The Bismarck Tribune Newspaper, January 25, 1928, Page 3

THE BISMARCK TRIBUNE uy on exhibit is unugual!y hich, | Schalk, he.d of the state college! WHY EVERY USER BECOMES A '. Miesen states. veterinary devartment, will be the FRIEND A special display. which is attract- | principal speaker, telling of re de- ing much attention is that of various | velopments in the control uf poul- species of wild game which was try diseases and especialy regal brought to the show by Erickson | ing tl are of turkeys. Mr. Weis- Brothers of Wilton, who are the |ner will also conduc’ a poultry vners of a wild game farm. Wild | clinic. Several reels of motion pic- ducks and wild geese of all descrip- tures furnished by tie International tions are included. ‘Harvester company will be shown. Judging started this morning | A reorgarization of the Slope Poul- with O. J, Weisner of Fargo, poultry | tr: ociation, which has not been specialist at the state agricultural | a i college, in fyll charge of the wo | wi Many people from out o- the cit hose wishing to attend the who are interested in poultry are | ner meeting should get their tickets |here to enter their Sirds and watch |from Mr, Miesen at the poultry the judging. | show not later than tomorrow morn- WEDNESDAY, JANUARY 25, 1928 ” Taree aE SATESIPRENE (Hiny PUBLIC INVITED TO VISIT POULTRY DECISIONS OF STATE SUPREME COURT | PUBLIC INVITED TO VISIT POULTRY. FROM CASS COUNTY by failing to comply with the statu- The State of North Dakota, Plain-| tory requirement essential to a valid tiff and Respondent contract respecting such undertak- “VE.- Daniel .C. Darrow, Defendant and| Appellant. 1, The grgument gf counsel to the jury is a part of the trial and requires the presence of a judge to control and superintend the con- duct of counsel, jurors, and spec- tators the same as in any other “Never has any other cough med- icine acted so quickly and satisfa torily as Foley’s Honey and Tar Compound; and it gives complete satisfaction to friends who use it on my recommendation,” says J. D. McComb, Toledo, Ohio It spreads a healing, soothing coating in an irritated inflamed throat, stops coughing, raises phlegm easily. No opiates to cause constipation, no chloroform, no “dope.” You take no chances with cough or cold wher you buy Foley’s loney and Tar ; Compound, Ask for it.—Adv. taking is a supersedeas undertaking entitling the appeallant to a stay of Cocke eee gpplicetion as a trict Court of Stark County ststain-| Stay, of execution need be made to ing an pare Ge to, te introduction ee cniry Court nor any order for, testimony and the judgment en-|°"s’ ‘Sureties on such undertaking’ tered thereon, Hoa. Frank T. Lem-) are’ jiable for the full amount of bke, Judge. 5 the judgment affirmed. ea $0 The consideration for a stat- pee Tectia Rae pete ‘ctorv undertaking need not be in- Number of Entries Exceeds All Expectations — Judging | Is Under Way Today—Dr.! A. F. Schalk and 0. J. Weis er Will Speak at Dinner Meeting Tomorrow ing. . Appeal from an o:der of the Dis- ‘ a a "Thane Man he. court with-| nett, of Dickinson, N. D., attorneys tae aba but may be eo cc i Progr m Ttursdsy Noon _ [ing. | The dinuer will be served “ pale ocireeraes ; of hearing of proceedings for a con-| son, N. D., attorney dor ‘defendant ° ‘ard, County, Hon. John G. chickens, ducks, geese and turkeys/ dinner meeting Thursday nocn at sons wishing to hear the talks but | cage coach, i of , bawera of enhinh thie earand master “fa te adranna ranaw ta tha alter far siderable time during the trial, there is a mistrial and the defend- ant’s right to raise and take ad- vantare of such mistrial is not waived by his failure to object to such absence at ‘the time the judge left the courtroom. 