The Bismarck Tribune Newspaper, March 12, 1929, Page 7

ar an ENTERTAINS NEARLY -BnS _ 0 DINER GUEST °* Annual’ Banquet to Grocers i. Takes In Mandan Retail- ere; Magic on Program egheks az eee \party in a series of songs, eccom- panied by Hazel Jofinson’s orchestra, after which the serving began. It Was a fried chicken dinner and every- body was invited to eat the heart's content, and finger holds were not. ‘barred. The invitation was quite gen- erally accepted, for the chicken was most deliciously prepared and there ,_Were good side fixtures to go with it. John. Hoffman announced, after ice Aream, cake and coffee. that nobody was going to be bored with tiring speeches, but that an entertainment ‘would cap off the dinner. \ ~ Harry Oram explained the nature of the occasion as one to emphasize cooperation between the company and the business houses handling its prod- uct. The success of the company, he sald, meant welfare extended to Bis- marck, while the cooperation that made this possible was considered worthy of recognition in this social wi He called up for a bow John Hoffman, Leo DeRochford, George Hektner, H. R. Magnusson and Theo ‘aylor, members of the company. * Mr. Oram sang several humorous songs, One a parody on “The Face on the Barroom Floor.” in dialect. . Also another made up of a medley of lines from other songs, arranged nonsensi- ¥ cally and set to musical phrases from | Patriotic airs. The remainder of the evening ‘was given over to Henry Gordien, a ma- gician from Minneapolis, who turned loose & whole bagful of tricks; some with handkerchiefs, others with cards, the latter being especially mystifying. “ All were given a humorous turn by y> . getting the aid of the guests. Finally 2 all the great poker hands had been *, Made to appear.in the paws of guests, z While those who had contributed loans + Of $20 bills had got their money back. *', out of an orange, so the dinner came « to a happy close. “HANNAH ENGDAHL, 1, UD PONBER, IS DEAD ‘> Death Recalls Tragedy of Hus- £ band Drewned in 1924 Cloudburst on Farm Rleventhy "hquse elosein.. address ‘TUESDAY, MARCH 12, 1999 his new cabine Seated, lett to right, are Postmaster General Wa successor, Henry L. Stimson, assumes the post; P resident Hoover, Mitchell. Standing, left to right: Secretary of La bor James J. Davis, . Hyde, Vice President Charles Curtis, Sec: pect” NEht slerk, viewed the ue | Handshaking Less The Jordan raid was The holdup of the staged-Feb, 21. Associates In- Gilbert E. Strandemo, - Faribault, a membér of <he state legislature, was wounded in the hand by one of the bandits who got $300 from a cash drawer and fled. Cornia and Freeman were ar- in municipal court on a charge of robbery in connection with the investment holdup: They waived examination’ and were held to the grand jury under $10,000 bond each. 20 American Citizens Arrive from Mexico Nogales, Ariz, March 12.—(P)—A southern Pacific of Mexico train from the southwest coast of Mexico brought 20 American citizens to Nogales to- day from Culiacan, Sinaloa, and sur- rounding country which has been traversed by the rebels in their march to the south against Mazatlan. SLAVS BAR LIPSTICKS Rio Grande, March 12.—(#)—By or- der of Premier ance, pce iris who wear 5: short ste) or Who use ks will be barred from school. Too Late to Classify FOR RENT—Nicely furnished room in modern home. Suitable for two girls, board if desired. Call at 412 Eighth street or phone 911, FOR SALE—Practically new Mon- arch range and other household articles. Also Bronze tom turkeys. To inquire phone Blackstone Poo} Hall. ——————=——= | WANTED—Lady as housekeeper on farm. Three adults in family. Mid- dle aged lady preferred. Write Tribune, care of Ad. No. 38. WANTED We have Legere m n for a high grade. salesman, An Getous man desirous of connecting with a large yea good basis. ADI P.C. REMINGTON & SON. Bism oe 6 re WANTED TO RENT Pive or @ room FOR SALE — -8IX ROOM. modern hause, south front, hot water heat, on paying, near’ school. Sales price $4,250. Terms. ; six M modern bungalow, south ae Rorch, hardwood floors, full basement, furnace heat, near schools. Sales. price $4700. _Terms. bungalow, new, just cam , Oak ‘and maple floors, built-in Sayre eg room. in basement. a taxes, ~ Sales. price $4850. SIX ROOM two. story house, hard- ‘wood floors, built-in features, fire Sales price $6500.00. Good terms. a5 *~ Hoover Program Wa. aington, March 12.—()—Long nes of visitors passing through the executive office to shake hands with the president have ceased.to be a daily event in Washington. The number of these daily recep- tions was reduced this week from the customary six to two, and President Hoover is planning later to have only one a week. Minnesota Mayor Dies Election Day Rockford, Minn., March 12.