The Bismarck Tribune Newspaper, March 31, 1928, Page 3

SATURDAY, THK BISMARCK TRIBUNE board is/ 1918, defining the effect of the rec-| invoke an estoppel as againct authority.| ording or the want of recording ei mortgagee of his debtor on account 1925 Sup-|an instrument affecting the title to| of failure to seasonably record the real mere failufe to] mortgage, does not lose his right to permitting the mcrtgage> juent. bs pay = Irggeven proceed. uired spe- to foreclose mortgag. “rg bet fore asserting his right; but the ‘ ‘ Railroad Commissi he constructi off the! mortgagee having as such paid the By Rex E. Willard, Farm Economist : a per.cwt, is an adequate com- e it of key one saleceseet Pr ry. is . * : * e s oT North Da uot Agricultural College pensation ‘for “cleaning, gene, Pi nit” us paid. - ged pitas Sempanies at the Ds a age te Court eens, ganas and an pe * of Golden Vall 0! Pubile ‘Terminal Grain Elevator largest sustained by the evidence taken. . ley. — Ps ‘oe February since 1914, the lamb mar- or repai Thomas H. judge. jon to ket. continued the property of the county, , ) & mi can title. m dgment in authorizes the board to veig sos be recorded ‘or barred by statute from seeking: re~ Nip gm e ame! election, since the law provides that} of. @ person can hold the treasi ofice for only two consecutive terma. Mr.. Weixel hag been a resident of Bismarck for the past 11 rs. For seven years he was clerk in the Soo bg oe! for the past four s_ bee! ears hi n of the Patterson Hotel Coffee Shop. Shanghai-Hongkong Air Service Planned Shanghai, March $1—(AP)—Es- tablishment of commercial aii service between Shanghai and Hong- county affirming the From an order and j ae ha te favor of the plaintiff, defendant ap- the] tween the Peali activity in a bide! Retired of indust em- ploymen’ ‘wage payments con- tinued below that of a. year ago. The wheat situation this year _in many respects similar to a ago, and if prices should decline the coming month, farmers’ mi; do well to refrain from pel j al verpool, Stacks of Can- adian wheat in store in the prin- cipal markets were atout 48, 000 bushels larger at the middle of February bes se yewr ago. “ ; .. The heavy supplies of flaxseed in the: United States havel been moving consuming ‘channels supplsi, exclusive of India and minor pitoducing coun- tries, is now about 146,000,000 bushels’ compared with 129,000,000 bushels last year, seed prices at Minneapolis which during Octo- i’ = cane — reached wer iowest poi since January, continued their eval rally. A sho i iG teed ins i al of grains in Europe has been an important fac- tor in raising the general price level of those grainy above that of last year and the situation favors exporting to Europe of corn, barley and oats from surplus producing countries. Potates Growers in the 1@ early shipping states superently plan to increase their combined acreage about 5 per cent over last season and may have] reduced @ total of: about 2[14,000 acres. This would be* the bord dort planting in years. It is doubtful whether the general market position this spring will be quite as strong as a year ago. On the other hang, there has been an upward duri: it weeks amounting ‘sometimes to 10 or 15 cents per hundred pounds for old potatoes and holders ed be eho is taped early, clean-up 0: y stock. fee idattle Market supplies and the slaugh- tering of cattle will probably con- tinue below that of the correspond- ing month of 1{127, at least until July, with total slaughter for the is jod the. smallest. since. 1922. laughter cattle. prices: during ‘Feb- 7 showed ‘a general tendency’ to decline. nd Cattle: on ranges a: ter generally in very gost condition er generally in very col with only the usyal seasonal shrink- age in Hesh. High prices have a tendency to restirict restocking and the buying of csttle for spring de- livery in: some* — ‘4 In the face nf supplies of lambs at the seven leading markets above | DECISIONS OF STATE SUPREME COURT : O. B. Kaull, Plaintif and Appellant .v8.- Gusta Johnson, Defendant : and Respondent. and Northern Invegtment Company, a . corporation, (sarnishee Appel- lant. 1. The defendant in a'civil action may show that, the date of the ser- vice of the surnmons ‘and complaint. in the action, as stated in the re- turn of service, is not the true date of service. ! the January weight above the in January and the Februa: Hogs With foreign demand continuing ing and hag rag 43 — fe oa survey ig supplies continue above last year, the sonal advance in hog prices which usually starts in January and reach- Brak net sonia 2 very | year. 0! hogs February continued to increase contrary to the usual sea- sonal change. For the month of February receipts averaged 59 per cent more than a year ago. Prices of hogs remained low through the month of February with little in average id but’ slightly terial far mat ‘usual seasonal fluctuation until next fall and win- ter. ‘ Butter markets during February have been unusual in several ways. However, the general position of dairying remains secure and is re- led as ,at least moderately worable. Prices for butter have not followed the usual course this season, Normally there is an ad- vance January to February, the average for the latter month being frequently as much as 1 to 2 cents above the general average. This year the