The Bismarck Tribune Newspaper, May 20, 1927, Page 12

MALE HELP WANTED WANTED—Ekperienced — secountant| capable eee taking fo charge Bi _ nd" assist and’ assisting pexinced o mandger. None but ex men ‘need apply reterenens eompany finet letter, Write ‘rik, une A bers at. tree, ._St. Louis, Mo. iret class painters. See mn hh First -Aye. N.. Ep) WANTED—Middle-aged lady, a housework 6a. farm. No Anldren. Ten miles southeast of Bismarck. Write Paul Lenseen or Phone after 6:30 p.m. vacuum ‘cleaner. sewin, 7 Faerie | ae im good condition. Call at 80’ Foe Rea piano in “excellent condition. Will sell reasonable. Phone 599 or call ot ~~ ‘Third st.| 287 Hous rurniture.| He8Fes- at 318 Ave. B Very reasoneble. FOR RENT: Piano in exceilent coi dition. Phone 442-M after 6: -_ SALESMEN SALESMAN WANTED—Tho sota Woolen Co. needs with cars; an opportunity to connections with a reliable hi » selling guaranteed first quality merchand Complete line of spring its for the <r F equipment ties noel nec For complete ‘in- formation ‘write G, G. . Neumiller, Colcharbor, N. D., Box 141, MANHATTEN jen Mills offer ‘exceptional opportunity to men who ill sell their high grade, merchan- ae io consumer. No investment may work your home carte way desired, For information write Box 201, Grand Forks, N. D. ROOMS FOR RENT FOR RENT—Three farnished rooms for light ponte car os ot floor, modern house. bint corner Eleventh ieek Phohe 129. FOR REN’ a oO nicely furnished light a eke pat Ptdetd lle \d fidor, wi! Bhone Sri ‘or call at (QB Pitth _ street. Minne- sale: tin FIyE ROOM | moder modern NO MATTER what name-vlate on th good nanie of this every rebuilt car we reputation is pledged to the satis- faction of the purchaser. You can buy this or any of the others on our floor with: confidence, “Rebuilt Cars With s Reputation” Lahr Motor Sales Co. » APARTMENTS | FOR RENT—Ong apartment in the «Rue apartments, mod rooms with bath, frigidai: and. electric ae all at 711 Ave. A or Phone 697. FOR RENT—During June, July and August, furnished four room a ment on und Roy Neff, 710 enth street. ‘Phone 357-4. FOR RENT—Three room unfurnished apartment with private bath, farther information call at 6 Seventh street or Phone 442-J. APARTMENT TO SUBLE' ‘une ist or 16th to Sept. ist. rnished, living room, bedroom, kitchenette and bath. Person Court, Phone 993-M. FOR RENT—Strietly modern fur-| nished ant R *216Third street. Phone on ground floor, p Call at 422 Fifth street. RENT—One large sleeping room suitable for two. Gentlemen pre- ferred. Call at 517 Seventh street or Phone 981 oe oe Hight hbuscEcoping etth private ‘or yu ing pthc Rea: aaely oeldad: Phone 422-M. FOR RENT—Nicely furnished sieep- ing room, in-modern home. ity Hs 114 West Main or Ph FOR RENT—La \ modern home, Call at at a6 Sec Second __street_or Phi FOR TEM Taralohed-oeen in modern home. Glose in. Phone _ 844 FOR: “‘RENT=Forniated rooms, close as a Fourth street. Phone 627-R. AUTOMOBILES R E: 1926 Ford Coupe, run eetont 1600 miles and in ‘Ai condi- tion. $490,00.. Call Miss Schaefer, 1114, - ¥ HOME LAUNDRY’ FIRST CLASS work done. ‘Shi: “specialty. Also family wae ings taken. fval i remeres i tae ee: sBui 2 ae hve k West. Phone 1: ine onc ROOM FOR RENT FE wie! to'F. A Knowies, FOR RENT—Furnished or unfur- nished apartment at the teins Fla Phi 173. mansee oa =a a5, } Wosdmanses: at aturphy Apt Pho FOR 1 TENT Ens ishe iighenette Hazelburet.- ad For eEn= T—Modern Ap Tgartat. at. L.| Thompson, Phone is STRAYED lack Iding, thi rand on Strayed from Hi ship.~.Notify Wm. C. Small, maref,. N.D._ Phone 7-F-5. 