate the wisdom of th: great mass that daily smoke over.a ship One Hundred rey North, of Range Seventy-eight (78: West of the Fifth Principal Me- Burleigh and State of North Dakota and described as follows, to-wit: The Northwest. Quarter (NW%) of Section Thirty-five (35) in Town- ship| One Hundred Forty (140) North, of Range Seventy-eleht (78). West ‘of the Fifth Principal Mer! jian, : There will be due on. said mort- lay of sale, the sum of Two Thousand Three’, Hundred Thirty-four Doi of foreclo Dated M ), and the fe end oa el 3 NELS K, AAKER, 0 sts Mort bi) tps ITCHIE & HAN work of installing machinery is being rushed as rapidly as possible, The | torneya for Mortwagee, Valley City, North Dakota. (Firat publication March 14, . 8/14-93-38—4/11-18, ‘and ” Beventy- | ©°, ridan. There will be due on sai@ mort- gage on the day of sale, the sum of T ousand Three Hundred ‘Thirty- Dollars and Seventy- nine Cents ($2,334.79). and the costs st are! D NELS K.’AAKER, Mor: MBS, RI’ Hehley Cliy, Nowe Dakota, 4 y City, No (irst publicati ‘M4, 1927) 3 Piva evi ae the heeled! MONDAY, APRIL 11, 1927 B PAUL MS © NEA Service \four dollars when it used to worth almost $20, Darkness has fallen. . Lights gleam. The train slows down. A shout: “Par-ee! Par-ee!” The cars clank and groan. Brakes grind. The station is brilliantly lighted. Blue-clad porters rush you. Baggage is passed out of the wi dows. The fish-horns of the taxic: drivers—and you begin to try to re- call the French words you knew dyr- ing the war... . . “Combien” . . +. “Promenade” . . . Ah! It’s a thrill. TOMORROW: In Paris Again. — | SUPREME COURT | ¢—__________+4 FROM BURLEIGH COUNTY. Jacob L. Jargula, Plaintiff and Re- spondent ovs.- Philopena E. Bobb ad Fred E. Bobb, Defendants “and Appellants Hughes Electric Company, a corpora- tion, Garnishee. SYLLABUS: 1, The right of a debtor to claim additional exemptions as defined b Section 7731, C. L, 1913, as amended, may. be asserted either under Section 7680, C. L. 1913 by answer in a gar- nishment proceeding, or under Sec- tions 7733 and 7738, C. L. 1913, as amended, by claim or demand and schedule after levy on execution or under warrant of attachment. These two methods of asserting the right are'wholly independent of each other. 2. Where a defendant in a gar- nishment proceeding defends under Section 7580 upon the ground that the indebtedness of the garnishee is exempt, it is not necessary that he be set out in his answer or by schedule a statement of the other personal property owned by him as required y Section 7733. rel from the district court of| Burleigh County, Hon. Fred Janson- ius, ns . REVERSED. Opinion of the court by Nuessle, J. F. 0, Hellstrom, of Bismarck, At- torney for Defendants and Appel- lants. O'Hare & Cox, of Bismarck, At- ie i for Plaintiff and Respond- ent. FROM FOSTER COUNTY State of North Dakota, Plaintiff and Respondent Grace E. Phillips, ellant. SYLLABUS: In a prosecution for assault with a dangerous weapon, where the jury returned a verdict finding the defend- ant ‘guilty of assault and battery, it is held, for reasons stated in the opinion, that it was prejudicial error to permit. an important witness for the defendant to be cross-examined in such a manner as to chi by in- nuendo that he had rendered im- Proper services in connection with other trials and that he was in at- tendance upon this trial for the pur- pose of rendering similar improper services by way of influencing wit- nesses and jurors, ites Appeal from the District Court of Foster County, Hon. J. A. Coffey, Judee. REVERSED and New Trial Grante: Jefendant and Ap- Opinion of the Court by Birdzell, Ch. J. Dudley & Nash, Minot, N. Dak, Attorney for ellant. J. J. Toungbiped: State’s Attorney, and W. E, Matthaei, of Counsel, Fes- senden, N. Dak. Attorneys for Re- , spondent. FROM BENSON COUNTY L. R. Baird, as Receiver of Farmers & Merchants Bank of Leeds, North Dakota, a corporation, Plaigtitf and Appellant ~ “v8. The A. L. Johnson Company, a cor- poration, Defendant and Respond- ent. SYLLAB' In an action brought to recover damages for the conversion of grain, it appeared that the plaintiff was the assignee of a contract for the purchase of the land upon which the crop was grown and the defendant the owner of all the grain until the delivery of one-half thereof to it. The defendant filed a counterclaim based in part upon the payment of taxes on the land, which, under the terms of the purchase contract, were required to be paid by.the vendee, the contract containing no stipulation pki? the amount paid by the ven- dor a lien on the crop. It is held: (1) In a suit for conversion the plaintiff must succeed on the strength of his own title, (2) Where it appears in the an- awer that the grain was raised under the terms of a cert: contract bind- ing upon the plaintiff und the de- fendant, a cause of action arising out of such contre-t is ane “conn>-t-4 With. thé subject of thq Action™ Wes seay va Me Om pileu of 1913, defining the requisites of a counterclaim, (3) For reasons stated in the opinion, the cancellation of the con- tract between the plaintiff and the defendant was without prejudice to the rights of the defendant alleged in the counterclaim. Appeal from the District Court of Taeen County, Hon. C. W. Buttz, iu FIRMED. ‘ Opinion of the court by. Birdzell, Traynor & Traynor, Devils Lake, N. Dak., Attorneys for Appellant. L. L. Butterwick, Minnewaukan, N. Dak. and Sinness, Duffy & Wheeler, of Counsel, Devils Lake, N. Dak., At- torneys for Respondent. WEBB BROTHERS Undertakers Embalme: Funeral Directors Licensed Embalmer in Charge Day Phone 246 Night Phones 246-887 Capital Funeral Parlors 216 Main Ave. Licensed Embalmer Phone Day or Night—22-W Jos. W. Tschamperlin Prop. ar e million La Palinas-have powtried one? ‘In a large variety of popular ciees and shapes from tdcité 8 for SOc | CONGRESS CIGAR ‘COMPANY, Iac., Philsdelphis, Pe.