—(?)— On the day voters went to the polls to elect his successor, Adolph Hohl, 4, mayor of Rockford, is dead. The election is today. In ill health for some time, Mr. Hohl died of heart disease at his home early today. He has been mayor two years, and was not a candidate for reelection. 4 a widow and four children sur- vive. South Dakota Rivers Break Up; Roads.Bad Sioux Falls, 8. D., March 12—(7)}— The Big Sioux river here rose three feet. over night as the spring thaw started following temperatures aver- aging well above freezing, for more than @ week. Unsurfaced roads are reported virtually impassable in cast-. ern South Dakota. | Decisions of { Supreme Court pao Diats tata Casper F. Rassch, plaintiff and a Pellant, vs. George O, Goulet, de- fendant and respondent. 1. The mutual rights and obliga- tions of the parties to a written con. tract of purchase and sale of real estate may be waived and: the con- tract annulled and extinguished by parol. Mahon v, Leech, 11 N. D. 181, 90 N. W. 807. . 2. Such mutual rights and obliga- tions may be terminated by abandon- ment on the part of the vendee, ac- ulesced in by the vender, even neo statutory notice. of cancel- lation is given. 3. A court of equity. will not ex- tend the extraordinary relief afforded eg whe Derformarwe toa Wee wi been grossly negligent. o! rights, or has abandoned.his contract, where the vender, induced by. action, -—————__——________4 | | slatent with the performance of the contract. i 4 A court of equity, in the matter of specifically enforcing a contract to convey real estate, will insist on a eapecially if such elev ly jelay ren- Performance inomuliaple and un- T. retary of the Interior Ray Ly: Francis Adams, t—here are pictured together for the first time as they posd for camera men lter Brown, Secretary of War James W. Good, Frank Kellogg, continuing as Secretary t enter into a contract for the pur- chase and exchange of real estate has a right, upon the discovery of the fraud, to rescind the contract. 10. Generally speaking, rescission ‘abrogates the contract not partially but completely, and after a binding election to rescind, a purchaser can- not insist upon his rights under the contract. | : Appefl from the district ecx:t of Barnes county, Hon. A. T. Cole, judge. Affirmed, Opinion of the court by McKenna, Gistrict judge. Mr. Justice Nuessle did not are Hon, Geo. M. Mc- Kenna, judge of the Third judicial district, sitting in stead. Messrs. Lemke ¢: Weaver @ Fargo, N. D,, for appellant. Combs, Ritchie & Hanchett of Valley City, N. D., for ident. Elliott School District No. 23, Elliott, North Dakota, Plaintiff and Respondent O. M. Gorder, Defendant and Appellant 1. In an action to recover the value of bank stock, which has no market value, the measure of dam- ages is the actual value of the stock. 2. The value of corporation stock may be shown by the testimony of persons connected with the business and ‘having’ personal knowledge of the affairs. 3. Evidence in the instant case examined and held, that it does not sustain a finding that the value of the bank stock involved was more than par, but will sustain a finding that it was worth par. (Syllabus by the court) Appeal from the District Court of Ransom County, Hon. has. E. Wolfe, Judge. MODIFIED AND AFFIRMED Opinion of the court by Burke, Ch. J. Kvello, Adams & Rourke, Lis- bon, North. Dakota, Attorneys for Appellant. Mr. Chas. S. Ego, Lisbon, North Dakota, Attorney for Re- spondent. No, 5526—Dakota Trust Company, a corporation, as Administrator of the Estate of Emil J. Headland, de- ceased, plaintiff and respondent. —Vvs.— Oline Headland and Solvei Head- land, defendants; Oline Headland, defendant and appellant, No. 5551—Dakota Trust Company, a corporation, as‘ Administrator of the estate. of Emil J. Headland, plaintiff and respondent, —vE.— Oline Headland, defendant and ap- pellant. A 1. A court of equity will not set aside as fraudulent a conveyance of an equity in property which has no value, 2, A sale of property will not be .|has entered into obligations incon-jset aside as fraudulent at the in- stance of a creditor, when it appears that the property is exempt from execution. ‘ 3. Creditors who permit a widow to remain in possession of property exercising dominion over it as the owner, for one year and seven months before commencing probate proceedings, and two years and sev- en months before bringing action to determine the rights of property; knowing all the time that the widow is paying mortgages on the property and her husband’s debts generally, will be denied relief when it is clear that a judgment setting aside the sale of such property as fraudulent cannot be granted, without doing great injustice to the widow, as the ‘llaches and conduct of ‘the creditors are an acquiescence in the validity of the transfers. 