2 ldfisid Balloon tire and rim for Ford size 440 x 21. Owner may have same by paying for thi on Address 318 Second Ave. W,, Dickinson. . TAKEN UP‘ det. black mare, strayed, found and fed on- section. No. 2, north of ‘Feoms | Menoken. wae further information, ery | call’ on \ F. Erlenmayer, 423, Third pe , Bismarck, N. Dak. infurnished Apts. at| FO! rap Gale” bungalow, 2 eat front, near. achool, cate ‘new homd with: several it. i aja fot: $5260, on nine ROOM. modern: ‘house, includ- ing 6 bed gd rd wood floors, hot ite ment parti- tioned otf, saucy laundry tubs, fire-plave, de le. gaTeee; close in, fine = Fare trees, for $6500, on FIVE ROON modern bungalow, 2 bed floor: rage, ol rive’ ibe RO OOM modern hosse, 2 ae rooms, full basement, fine front, desirable location, clo: in double garage,.fine trees, for $4000, on terms, MODERN “aie on fine 50 foot lot, clove in, gai Bad eet con- rainy fort: cee terms. “modern beogslea, H basement, 60 foot lot, Spa f yi chool, desirable for $3200. on term: SIX ROOM mod house, 3 bed e, south front, ‘rooms, 3 stall le at $2650, 75 foot al lesir ) on liberal te: 2 é ‘ building lots for le. “ is ALSO ‘leatcablo GEO, M, REGISTER, om ienced wants wo in closing, and reopening financial statements, provit loss statements, tax returns. Bernard Lam Pho 1017." a us. Feat oh ROUND? At one tinge 1GNa ot ‘of-people believed that; the BARTH was flat. A few think- ing ing people believed ‘it to be ROUND. Jeet lions said‘that the Jew wore | cresy. tical; a die. doctors ‘bal siisr ee eat | ically all the rs at diseasea ‘can be cured ye seach | ing SYMPTOMS with a with Pils, Hatt pus, poisons and| dad doctors, among f Maciachh » have oeertes | from the fog of superstition and | DOGMA feng realize that all Giscaae ig seaused 5 ST circulation of TOXINS or POISONS in the blood id cells of the body. These poi- sons are the result of BAD LIVING HABITS. Dr. MacLachi: knows that in order to cure the sufferer the POISON, which is the CAUSE of the disease, must be removed from the body ed Pbdgket the sick person mus tte LIVE CORRECTLY. * this is done the disease will DISAPPEAR of: » own accord and the patient will b CURED. Reasoning, inte! eee people, ell over the U. 8. A., seine tio el Ree i ‘sjatem fares is aAateEtr to the NEW NA’ TURAL BY: racticed in the Clinic of De Mac: ‘hian.. He cures without the FE, by Natural Methods, mild herbal, vitamin remedies, scientific individual diet and health rules. GET ON THE ROAD TO, HEALTH. clinic of Dr. T. M, Mac- lodest fees within the ‘Manes 6 Dake 6-8, FOR SALE—Choice imported German Rollers, German Chi id Hartz Mountain, also rs. Cages, seeds, treats, e 116-3. ce Bull, Dickinson, N. Tnds of seed and eating ro, of good varieties. Phone or call at South Side Grocery, corner Eleventh and Sweet street. ‘Ashes Hauled ALSO BLACK dirt and fevtilizer, the best in the city. Phone 977-J. T. Burch. ALE— 1025 “crop Choice quality $2.75 bushel. Alex Macl Missouri, Township, MIDDLEAGED us housekeeper on a farm. Tribuni No. 96. Hol FOR SALE—Two apartment modern ‘bungalow, 9 (one 4 and one 8). -Hot water gas, electricity, maple floor, fir finish, full bi ment, double heated gar ‘and trees. Ideal home income at the FOR RENT-—New six room bange- low, all modern and just ready for occupancy. Also garage. Call at 318 Ninth street, FOR SALE—Modern cottage, well lo- cated, 50 x 150 ft. lot. Price rea- sonable. Phone 868 or call at 417 jt n modern flat, gag,.sto' She Fa Ana Call a aot aye "Ave. West or Phone ta - FOR RENT- modern fl a! ‘at 215 "Touts street after .m, For RENT—Mc 123 Third street or: Phone 68 il my PEP after an opera- tion. Am now sorry I was operated on for I have learned that ee and every one of our organs w: 1 to us by GOD for some usetul pur- Dr. MacLachlan cures dis- of the tonsils, thyroid (goi- gall-bladder, appendix, ras: tate gland, etc., ete., the Grand . Commander’: Badge between Pattérson’s’ Hotel | “and Mgsonic Temple. Finder please ? return to O. B. Bowman at Bowman _ Furniture. ili on Broadway, Finder kindly return to Tribune. Reward. i MONEY TF YOU have some jewelry, furniture, or other personal property upori which you wish to realize some money, see us, SECURITY FIN ANCE’ ASSOCIATION, street. Tel, 250. ,2|Mid-Month Crop and | di bea Bi eaqerns laying at four m Full Sine feeds, supj iF to eight-weeks-old lively, priced right. try & Chick Farm, ae ingtons, ri Orpingtons, ‘Brahmas Ie; asserted! 