reverse has been true average for the Uni- ted States was 45.3 cents per pound while the average for aerani, was only 43.9 cents. Receipts of butter at the 5 principal markets continued to run heavier than last year ‘through the first part of February and prices declined 4 per cent by the middle of the month. After the middle of February, receipts were and ‘prices’ advanced stead- ily averaging 48.8 cents for the first week of March or more than any one week since the middle of January. Eggs and Poul! Intereat in the egg eats at ing| this season of the year is largely torage with rd to the new st situation just ahead. The low point in storage holdings was apparently reached, about’ Feb. 11, somewhat earlier than usual, and it is inter, ing to note that the low point this year has been the lowest re- ported for many years. The live try markets have been featured heavier supplies than a year ago. ‘nérket continue firm ing has ‘been rather" month. Foreign continue to report with stocks very light. imports have been much below the usual level and stocks are at a low point. Wool contracting continues strong in the western_states with Ee w little higher than at the Siaping. ot the year, generall, ranging from 34 to 40 cents in ** north and 37 to 43 cents in Texas. discretion to be exercised in the interest of, justic, and, where the motion is nted, it must appear that the cause or ground had an actual existence. (3) The test as to whether a decision is within the discretion of ‘a court is whether or not the ques- tion may properly be decided aliher way. (4) In. the instant case the evi- is examined and it is found to show i ably tase, con- ye in which pl was Hiding at the with the defendant's autorhobile warranted, the court, in rul uy] a ry power it was error to grant the motion, Appeal from the District Court of Case. county, Hon. C. W. Buttz, Opinion “of the court by’ Bird- zell, J. ~ Burke, J., dissents. 3 Ta me: Paulas, Fated: N.’ Dek Attérnay for * , Fargo, N. oe Igoe ft State. of tt | fendants Commissioners, defendants appeal. Hon. J. A. Coffey, Judge. AFFIRMED. Opinion of the court by Burr, J. OHare € Cox, of Bismarck, D., and R. J. Hagman, of St. Paul, Minn., Attorneys for Appellants, H. A.. Bronson, o€ Grand Forks, N. D, and _T. C. Madden, Assistant Attorney General, Bismarck, N. D., Attorneys for Respondents. Matilda Baldwin, Plaintiff and Ap- pellant Claus Opsvig, . Hammer, A. Walker, and George W. Cham- berlin, as executor of the estate of J. A. Chamberlin, deceased, Defendants and Respondents. 1, In an action for the specific ted September J, 1910, and. pros a rd, ji ro- viding for ment of 000 down and 4, on the first of January. 1925. with interest and de- ferred its at six per cent, that on tl ment of the $7000 January 1, 1925, deed should issue to the vendee with a mortgage back to the vendor for balance of the purchase and which contract contains the further provision that the second Popgd may sell the said land pro~ & payment of $3000 is made on January Ist followi: such sale, (January ‘Ist, 1920) suc! latter provision is an option for the benefit of the vendees which the may, or may not take advantage of, and if said option is exercised the vendees may show by parole evi- dence that they were to be re- leased from all liability, and provi- sion for ‘such releas; was inadver- tently omitted from the contract. Such oral testimony does not change or vary the terms of the writing. 2. In an action for a specific performance of a land contract the assignees who purchased the con- tract assuming all liabilities there- under including the Leese of all prior mortgages. which prior mort- gages were to be deducted from the sale price of the land, and where the assi admit in their an- swer, thct there is a certain amount due on the land contract which is unknown to them, and prays to have the plaintif? produce the evidence of the amount due on said land con- tract, the plaintiff is entitled to a ent against the assignees for the amount due on their contract less the amount due on prior mort- gages. (Syllabus by the court.) Appeal from the District Court of Steele county, Hon. Chas. M. Cooley, Judge. Opinion of the Court by Burke, J. Sad & ret Attorneys for Pl tiff and Appellant, Cooperstown, N. jak. Sinkler & Brekke, Attorneys for Defendants and Respondents, Ham- mer & Opsvig, Minot, N. D. 0. J. mpson, Attorney for De- and _. Respondents, A. Walker and Geo: . Chamber- lin, Cooperstown, N. D. igor aad Plaintiff and Appel- lant Susie L. Pi Defendant and Respondent. 1, Application for relief from a/ judgment under Section 7483, C, L. 1913, providing that the court may in its discretion, and upon such terms as may be just, at any time within one year after ereof, relieve a party from j nt, order, or other pro- Fg taken against him through his mistake, inadvertence, surprise or excusable neglect, is addressed to the sound judicial discretion of the court, and the court’s ruling in that regard will not be disturbed on appeal unless it appears that in making it there was a manifest abuse of discretion. 