4, As administrator who ad- ition | vances money to redeem a homestead thy He may rescind the solutely and sue in an act f tefl Fl i sepa Sati tie ‘ © from sale on foreclosure of a mort- gege thereon, is subrogated to all e rights of the holder of the cer-, tificate of sale, and his lien there- under is superier te the homestead i et. nie (Syllabus by the court) Appeals from the District Court af Cass County, Hon. P. G. Swenson, get os ODIFIED as to File No, 5526. REVERSED as to File No, 5551. Opinion of the court by Burke, Ch, J. Christianson, J., did not par- fadge of the Third Tudiial Datei fu e Thir ¢ sitting in his stead, Secretary of the Treasury Andrew W. Mellon and Attor- of Commerce Robert P. Lamont, Secretary man Wilbur and Secretary of the Navy Charle® ps trict judges; that the candidate re- ceiving and holding such certificate of election possesses the constitu- tional qualifications prescribed for the office and that‘in due time he had filed his oath of office with the Scorctary of state, as required by law; a writ will issue in response to the Petition, requiring such incumbent to vacate and surrender the Possession of the office and chambers of the dictrict court judge, as established by law, and restraining him from in any manner exercising the functions and authority of the of"ce of district judge and from representing himself to be in any manner <.uthorized to act as such judge, pending a deter- mination of any existing controversy respecting the validity of the election and the right of the successful candi- date to hold the office. 2." Upon a petition for the exercise of the power and jurisdiction vested in the supreme court, where the mat- ter presented shows the existerse of opposing claims to the right of pos- session of @ judicial office, and where the return shows the existence of a controversy and the pendency of ‘liti- gation involving the title and right to the office, the s::preme court upon such petition will not try the title to the office but will order an expe- ditious determination of the issues in- volved, consistent with the public right and interest and with the grav- ity of such issues. (Syllabus by the court.) Original proceeding to restrain and enjoin defendants from exercisirg the authority of an office. Writ issued. Opinion of the court by Birdeell, J. James Morris, attorney general, for relator. J. W. Oarr of Jamestown and N. J. Bothne of New Rockford for Re- spondent MoFarland. M. ©. Freerks of Jamestown, James M. Hanley ~¢ Mandan, and E. B. Cox of Bismarck for Respondent Coffey. W. H. Hadler, plaintiff and respond- ent, vs. The North West Agricul- tural Live Stock and Fair Associ- ation, a public corporation, defend- and and appellant. 1. That an agricultural assaciation receives annual grants from the county and the state, and transfers title to its property to the state in trust to remain as long as annual @ppropriations are made, does not constitute such association a public Corporation when the state has no authority to regulate, control or di- rect the policy of the association, lect its officers or interfere in its management, even though the asso- ‘J e Wins Praise The quality of her acting as the Private Secretary in “The News Par- fans everywhere for this evely new: fans lor el ° ere ere ee New York City, eee, sdmire her charming and she fairly “set the style” on Broadway by the way she dresses her . # simple method I use in 2 ae ey g & gE i 3 € 8 & «f Hu if 842 J i F bi # i ir (lee 3 : i f i i ! £ i i 5} Ete i bl i u * ; if 58 i i vorson of Minot, N. D., attorney for defendant and appellant. sPondent, vs. John Unterseher Jr. and Gust Schlender, defendants; Gust Schlender, appellant. 1. Upon an appeal from an order sranting a new trial, when the mo- tion is, made upon several grounds, the question is not whether the trial judge was warranted in granting it upon a single ground, but is rather whether upon the whole record and upon any of the grounds urged, it should have been granted. The pre- sumption is that the order was prop- erly granted and the burden is upon the appellant to sl.ow that none of the grounds urged in the motion was sufficient. Davis v. Jacobson, 18 N. D. 430, 101 N. W. 314. 