9c, all keavy 12c. June Catcxs: Loehoras 1c, heavy breeds 2c less. chery, Fergus Falls, Minn. hatched: Incubators, coal and’ oi brooders, Globe feeds) . teeders,| lagers violet- y Slane, | ‘Temle-| 5, Everything for the’ ant ‘bee man. New rice list cotnlote N. D. Bee Hatchery AY paBy aguiens ee ghorns, Becks, Re wie $15; Wyant ingtons, Minorcas Path All other. varietiés. pt shipment. Ninth --ennual. - eatalog! free.” Rust's Hatchery, Dept. 2! Fargo, N. D. free! Co,,' Livestock Summary The first two w of May were marked by abundant to excessive pre- cipitation, rain and snow. On May 9th 15-foot snow drifts along highways in the northwest stopped all vain little headway since ¢ month, epeeerones have ranged below pe and growth of pasture grasses, hay and fall sown crops has continued slow. pbaeeant supply of moisture, Ecnerelly, and rtation for a time. jas made vet a first of tl juence the eral condition of all t ef crops ‘and re is gobd. a Unusually eae spring has hd back farm work so that much con | ie originally intended to be to wheat will bé@ sceded to thee cto bey Pe middle of May faye abou: fourths of crop land intended ior ‘wheat had been seeded. As a result, the acreage secded this | difficulty. 106 Third | Kl state caused heav year will no doubt be decreased from that of @ year ago instead of an in- ated ‘in the Prospec- rt of March first. crease as es tive\ Acre: About two-thi ‘acreage, and approximately three- of intended | <5 esha A "A Promising Youngster ' “ytime it ‘was executed. Jesse Lasky says that Louise Brooks (above), “who has seen appear- ing in vampire and Spanish roles, is one of the five best junior stars now acting for the screen. fourths of the barley ies re- main to be seeded, Apparently no great difficulty has | been experfenced in securing seed wheat this season, though the qua of the seed used may be below ave difficulty has been © ced in securing barley, oats ‘orn for seeding purposes in alt ctions of the state; but no great ing plowing was about completed to the middle of There is considerable varia- tion in the different districts of the state depending mostly upon the amount of rainfall. The smallest amount of plowing had been con pleted in the east central and north-| ast districts, the most in the west} entral and central districts. i} arently much of the land in i north Dakota originally intended for ring wheat will be seeded to bar- ley. Oats acreage will probably not be greatly changed from that of a year ago. Corn acreage may be in- creased, Condition of livestock to May 15th showed practically no chan, the condition reported the first of, 8 the month for the state as a whi The severe temperatures and h snowfall in the vy art of the y es in a few isolated instances where stock had no shelter, as the-general condition of North Dakota livestock is poor to fair especially in the range At the present time there seems be no indication of a decrease in the total crop acreage. Though rather late for wheat seeding, there is plenty of time for seeding of other spring crops, and if the weather remains normal for a week or two, most of seeding can be carried for- ward to completi Husband (to wife who has been shopping): What