2. The record examined and held, that in the instant case it does not appear that’ there was an abuse of discretion in vacating the judg- ment. + (Syllabus by the court.) Appeal from th notice time of the collision | of pri F by default id ee] ‘the defendant leave to oo swer over, plaintiff appeals. MODIFIED AND AFFIRMED. pinion of the court by Nuessle, Adamson & Wheat, Devils Lake, Attorneys for A; . F. T. Cuthbert, of Devils Lake, Attorney for Respondent. i The Minneapolis Threshing Machine Com » & foreign corporation, -V8.- Firat: State Bank of Fort Yates, North Dakota, a Domestic Cor- ion, Defendant and. Appel- by the sepec and whe session for the purpose Cleraytlabus of the court.) : s(t a eS ‘respon- N.| other is not sufficient to impose ogg contractual obligation upon| amended, e latter to pgs er Person) (U. 8, % inted Srviooe pectoral "a seers or supervisors, it 4. The mere fact that a -person | ject to. ence Bankru renders services beneficial to who performs dinari A tual ol unless ie party. sought to has _voluntaril; the Benefit thereof and if the serv. ices are of such nature that the lat-| estate of a bankrupt seeks to invoke ter has no choice‘but to accept them| an estoppel as "|withheld from record: beeen de " rom recor can do 80 5. In the instant case it is. held/ only to the extent that vuch with. holding prejudiced the creditors Hable in quasi contract for, services| whom hi represent its. & OA itor who {s eatitle] to there is‘no acceptance and no lia: bility. that the defendant county is not performed in repairing roads. (Syllabus b; the court.) From a judgment of the*district court of Rolette county, Buttz, J., Defendant appeals. REVERSED, Opinion of the Court ‘by Chris- tianson, J. John C. Adamson, Devils Lake, N. Dak., Wm. Bateson, Rolla, N. D., Attorneys for Defendant and Ap- pellant. N. D., John A. Stormon, Rol! lent, of B. J. McKay, also\known as Benjamin J. McKay, a bankrupt, Plaintiff and Respondent VB.- C. O. Casterton, et ul, Defendants C..0. Casterton, badd aa 1. In an action brought by the plaintiff as trustee of the estate of a bankrupt to avoid a mortgage of real property, the record is exam- ined and it is held, for reasons stated in the opinion, that the trans- fer was le in good faith and for a then present consideration. 2. Under Section 5594, C. L. CSS ee SS (APiTOy Last Time Tonight He wooed her and won her in one wild night—but one hundred thousand dollars said he couldn’t admit they were married. Pretty hard on a honeymooning couple —but a riot of fun for you! Charley Chase Comedy and Fox News Monday — Tuesday The finest rural classic since “Way Down East” against such over-/| creditors BU having Hens by attach- under the provisions of the Comp. Stats. 1916, Sec. ces. Or-| 9644) where executed and delivered there is no quasi contrac-/ more than four months prjor te the "ekg to pay for mate nie ye tl of the petition in bankruptcy ortgagor. thoug! accepted | within the four months’ period. -| 4 Where the HERE'S SPEEDY RELIEF FOR- | Emerald Oil Must Give Complete Satisfaction or Money Your feet may be so swollen and Messrs. Kehoe & were ene: inflamed that you think you can't N.D.,|go another step. Attorneys for Plaintiff and Respon- | feel as if they are cutting right into the flesh. peorzry with and torture and pra: James Hart, Trustee of the Estate |... quick Pelee What's to be done? Two or Moone’s Emerald Oil and in fifteen minutes the pain and soreness dis- A few more applications at regular intervals and ing red And as for Soft Corns and Cal- louse: lew applications gach night | foot trouble or money appears. als, kong, MODIFIED. , 80 is not sub-j, Opinion of the Court by Nuessle, ee teae bean Theo. B. Torkelson, of Bowman, and Lawrence, Murphy & Nilles, of Fargo, Attorneys for appellan:. Keohane & Oppegard, of Beach, attorneys for respondent. . John Weixel to Run For County Treasurer Announcement today that John Weixel of Bismarck is circulating Petitions as a candidate for Burleigh county treasurer at the June pri-! mary brought added interest to local politics. Mr. Weixel is the first announced candidate for the office now held by G. L. Spear, who is! Act, Section 60a, as Title 11, Section 96a, th recorded trustee of the ta me mortgage being TENDER, ACHING, SWOLLEN FEET’ Cheerfully Refunded at bed time and they just seem to shrivel right up and scale off. No matter how discouraged you have been with powders, footbaths or other applications, if you have not | tried Erherald Oil then you have | something to learn. It’s a wonderful formula — this | combination of essential iols with | camphor and other antiseptics so! marvelous that thousands of bot- tles are sold annually for reducing varicose or swollen veins. Every druggist guarantees | Moone’s Emerald Oil to end your Your shoes may You feel sick all over three applications of swell- All the, famous Oriental Dishes _served at The Patterson, formerly McKenzie Hotel Chinese Chop Suey Mushroom Chop Suey Chicken Chop Suey Fried Noodle Chow Mein Chicken Yatcamein Egg Foyoung fara ‘) Pr eas NEW TORK SEASON, | DISTINGUISHED NEW YORK CAST Sub Gum Warmein These dishes are prepared to order by Oriental cooks approximately away, is being considered by com- mercial interests representing both foreign and Chinese investors. At a recent meeting in Hongkong of those interested in the project, THE past Wis Success 900 miles ’ | e pi BISMARCK AUDITORIUM: Monday, April 9th ' SEND YOUR MAIL ORDER NOW NOTE THESE MODERATE PRICES FOR THE WORLD'S BIGGEST HIT. 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