2 An order granting a motion for new trial on the ground of the insuf- ficiency of the evidence to sustain the verdict, of newly discovered evidence, or of accident or surprise, is one which is within the so: discretion of the trial court and will not be dis- turbed unless it appears there was an abuse of that discretion. 3. The record in the instant case examined, and held, for reasons statei in the opinion, that it does not ap- pear that there was an abuse of dis- cretion on the part of the trial court in granting plaintiff's motion for a new trial. (Syllabus by the court.) Appeal from the district court of Mercer county, Hon. H. L. Berry, judge. Action on a promissory note. From an order granting tl- plain- tiffs motion for a new trial, c2fend- ant appeals, Affirmed. Opinion of the court by Nuessle, J. Hyland & Foster of Bismarck for appellant, Zuger & Tillotson of Bis- marck for respondent. John P. Grady, plaintiff and respond- ent, vs, J. O. Hansel, defendant and Qppellant; Western Lumber and Grain Company, a corporation, gar- nishee dnd appellant. 1. The voluntary payment of a judgment by the judgment debtor waives the right of appeal therefrom, but where the: payment is made un- der coercion or duress there is no waiver. 2, One who moves to dismiss an appeal on the ground that the judg- ment from which the appeal was taken has been paid has the burden of showing that the payment was voluntary. Held, for reasons stated in the opinion, that it does nat ap- Pear in the instant case that the judsment from which the appeal was taken was voluntarily paid. (Syllabus by the court.) Appeal from the district court of Hettinger county, Hon. H. L. Berry, judge. Reversed. Opinion of the court by Nuessle, J. Jacobson & Murray of ?<>:' -| That’s why Cascarets are selling SI DOUBLE ROOM wat BATH 1488 Foy Dey slp Pollant, J. W. Sturgeon of Dickinson for respondent. eae STATE OF NORTH DAKOTA "Plaintiff and Appellant vs. kota, Lee , Lee Nichols, County Aud- itor,’ J. i ‘W. Stevenson, W. H. Be May exercise their power to jum value at which any Tay be sold at any time prior ie completion of the sale of the . Mandatory relief will not be efforded to an applicant unless he establishes a clear legal right to the Performance of the act which he seeks to coerce, (Syllabus by the court). Appeal from the district court of Morton county, Hon. Thomas H. Pugh, Judge. Plaintiff sought to compel the defendant, Morton county, to issue deeds to him of certain prop- erty claimed to have been bought at & sale of property acquired through tax proceedings, From a judgment dismissing his action, plaintiff ap- peals, Affirmed. Opinion of the court of Nuesale, J. W. H. Stutsman, of Mandan, for appellant. C. F, Kelsch, of Mandan, for respondent. Btate of North Dakota, ex rel J. A. Coffey, Realtor, and J, A. Coffey, individually, Plaintiff and Appellant vs. R. G, McFarland, Defendant and Respondent. 1) A court of equity will not in- terfere by injunction to determine ———_—_ ee of exercise Millions of busy men and women are keeping themselves in perfect Condition nowadays because they've learned the secret of the exerciser in the vest-pocket box for a dime. Cascarets give your bowels as much exercise as you get from an hour's hard play. They give you lasting re- Nef from headaches, biliousness, con- stipation, indigestion, etc. Each time you use them, your bowels became stronger. Oils, salts and ordinary laxatives produce only mechanical or chemical action, which actually weakens the bowels. Cascarets are made from Cascara Sagrada, which stimulates the peri- staltic action and exercises the bowel muscles. Nothing else does this. the rate of 20 million boxes a year! GTRENGTHEN THE BOWELO HANDY HINGED-TO} ‘TIN BOXES Cox, of Bismarck, for appellant. John W. Carr, of Jamestown, and N. J. Bothne, of New Rockford, for respondent. P “And after he kissed you three times, then what?” “Well—then he began to get apne timental.”—Life. An W>-MATURE'S REMEDY Tablet Sil promptly etart the needed howel action, clear pa eday bring welcome system, welief at once, The mild, cafe, all-vegetable aza- tive. Trp it25e. @. aw Recommended and seld ty ‘This sketch was made from an actual photograph Even churches are- destroyed Windstorms ruin substantial brick buildings as well as frame dwellings. This church was torn to pieces until it was @ complete wreck. Pub= lic buildings, schools and churches should be insured. This agency of the Hart- ford Fire Insurance, com» pany will see that: you-are protected against wind. storm losses, Call, writ or phone today. MURPHY “The Whe Mos Knews ’ Pheno 67? 218 Broadway BISMARCK, N. D. Annual Spring Offering of Money-saving Specials ‘““Wear-Ever”’