Omaha Daily Bee Newspaper, March 17, 1887, Page 5

. 4« With process in a civil action ntil | DOINGS 1§ SUPREME COURT. A Targe Amount of Business Transacted By the Btate Tribunals THE DECISIONS HANDED DOWN. A Oaee Decided of Interest to the Medical Profession—Happen- ings in and About the Capital City, | FIOM TIE BEF'S LISCOLN RUREAT.! ‘The supreme court, at its session yes- ferday, transacted a large amount of i the eall of cases in nth judicial d 1 er of opinions wers down, the proceedings of the as follows J. arge o handed Ay being mitted to nuary term, as admitted ney general vs Burr, ent Lo practice sct sentence suspended. suspended; ab- e vs Clarke; $100 litem. x rel ternative writ al- allowed guard Hymer vs N Jowed, The following causes were argued and submitted Western etc Co. vs O'Neill; Fulton vs rllowing rule wi Rule 28, In all crimi to this court, where it apy court below has sentence or, 1t is and judgment pe ther order of the urt; and it steall be the duty of the clerk to endorse such suspension upon the transcript filed in said se and im- mediately Tl thereof to the officer charged execution of said sentence, Court ndjourned to Tuesday, March 22, 30 a. m,, when docket of causes ghth judicial district will be ith the following deci Denton vs_ stal rror trom Washington county. Judgment of district court re- versed, motion to quash complaint sus- tained, prosecution dismissed and defend- ant discharged. Opinion by Reese, 1. The complaint under which plaint:iff was convicted, charged that at & place and time named, plaintiff in error did ‘‘commit the offense of pras- ticing medicine, claiming to be a physician, in violation of the pro- visions of chapter 55 of the compiled statutes of the state of Nebraska, in this, that having registered under section of said chapter he was not entitled to mmake such registration or to practiceas a l:hysmiun. not being possessed of any of he qualifications 1n section 4 of said chapter,” ete. It was held that the com- plaint did not state facts sufficient to tonstitute an offense, and that the ac- E\mod was improperly placed upon his ons were filed: rial thereunder. arbor vs Boehm, Error from Hall county. Aftirmed. Opinion by Reese, J. 1. Questions of fact and upon conflict- ng testimony are to be tried by the trial court, or jury, and a finding or verdict will not be set aside on the ground of a ‘want of suflicient evidence to support it, ‘mlnsu the want is 88 great as to show hat the verdict is manifestly wrong. 2, A promissory note given for the remium on an insurance policy issued y an insurance company which had not omplied with the laws of the state in fil- ng its statement and procuring the cer- tificate of the state auditor, authorizing fit to issue policies, is void as between the arties to the contract and cannot be en- ced. Ips vs Stocking, Error from Saunders county. Keversed and Judgment entored in favor of plaintiff for the amount of the note and Interest. Opinion by Maxwell, Ch, J. Reese, J., having been ‘of counsel, did not sit, 1. Where a promisory note, payable t W ., was duly presented to the makers n the last day of e, and demand of ayment made, which was refused. Held, hat & notice received on the following n{ b{ the endorser, who resided a few iles from W., was within a reasonable mi 0, 2. That where the endorser receives his mail at the place wnere the note is ayable, & notice of non-payment, ually received by him through the ail, on the day following the last day of arm is sufficient to charge him as en- orser. loodman, Bozue & Sherwood Co. vs Pence, Avpeal from Hall county. Judgment moditied as to granting lien ana costs. Opinion by Maxwell, Ch. J. 1. Held, that a preponderance of the testimony sustained the finding of the ourt below as to the amount due from e defendant to the plaintiff, 2. A mere inchoate right to a me- ehanic’s lien is not assignable, such lien passes with an assignment of the debt &x‘uy where it has been perfected under e statute. 