do you want with a new frock? Wife: How thoughtful of you, daflingls: Of consent Wik a (oe to go with it—Punch. aun KAO MOTUS V of a physician, and tn° sych case,’ if the communications received, or heard. from a patient, and are neces sary to enable the physician to scribe or act for the patient, Seer the privilege extended to the physi- cian applies equally to the nurse, such communications are . priv! A general objection to tl te timony of a nurse is not sufficient,| 50n, the objection should be made to each question calling for privileged in- formation so that the court can de- termine. whether or not the informa- tion was acquired by the nurse while assisting the physician. 8. In an action tried to’ a court, unless it appears otherwise, it presumed that the court considered only the competent testimony in making its findings and conclusions. 9. No unfavorable inference can be drawn against a party to an ac- for objecting to the testimon of a doctor, on the ground that such testimony is privileged, nor for the fuilure to call the doctor as a wit- ness. For reasons stated in the pinion it is held, that the plaintiff has faNed to establish by a pre- ponderance of the evidence that the grantor in the deed was not mentally competent to execute the deed, at the Appeal from the district court of Cass county, Hon. M. J. Englert, judge Reversed. Opinion jof the court by Burke, judge. Christianson, judge, dissenting, Lovell & Horner, Fargo, N. D. Me; Intyre, Burtness & Robbins, Grand Forks, N. Di and Wood and Breav, Fargo, N. D., attorneys for appellant, Shure & Murphy, Fargo, N. D., at- torneys for respondents FROM SQUTSMAN COUNTY erbert N. Croonquist, Plaintiff and} Respondent ovs.- William Walker, Defendant Margaret Walker, Defendant and Ap- pellant, SYLLABUS: (1) Under the provisions of See tion 7845 of the Code requiring pro. ceedings to be had within. one y from the date of an order in Supreme Court, and returning the case to the District Court for further proceedings, the term “proceedings” means any ‘step taken, and required to taken, to bring the case on for jH al. (2) The service of a notice of trial, the placing of the case on the calendar for trial, and the subse- quent stipulation of the parties to continue the ov subsequent ms are “proceedings” within pus- ‘SUPREME COURT oR From Cass County Edward A. Meyer, et al, Plaintiffs and Respondents vs. Horace G, Russell. Defendant and Appellant Sy! Helper . Impairment of the faculties by « sae or old age will not invalidate d, the grantor fully meaning und ef- to exercise his Under section 5495, compiled ws of 19 “A grant takes effect so as to vest the interest intended to be transferred only upon its delivery by the grantor.” * ‘ Under section 5496, compiled * ws of 1913, “A grant duly executed presumed to have been delivered at 5497, compiled grant cannot be de- livered to the, grantee conditionally. Delivery to him or to his agent as i lute; and the thereupon, ion on which section discharged the delivery was 5. When a thoroughly explajnéd who states that", terms of the de ing the major her husband band have a is read and id to a grantor she is deed- ' property to he and her hus- anding that the property is to be deeded to him, and that is what she nts to do; and after the deed is signed, witnessed an@ acknowledged she is asked, if the deed is to be delivered to her husband, and she said the deed is then handed to her hus- band in her presence, who put it in his pocket and pays purt of the con- sideration at the time, there is a good, valid, unconditional delivery of the deed. 6. Communications to a nurse are not privileged under subdivision 3, section 7923 compiled laws of 1913, unless they are made when the nurse