The Bismarck Tribune Newspaper, July 13, 1931, Page 8

Zelda Schumann-Heink, 17, who Associated Press Photo plans a theatrical career, receives a few instructions in the art of makeup trom her grandmother, Mme. Ernestine Schumann-Heink, former opera star. The young aspirant to stage honors is in New York preparing for her stage debut. DECISIONS OF THE SUPREME CO C. H. Kalsow, plaintiff and appel- lant vs .Henry Greb and McCormick Transfer company, a corporation, an appeal from Cass county district court, —affirmed. Court held that in action to recover for an injury to a child where trial judge submits to jury the sole question of unavoidable accident, Plantiff is not prejudiced by court’ refusal to give instruction on con. tributory negligence asked by de- fendant as it was to interest o! tiff to have question of contr negligence eliminated. L. R. Baird, as receiver of Ri State bank, Regan, plaintiff and spondent, vs. Wilton Elev: pany, a corporation. defi appellant, an appeal fro: county district court—affirmed. Co held there was substantial compl: with section providing the n must surrender to the mo: correct copy of mortgage and that mortgagor must surrender to mort- gagee a receipt in return. Emil Krauth, plaintiff and appel- lant, vs. P. S. Jungers and Fred Schwenk, defendants and respond- ents, an appeal from Stark county district court—affirmed. Court held and appellant, an appeal from Cass county district court—reversed. Court held counterclaim for damages on ac- ,count of breach of contract in con- nection with purchase of bank stock is good as agi t demurrer inter- posed on grounds that counterclaim | failed to state facts sufficient to con- | stitute cause of action. Anine Lacey, plaintiff and appel- t, vs. Security F' and respondents, a county district court—affirmed. Court held evidence showed plaintiff re- ceived benefit of earnest money pay- ment to defendant despite fact it appeared plaintiff had accepted con- veyance of property in question from | +,owner through intervention of agent! other than defendant. First State Bank of Strausburg, a a corporation, plaintiff and respondent, vs. Joseph Schmaltz and Katherina \Schmaltz, defendants, Katherina Schmaltz, defendant and appellant, an appeal from Emmons county dis- ‘trict court—affirmed. Court held de- | judem: ‘of service and process upon her after ndant is precluded from asserting | it is invalid because of want; ic WE ONCE QUIET AND PEACEFUL LITTLE GUMP HOME STEAD MAS BEEN TURNED INTO A MAD NOUSE SINCE BIM LEARNED OF TNE WiDOW'S ENGAGEMENT Yo Tom CARR- —=—= NE 1S ON TNE VERGE OF A NERVOUS COLLAPSE = HE NENMTNER EATS NOR SLEEPS = es Tr WAS hyiiel GREAT p ey SNL GOT HiAA TO BED — 7 ALL RIGHT, UNCLE BIM= MUST NOT CARRY ON LIKE THIS- LET ME SEND FoR A DOCTOR= YOU'RE SICK~ AND YOU'LL NEVER GET WELL - IF YOU DON'T TAKE CARE OF YOURSELF - You * ray NO- 1 bony WAN WERTENDS? ‘To SEE ANY DOCTOR { LET UB DO BRING ‘THE SOMETHING UNDERTAKER FOR: AND GET IT OVER WITH ) DON'T WANT ‘To. DEAL with ANY MIDDLE MAN NOW. DON'T ACT LIKE THAT= AND DON'T TALK THAT Ce YOUR INERVES ARE ALL UNSTRONG = You MUSTNT LET THIS THING UPSET YOU S0= WON'T YOU PLEASE LET ME SEND FOR A DOCTOR 7 PLEASE- UNCLE BIM= LeT ME CALL A DOCTOR FOR YYOU~ WON'T 2 You’ KANSAS ' city - You | A PARTY 1 DON'T SAY. | WITH HIM DO NOU THE WEEK KNOW 6LD | BEFORE |! CHARLIE CAME ROUMPUS? AWA. "0 GET BACK HOME IN A LUTTLE BIT OF A WORLD AFTER ALL! FRECKLES AND HIS FRIENDS I CAN JUST TELL, BY LOOKIN’ AT YOU,THAT You 60T A FING MOTHER, AN’ FATHER... 