8. Whe ustice of the peace has urisdiction of the cause of action, and s brought in the district eourt, the plain- iff will not be entitled to recover costs. Purran v Purcival. E:ror from Clay county. The defendant in error has leave ‘within thirty days, to remit $500, and on condition that such remittitur be made the Judgment of the district eourt will be aflirmed. Opinion by Maxwell, Ch, J. 1. Where objections are made to cer- n jurors, and the record fails to show hat the party exhausted his peremptory the objection will be una- ailing in the supreme court. 2. A witness cannot be cross-examined m to one independent collateral matter no way connected with the subject of the action in order to show contradictory statements made by him, for the purpose f impeaching his credibility. 8. The sale of intoxicating liquor in a saloon may be proved by circumstantial pvidence, and where the circumstances establish such sale the jury will be justi- "¢ fled in disregarding the positive assertion Et the bartender that the liquor sold by im was not intoxicating, 4. An instruction that ‘if you shall find from the evidence that the deceased went into the saloon of the defendant, ana that the business of the defendant was to sell ntoxicating drinks, and that feceased was sober when he went into the saloon, and that he came out of the saloon he was intoxicated, these facts s‘lis\v u presumption that such person ob- ined intoxicating liquor in such but such presumption may be o by the proofs and cireun ou shall find from the evidence that de- eased did not procure lhiquor from tl; @efendant that caused him to be into: #ated, or that contribted thereto, you whould find for the defendant.” Held, "ot erroneous = 6. Instruction referred to in the opin- Held, properly refused. Damages. Held exce and leave Esll for his appearance at the nex of the district court of such couniy, Who in pursuance of such bnil sad court at the time and place and who upon the trial is dischar, mot liable to be served in such county A B re onable time has elapscd to enub! 4 to return to bis home. : The immunity is not confined to wit- , but extends also to parties. vs Kubn, A from Douglas county, Aftirmed. l‘l‘n‘l‘cm by Cobb, J. 1. Aun action for relief on the ground of THE OMAHA DAILY BEE: THURSDAY, MARCH 17, 1887, 5 frarid may be commenced at any time within four years after a discovery of the facte constituting the frand, or of facts sufl to put a person of ordmary i telligence and prodence which, 1if pursued, would vovery. An aetion by a jun to redeem land on an inguiry to such dis- incumbr sution ot stion for ly nt 20, 10! ¥, VS from Stanton county, Opinion by Reese, J. ed its petit n error on the y of February stuce which thi J ng shown for the dela) ant is entitled under rule four to a al of the petition in error. ABOUT THE CITY. The Democratis at wo edition that is prom and which undoub! dism upon a boom ed for Monday next dly will be one of tising medioms ever put ess for the direct benefit of Lincoln. e Democrat prom an cight page paper that will be the direct product of three weeks' hurd work on the part of the speciul men engaged in the g:ruund for the ick the dorn it. arge number of Lincoln citi- sterday attending ., n large ority of the membcers of both houses 2 in sttendance, Business at the capitol Iulildmfi nside from supreme court, was very !gm. There was aripple of e © ?v sterday over the q culars sent out calling for a citizens’ meeting in the evening. 'he movement was 80 traneparent on its face and in whose di interest it was worked that tha prevailing opinion was that it would not work. The city of Lincoln has be- come too large to be fenced in by a and parceled out under an alleged citi- zens' meeting. It is stated that the grounds and resi- dence owned by *‘Lord Jones,” the dence being the identical one built years ago by Governor Butler, has been sold tothe' B, & M. railroad company for a handsome consideration. This property was lurmerlg outside the city, but the rapid growth of Lincoln has changed it to very desirable inside property. County Treasurer Campbell, " of county, was in the city