iveacting as the assistant or agent "M4. GOODNESS! I WEVER Saw, SO.MveH BUTTER ~ THis REMIN: iOS ME — L was vo GET SOME on My, be, WAY HOME + OH, IS HIS ~ ~—— By Taylor| WELL — POP. SAD WHATEVER Is OURS — NO HARM IF L TAKE A CouPLE e‘uniderstands the | 5 d}ant waived a preliminary exami view of Section 7845 L. 1913. (3) Where such “proceedings” have been taken against the defend- ant, the defendant cannot invoke the of Section 7945 requiring «) Where the complaint shows a cause of action against two or more defendants. whi defendant, is Jointly and severally the di missal of the case pols one fendant under the provisions of Sec- tion 7845 does not necessarily re- quire dismissal as against the other| defendant. Appeal from the District Court of Stutsman county, Hon J. A. Coftey, AFFIRMED. Opinion of the Court by Burr, J | Griges of a check the holder accepts a drat fe py eeae “thereof ‘the check is-pnid the drawer thereof discharged a tte all Wi od thereon. ent of the disthlet coun of inty, Lowe, J Opinion of the court by Christian- McGee’ & Goss, of Minot, N. Dak, fand A. Ueland, of Minneapolis, Minn. Attorneys: for Appellant, E. R. Sinkler and G. 0. Brekke, of Minot, N. Dak. Attorneys for Re- spondent. FROM ROLETTE COUNTY ° Rolette State Bank, # corporation, Plaintiff and Appellant “V8. Rolette County, « body sorpanala, anti and Respondent. SYLLA! 1, 4 raeeuhe stated is an agree- ment between partics who have had previous transactions of a monetary character, that all the items of the account representing sugh trandac- tions, and the balance ‘struck, are correct, together with a promi press or implied, for the pa of such balance. 2. An account cannot be stated against a county by the infornial quiescence in, assent to, or acknowl- edgment of the account by the gev- eral members of the board of voanty commiesioners. In order to bind the county there must be formal action on the part of the commissioners as a board, and a record made of the action taken, Appeal from the district court of Rolette county, Hon, W. J. Knecshaw, Judge. AFFIRMED. Opinion of the Cout by Nuessle, J, John A. Stormon, of Rolla, and Keohe & ‘Verret, of Cando, Attor- neys for, Plaintiff and Appellant, J. McLennan, of Rofla, and J. C, “Anamuon, of Devils Lake, ‘Attor: s for Defendant and Respond- be FROM GRIGGS COUNTY Julia Keogh, Plaintiff and Abpel- jant Great West Life Nesutande Co, corporation, Defendant und Tte- sponden SYLLABUS (1) When a party to an action is precluded by the rulings of the Court from cliciting desired mony from witnesses and mal offer of proof, such offer of must be comprehensive enoug! cover all of the issues in the not admitted by the answer or 81 ported by the testimony of a wit- ness. (2) Where such offer of proof contains competent and incompetent testimony the Court is not required to separate the competent from the incompetent but may sustain an ob- jection to the whole of the--offer cause of the incompetent testi- mony which it contains, (3) The record examined and it is 3 an root to .|found that the offer of proof made in this case did not cover all. of the allegations set forth in the com- plaint which were not admitted by the answer or supported by. testi- mony of witnesses, and the motion of the defendant for a dismissal of the action was properly sustained. Appeal from the District Court of county, Hon, A. T,.: Cole, S. E, Ellsworth, of Jamestown, N.