1 KIN JUST.Seg ‘You BET I HAVE, UNCLE JOHN...L HAVE THE FINEST MOTHER. AN" DADDY IN THE ELL, WHY DIDN'T THEY COME WITH You? Your, \ | DAD OUSHTA GET AWAY ! | FROM THE CITY IN THE > ane Tem BECAUSE WE ORDERED WIS COAL A MONTH AGO WoT SUMMER / AN THEY MIGHT ORIVE that in action to redeem from real|she, with knowledge of existence of estate foreclosure after expiration of | judgment against her, accepted and redemption, where it appears from|retained certain benefits on theory record that there was no agreement|that judzgment and sale of property to extend statutory period of redemp- {held thereunder were valid. tion and no evidence of fraud and| School District No. 35 of Cass To Cone, BUT Pop jf SAID SOMEBODY HAD STAY AT HOME. deceit which prevented a redemption | within the statutory period, a judg- ment from defendants must be af-| firmed. i Interior Lumber company, a cor-| poration, plaintiff and respondent, vs. Mary Kunert and Arthur O. Kunert, defendants and appellants, an appeal from Cass county district court—af- county, North Dakota, a public cor- poration, plaintiff and respondent, vs. Ellen Shinn, et al, defendants, the State Bonding Fund, appellant, an jappeal from Cass county district |court—reversed. Court held that |school treasurer who pays warrants issued for unauhorized and unlawful |purposes is not liable on account of uP To THE HOUSE Any ony | firmed. Court held evidence exam-|such payments, though he ad knowl- ined supports findings of district court in case, an action in forcible ‘entry and detainer. First Security bank, a private cor- poration, at Raleigh, plaintiff and appellant, vs. Bagley Elevator com- pany, a foreign corporation, of Min- mneapolis, defendant and respondent, an appeal from Grant county district court—affirmed. Court held where! sole question presented is right of plaintiff to judgment notwithstand- ing verdict it will not review alleged errors in introduction of evidence or in charge to jury, or that there is not sufficient evidence to justify a ver- dict for defendant, the court being concerned merely in ascertaining whether evidence shows plaintiff is entitled to verdict and judgment. In the matter of the estate of An- thony James Druhl, et al, minors, John H. Lewis, guardian of Anthony James*Druhl, et al, petitioner and) appellant and respondent, vs. An- thony James Druhl, et al, R. J. Doeb- ler, special guardian of said minors, | et al, respondents and appellants, an appeal from Ward county district court—remanded. Court held home- | stead does not descend to children} except upon death of both husband | and wife; and where there is surviv- | ing wife who later marries and takes, children into another state, home- stead and property descends to de- eedent’s heirs and is distributed in| same manner as property which never | was subject to homestead estates. T. A. Thompson, plaintiff and re- epondent, vs. J. J. Murphy, defendant edge of the purpose for which the warrants were issued, were they properly drawn and signed and were not paid in bad faith or with unlaw- ful or fraudulent intent on his part. Stickler Solution i | @O oo DODO QO@O®O The diagram shows how it is possible to score 21 points—each score coming from a different set of four circles that form a square. Nine squares of circles will be of the size indicated by the circles that contain A. Four of the size indi- cated by B’s. Four of the size indicated by C's. Two indi¢ated by the D’s and two of the size indicated by the upper single A, the upper single E, the lower single C and the EB. 10} | SIDEGLANCES - - - By George Clark SALESMAN SAM | UMP’ TuBos, Sama! TH’ OusT , (s AN INCH THICK AROUND HERE! weice 1 GONE GET BUSY WITH | TH FEATHER DUSTER! - YOU'D BE GLUM Too, |/ WHY, wRaT HAVE } I'S NT nL, IF YOU'D HAD A RELATIVE |]/POP AND 1 BOOTS AND HER BUDDIES 1 SPOSE TT HAS TBE, AROUND A PLACE UKE We — BUT, Good. cos !! You! 1 THINK ‘TS A LONELY TH AN ANTIQUE cH WORTH $715 Very Handy! No buster HERE! / CAN'T FIND TH’ DARN THING / HEY MISTER, WANNA ‘EARN A BUCKS I WOULDN'T SAY] { ‘YES. BUT BEFORE SHE THAT WAS PUT US WISE TO NNHAT {T WAS WORTH, WE TRADED IT To MRS. ROACH FOR A KITCHEN ates STOOL 1 PRESENT?- YOU ¢ YOUNGER GENER RTLON WoW Just FOLLOW Me AROUND Tee I OUST EVERYTHING OF@! 1 vont came wow IS Ww’ ROYAL PALACE