yesterday trans- acting business at the capital. Mr, Camp- bell has recently visited Wichita, Kan., and he states that Nebraska towns have no idea of agreat big boom in compari- son with that place, where ground sells at $2,000 a front foot. ‘The K. P. boys of Apollo division are busy at work perfecting themselves in the drill and on May 1 they propose to attend the Kansas grand lodge at _Atchi- son and make it lively for the Kansas diyisions and the grand prize. Secretary of State Laws is at home and an duty again after his business visit to McCook and western Nebraska. ‘The real estate dealers are pushing tho boom with renewed energy and the con- stant arrival of men of means from the east makes investments active and the range of prices constantly increasing. —_— Stanton and The President. We ?uo!c the following anecdote from: 'Recolections of Secretary Stanton,” by aclerk of the war department, in the March Century: “When Mr. Stanley of North Carolina, was appointed military governor of his state, the secretary of war caused to be filled out one of the blank forms used for notifying military nominees of their appointment to office by the president, and when he had signed it and caused the seal of the de- partment of war to be attached to it, he concluded that it would be well to have the signature of the president affixed to the instrument, He sent the commission to the white house with the request that the president would sign and return it immediately. Mr. Lincoln took the docu- ment and read it over carefully, and then began turning and twisting it about, as though in search of something. At last he handed it to the bearer and said, ironically: “‘Did Mr. Stanton say where 1L was to put my ature?’ *‘No, sir,’ replied the astonished clerk. “ ‘Can you tell me,’ asked the presi- dent, ‘whereabouts on this paper I am to put my signature?’ The clerk looked at the commission andsaw the ample signa- ture of Mr. Stanton immediately at the foot of the body of the instrument with the counter-signature of the adjutant- general to the left. He saw also a neat, snug-looking white space beneath the sign-manual of the secretary of war which Mr. Lincoln might have ~occupied to advantage had he seen fit, but the clerk was politic and replied: ‘I don’t see any place provided for your signature, Mr. President,’ and was proceedinggto explain how the omission obviously came about when the president interrupted him and said in a dignified tone the paper back to the secretary of war, with my compliments, and say that the president will pnmpt'ly sign any proper commission that may be sent to him for Governor Stanley or anybody else.’ ared with etrict rogard to Purl bt ratnma, DE. l'riflmkmx?flmfidfi 7o AmmOninLdmeAlum or Phosphates. Dr Pricos Extioets, Y andln Lezions etey Bavos dolbouay, 2 AL ’ ada tloulars in lotr. VesTilesers NAME'PARER, Ulikter ohe (ALFORNIA™3258 SIGLER'S Grand Pullman Car Excursions, Pcrassnally conducted, leave Chicago, 8. Loul Kansas City, Omaba and other Western Cities wonthly, for Califoraia over the C. B. & Q. and the of the world. For cash. A paeNm e Co. 08T aB1tle st Chisegn PULLMAN PLACE LT T T T SR N SN PULLMANPLACE FREE TRAIN. PULLMAN PLACE! SATURDAY, MARCH 19th Pullman Place ’l l | NN NN VNN RN PULLMAN PLACE 0 FOR SOUTH OMANA AFree Train, a Free Ride for Everybody. FREE TRAIN. PULLMAN PLACE Saturday, March 19th, at preciscly 10:30 o'clock a. m., a free train will leaye the B. & M, passenger depot and stop in exactly eight minutes after leaving depot at Omaha's new suburban addition, “PULLMAN PLACE." The B. & M.’s Ashland cut-off runs di- rectly through *‘Pullman Place'’ near the South Omaha packing houses; and the U. P. R, R. runs east of it, thus placing this addition between these two immense trunk lines of railway. 