3. Where a defendant is charged with murder in the second degree under subdivision 3, section 9462, C, *., 1913, perpetrated without de- sign to effect death, while engaged in a criminal operation as defined by section 9604 C. L. 1913, and the court has fully and clearly instruct- ed the jury, that it is incumbent on the state to prove beyond a rea- sonable doubt that an operation ‘was not necessary to save the life of the deceased, and then gives an instruction from which it may be inferred that it was necessary to prove that the operation was nec- essarv to save life, such later in- struction is unnecessary and should not have been given. Avpeal from the District Court of Cass county, North Dakota, Hon. A. T. Cole. Fargo judge. REVERSED. W.-H. Barnett and Francis Mur- phy, Fargo, N. D., attorneys for ap- pellant. Ceorve F. Shafer, Attorney Gen- evel Premarck, N. D., H. C. Pol- lock, State’s Attorney, H. F. Hor- ner and V. R. Lovel!, attorneys for respondent. From Stutsman County Charles Scott, a resident, citizen. and taxpayer of the City of Jamestown, Cornty of Stutsthan, Stste of North Dakota, ctc., Plaintiff and Avpelant -VS.- The City of Jamestown. a municipal cornoration, et al, Defendants and Resnondents, SY™LARUS: (1) The effect of failure on the part of the City Council to redis- ‘trict the Citv as required by law cannot be litieated in an action to prevent the city from entering into a contract for the emnloyment of assistants to the City Attorney. (2) The Mavor and the City Council of a Citv have the power to annnint attornevs to assist the City Attorney in litigation affect- ine the interosts of the “itv. and pre not reouired to select these assist- ants from among recident lawvers. (3) While the City is bound by the vrovisions of Chanter 169 of the Session Laws of 1925, being Section 3684al to 368a13 of Supn., and cannot incur anv 1 itv in excess of an avprovristion made therefor in the final budcet, nevertheless, when the City has in its bndeet an item known as “Mis cellaneons” -vied ~>der the pr sions of Section 3677 of the Code known as “contingent exnenses not otherwise provided for” it mav an- pronriate monev from this fond to pav for the e-rvices of assistants to the City Attorney in nending litier*ion affecting the interests of the Citv, and mav enter into a eon- treet to secure such «ssistance when the resolution nrovidine for the ex- perditnre snecifies a defin'te maxi- rirm amovnt, Anneal from the Nistrict Court of Steteman County, Hon. Fred Jan-| © gonince Tawa, APPIPMTT, Onision of the court hv Burr. J. S. FE, Fleworth, of Jamestown, D.. attorney for avnellant. C. S, Puck, of In--ostown, N. D., attorney for resnondents. N Fram Ceonnte Cone+—Ransom Co. Enderlin Farmers Store Co.. a cor- rorstion, Plaintiff and Respon- dent 4 -vi~ Tetivg Witlif. Defendant Waiter Mneller, Garnishee and Ap- nallant, SYTT.APTIS; 1, When it anvears from the reeaw’. that unon a hearing in a defonlt, caee in a garnichment pro- coadine, that the wlaintiff is en- tiled tr tha same indemant peatnst the defendant and the garnishee. and the court orders indement against, hath. and the written order for ind-ment, prenared bv the at- terney for the nlaintiff recites all garnichee which written order s0 vrevsred. is inadvertently signed bv the indee, such omission fs not a indictal mietake and mav be sun- plied by a srbsecuent order of the comrt entered nunc pro tune. * Anneal from the ennnty conrt of! Rancom county. North Naketa, Hon, ch Pe scodl oe sitting in jana of Won. M, C, pson. = AWTIRMEN, si Oninion of the rourt by Rurke. J. Chorles G. Bangert, Enderlin, Novth Dekota. attorney for plain- tiff pnd resnondent. 4. V. Backlund. Enderlin. North Dakota. attorney for garnishee and appellant. From Stark County Stark Connty. a municipal corpora- tion, Appellant ° + SVB. The City of Nisbingon. a municipal and respondent. From Pierce County Imperial Elevator Company, a cor- poration, Plaintiff and Appellant “V5.