| Judge. D.. Attorney for defendant and ap- pellant. vames Morris, of Carrington, W. D., Attorney for plaintiff and re- spondent. FROM. MCINTOSH COUNTY State of North Dakota, Plaintiff and Respondent Aaron Sukut, Defendant and Appel- jant. SYLLABUS: 1. Where proceedings _were brought before a Justice of the Peace under the Uniform Illegitimacy Act, Chapter 165 of the Session Laws of upon complaint of the mother of the child whose paternity was in- ol @ warrant of arrest is- sued, it ‘was Pro! a to entitle the roceedings in the name of the tate; and the District C ‘ourt proper- ly overruled a demurrer to the com- Plaint thus entitled. Where under the state of fact as hereinbefore stated, the defend in before the Justice of the P and was held to answer to the Di tritt Coust, and the said Justice did not thereafter have any testimony taken and reduced to writing, there was no error in the refusal of the District Court to quash the proceed- ings because no examination was reduced to writing. Appeal from the District Court of McIntosh county, Hon. Geo. M. Moell- ring, Judge. AFFIRMED. Opinion of the court by Burr, J Arthur B. Atkins of Napoleon, N. D., attorney for defendant and ap- pellant. Franz Shubeck, of Ashley, N. D,| attorney for plaintiff and respond* ent. ¢ FROM CASS COUNTY Peoples State Bank of New Effin ton, South Dakota, and i Hendrickson, Plaintiffs and) Re- spondents, First State Bank of Walcott, North Dakota, Defendant and Appellant. SYLLABUs: In an action Yer money had and| received, or to recover a fund alleged to have been paid by a plaintiff to Hin oun where the ‘defendant application of the fund upon indebt- nies owing age one plaintiff to the defendant, it is held, f for r stated in the geinion, that no error ted the trial of the pp istrict Court. of ‘Cass ast county: Hon. A. T. Cole, Judge. Spiaton of the court by” Birdsell, | Purcell & Baer and C. J.-Kaehel- hoffer, Wahpeto: Dak., Attorneys oe Appellant. counterclaim asking specific in Divet, Holt, Frame & Thorp, Fi N. D,, Attorneys for TRerpoudent,=” | S208 FROM WARD Cc. Le Berg, Plant a and yp ee en : udge. ‘AFFIRMED. Opinion of the court by Burr, J. Sad & Duffy, of Cooperstown, N. D., attorneys for appellant, Murphy & Toner, of Grand Forks, N. D., attorneys for respondent. FROM WARD COUNTY Ethel L. Conklin, Plaintiff and Re- spondent, “v8. Frank W. Sampson and Stein S, Johnson, co-partners, doing busi- nesa under the firm name and style of City Bakery, and; Alvin Helseth, Defendants Frank Sampson, and Stein Ss. Johnson, co-partners, doing .busi- ness undey the firm nume and style of City Bakery, Defendants sind Appellants. ‘\ The evidence is examined and held sufficient to support the verdict. Appeal from the District Court of ae. county, Hon. John C.. Lowe, ud; ‘AFFIRMED. Opinion of the court by Birdgcll, Ch., Judge, Lewis & Bach, Minot, N. Dak;; and C. J. Vogel, Fargo, N. Dak. Aitor- nevs for Appellants. B. H. Bradford, Mihot, N. Dak., Attorney for Respondent. NOTICE OF MORTGAGE FORK- cron SURE SALE. DEFAUL having occurred in t conditions of the Mortgage heréi gfter described, NOTICE 18 HEL BY That that — certal eee executed and delivered vy John Larson and Anna Larson, his wife, as mortgagors, to Pi wi: Remington, as mortwagec, dated the 27th day of April, 1921, and filed for record in the office of the ‘reg- ister? of deeds of the county. of, Bur- leigh id state of North Dakote. on the day of May, 1921, o'clock A. Marea duly Rs Book 108 of ort which morigabe was there signed to ‘Mary H. Corwit,--by a instrument in writing, dated the ath aay. of May, 1921, and filed for rec- a ae fice jot register, of th da: 1927, at nine o'clock A i, corded in Book ite ments, on page 371 weitte ‘be To! closed by a sale ofthe i untae such mortgage and hereli & seribed at’ the ‘front adobe ‘ott fro count of Rl es Me o'clock. June, 1927, satisfy, the amouht a on tush mortgage. on the: date ofahe premises deserts mortgage at ie Doe nine He we nine gare gt ihe Limes pia The 1 Federal i Renatre oye of. Mine : ae ie cheek will be.