- R. A. Warren and Lars T. Birdahl, Defendants Lars T. Birdahl, Respondent and North Dakota Wheat Growers as- sociation, a corporation, Gar- nishee. SYLLABUS: 1. Where in a garnishment pro- ceeding a defendant serves upon the plaintiff an affidavit claiming) the property gazni hed is exempt) from execution, and said affidavit sets forth all the fects ne: show the exemption and a verified schedule attached to the! affidavit listing all of his personal! property and the value thereof,| such affidavit and scl fect an answer end is a compliance with section 7580 C. L. 1913, which pce that the de- fendant may by answers duly veri- fied defend the proceedings against | 2. Under section 7575 A 3 Sup- lement to.C. L. 1913, when a de- fendert claims the debt or property garnished to be exempt sych claim of exemntion may be heard and de- termined by the court at eny time after the claim is made on three days notice to the opposite party. . The provisions in section 7567 Surplement to C. L. 1913 providing that the wages o salary of the head of a family residing in the state to the amount of $15 per week shail be exempt from gar- nishment, is intended to give im- mediate relief from any herdship which might result from the tying up of wages cue the head of the family pending a garnishment pro- ceeding, and is not intended to de- prive a defendant of claiming in court wages or salary over and above the $15 per week as exempt, and after such claim is made it may be determined by the court at,any time upon three days notice to the opposite perty. . 4, A garnishment procceding should not be vacated when the garnishee hes not filed affidavit of disclosure, or non-liability and the time for filing such affidavit has not expired. BA Appeal from the District Court of Pierce County, Hon. G. Grimson, Judge. Opinion of the court by Burke, J. REMANDED FOR FURTHER PROCEEDINGS. Libby & Herris, Grand Forks, N. D., attorneys for appellant. L. N. Torson, Rugby, N. D.. at- SI for respondent Lars 1. From Ward County C. B. Bach, Executor of the Estate of W. L. Miller, deceased, Plain- tiff and Appellant, 2VS.- North Dakota Mutual Fire Insur- ance Company of North Dakota, a domestic corporation, Defen- dant and Respondent. SYLUABUS: (1), Under Section 4871 of the iled -sws of 1913, every per- son insured by a domestic mutual insurance company, other than life, is a member of the company while the policy is in force, and the policy, so far as its validity is con- cerned, is subject to the statutory rovisions governing the relations tween mutual insurance compan- ies and their members. =| (2) Where a mutual fire insur- ance policy contains a standard ~2 clause under which the if any, is payable to a mort- u+v~? and which provides that in case the mortgagor or owner shall neglect to pay the Paige the mortga,ee will pay same, the insurance contract is subject to the isions of Section 4874 of the ‘ompiled Laws of ,1913, prescril ing the effect of the failure to p: premiums as requir d. (3) Following Montgomery vs. Harker, 9 N. D. 527, Montgomery vs, Whitbeck, 12 N. D. 385 Lamb vs. Insurance Company, 18 N. D, 253, it is held that Secti 4874 of the Compiled Laws of 1913 renders void, during the period of nonpayment of premium, a policy of mutual insurance upon which the full premium has not been paid in cash or notes. f (4) A mutual insurance policy declared void by statute for non- yment of premium by a member Pe void as to both the owner-mem- ber and to a 1aortgagee. aA IRMED. Opinion of the Court by Birdzell, Ch. J. Mr. Justice Burr, being dis- John H. Lewis, Minot, N. Dak., A Appellant. D._8. Ritchie and Roy A. Ploy- fae Respondent” N. Dak. Attorneys cornoration. Resnondent, From Ward Count; AWS. Ward, Anditor of Stark coun-| Ole Nesvold and Hulda Nes- ty NW 1 et al, Garnishees. vold, Ailes SVTT Aprra, Respondents. Tha dactrina af neanwnalt fe ane pacbla ta cittee and whara.a city, artine in m matt within ite err. Neeeta nawwave, wedastakae @ mite. {ral feseenwamant and antara feta or ern amans wetth ennthar te the anch’ imnenwamant nnan tha ampna. mont We the Mbyte renay the gan nd nasty whan the fmnrnvemant fe commtntad and. moray ohtatnad thenedam: and the rarnnd narty. in salianea nan thie pramtas of the Cite in ened va, O, M. Thompson and H. L. 2 H. L, Glazer, of is aH i i Z d i i age ie fi aha {that can be produced anywhere on Opinion of the Court by Burr, J. display at the corn show building L. J. Palda, Jr., C. E. Brace, and here today, the Missouri Slope poul- Robt. W. Palda, all of Minot, N. D., try show is attracting much atten- attorneys for appellant. tion. The number of en i McGee & Goss, of Minot, N. D., even larger-than-had been anticipat- E. O. Haraldson, of Lansford, N. D., ed by those in direct charge of the attorneys for respondents. exposition and the capacity of the | _-:- building is taxed to the limit to : house all the exhibits. The turkey | From Ward County department of the show is one of | Oscar Olson, for himself and the finest ever shown in this terri- | all others similarly situated, tory, according to A. R. Miesen, | Plaintiff and Appellant. Burleigh county agent and tempor- | vs. ary president of the Slope: Poultry | M. A. Erickson, association. ‘ ! Defendant and Respondent. Admission to the show is free and SYLLABUS: the public is urged to visit the 1, An Act of the Legislature is’ building this evening or tomorrow to be interpreted in the light of its and see the fine birds which have | Title, and tin Act is Paes been enggred. y | to two interpretations, one of wi " would extend the provisions of the Exhibits From Wide Arca ‘Act beyond the range stated in the _ Exhibits have been received from | Title so as to include subjects not all parts of the state, with several | germane thereto, that interpreta- id somite at man | tion will be adopted which is in away as Fargo and Moorhead. Bur- | harmony with the Title of the Act. leigh, Morton and dely ey county | 2. Chepter 285 of the Session aye. fe bel El Laws of 1927 of the State of North shown by poultry faaclers at Und Dakota examined and held not to apply to a Public Utility sess. wood, Woodworth, Hensler, Wilton, | ing a franchise granted before the Washburn and other towns in the | time said Law came into effect Slope area. The quality of the| when said frenchise was granted within a year prior to the coming irto effect of the Law. Appeel from the District Court of Ward County, Hen. John C. ‘owe, Judge. id AFFIRMED. Opinion of the court by Burr, J. Nestos, Herigstad & Stenersen, af Minot, N. D., attorneys for ap- pellant. S W. H. Adams, of Bottineau, N. D., and Harold B, Nelson, f Rugby, N. D., attorneys for defendant and re- spondent. Board of Railroad Commissioners and its Attorney Mr. John Thorpe, of Minot, N. D., Amicus Curiae. ST. CLOUD TTCH WINS St. Cloud, Minn. Jan. 25—()— St. Cloud Technical high school de- feated Little Falls 31 to 27 Tues- day night in the first of the annual two game series. In a preliminary, Soley high school trimmed the Tech reserves 26 to 18. Capital Funeral Parlors 208 Main Ave. Licensed Embalmer Phone—Day -r Night—22 Jos. W. Tschumperlin Prop. LT AT a AE Eo AM IIE | First Class Shoe Repairing Bismarck Shoe Hospita! Henry Burman, Prop. Bismarck, N. D. i CAPITOL Theatre TONIGHT WED., JAN. 25TH A Masterpiece of Emotion! " Also Comedy and Fox News $25 e e 00 Special Opening ~ Cash Prize To the direct shipper who receives th largest amount of money for mer- chandise shipped to our NEW PLANT which opened or business Mon- day, January ‘6th, and contest continues to Feb- Feary 16, 1928. 3 Rabbit Skins, Hides and Furs Advanced - We are now more money than im our last circular ce a erg tam, tate SS Sone ‘ast ceules the fGuTHCESS” dry ha'Se da coe ant tes ete UaISREEEEEmEanaremmemnerareee Ey Onder your FROZEN FISH now and cave from be to 8 per Tb ———— Gam Seven, FRONT AVE. B, the work will attend. the Grand Pacific Lotel which all Live Stock Repor. s | exhibitors and others interested in | ner should be at the Lions’ room in | nationally known Washburn (Ka: Dr. A. F. ithe hotel at 1 o'clock. who do not care to atten” the din- in new scenery this year after serving as coach of th College team for four years. TOP THE MARKET | FOR FACTS/ . 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