1n order to give home-seckers and specnlators an_obpor- tunity of viewing what is bound to be the “King Bee” addition to Omaha and South Omuha, we have chartered aspecial train of six coaches which will be run to and from “PULLMAN PrAce' FREe oF CHARGE on the date above mentioned. The price on Pullman Place lots are low and terms easy, being 1-6 cash and balance to suit. e do not ask you to buy a lot unless you think it is money in your pocket to do 80, but we are bound to give all a chance to see this splendid addition rrEE. Come overybody, bring your famulies and take a spring airing. Remember the date, Saturday, March 19. Free traln leaves promptly at 10:30 o'clock, &. m, GIBSON, AYLESWORTH & BENJAMIN. 1512 Farnam Street. SATURDAY, MARCH 1th Pullman Place ViV § S e pisciaser - atior THIER WEERS 1if not found RFECTLY SATISFACTORY respect, and its price refunded by seller. variely of styles and prioes. Bolmliy Orywhors: Bewaro lon Jnlncwum El“ STR way, “";Ei’%.‘}"’! 202 FRANKLIN 408 Broad WHISKE e eines Do Ll":“ PERFECTS DIQESTION W. L. WALLING, Bur Chief, National Guaré article in my pract Bud 18 very satistastory.” BEWARR 0 The Geantns has BISNER & MENDRLEON o Label EISNER & MENDELSON, o ol 316, 318 and 320 Raoe Sk, Philadelohia. P Goodman Dm.%(h.,ueul.Agaét‘tokmhu ebraska. WoodbridgeBrothers STATE AGENTS FOR THE Decker Brothers PIANOS. OMAHA, NEBRASKA. ©ne Agent (Merenant only) wanted in LS n TANSHEGNCE 5¢ 1) o0 nclaraoHon: the bays arp Setoning st ALVORD & FORKER, Di , Bidora, Is. ‘Tausill's Punch” is the best cigar we bave evergold for the money. G Rirran & Co., Neosha, Mo, ADDRESS, R. W. TANSILL & CO., CHICAGD DEAFNESS c.ctousiittiotidaty ot dw ome hy one who was deaf twenty eight 128" ¥ihout, Dondar, eired. Mnkelt in’ ores then hund ocn mself in months, and since reds of Full ioulars sent on application, T. PAG! ‘ork City. town for + No. {1 West31st 8¢., New Y Display at their warerooms, 1305 and 1807 Farnam Street, the largest assortment of Pianos and Organs to be found at any establishment west of Chicago. The stock embraces the highest class and medium grades, Including STEINWAY, =—P—I=A=fi=6§ FISCHER, LYON & HEALY BURDETT, STANDARD, ==O_B=§=AN=LYON &HEALY Prices, quality and durabllity considered, are placed at the lowest living rates for cash or time payments, while the long established reputation of the house, coupled with their most liberal Interpretation of the guarantee on their goods, affords the purchaser an absolute safeguard against loss by possible defects In materlals and workmanship. LYON & HEALY, 1308 & 1307 FARNAM STREST: DEWEY & STONE FURNITURE A magnificent display of everything useful and ornamental’in the furniture- maker’s art; at reasonable prices. “HOW TO ACQUIRE WEALTH.” One Year NO BLANKS. BIG PRIZES OR RE\VARDS! HE ACC UMULATED INTKREST MONEY DIVIDED AMONG A FEW LUCKY BON Million Distributed Every ! MOLDERS EVERY 3 MONTHS. Only $4.00 required to ‘secure one Royal Italian 100 francs gold bond. These bonds participate in 225 drawings, four drawings every year and retain their original value until the year 1944, Prizds 6f 2,000,000 1,000.000, 530,000, 250,000, &c. francs will be drawn, besides the certainty of receiving back 100 francs in gold, you may win 4 times every year. This is as afe, and the best, Investment ever offercd, as tho invested money must be pald back ® 1 bond matures. 85 ' BERLIN BANKING CO., 305 Broadwny, New York Cit e 1%‘1' B.—Those bonds are not lottery tickets, and the aalo is legally permitted in the U, !; law DR. OTTERBOURS, i g 2ot OXYGEN yolhute, Cer. Omaha, Neb. ol BR0RCHITIS, MAY FEVER CAT/ e e R SOUTH OMAHA Beautiful Residence Lots FOR SATH Also Business Lots LOOK. On the large map of Omaha and observe that the two and one-halt mile belt from the Omaha postoffice runs south of scction 33 and through the north end of South Omaha. TAKE A STRING And pencil, then get one of J.M. Wolfe & Co's maps of Omaha and South Omaha combined, PUT YOUR FINGER On the string at 13th and Farnam, Omaha's busines center, and your pencil on the string at where Bellevue street enters South Omaha f£rom the north. THEN DRAW A circle and note wher) SOUTH OMAHA Is, and also that many “Additions," “Places” and “Hills" are far OUTSIDE This magic circle. THEN STOP . And think a minute what will x;ml;e outside property increase in value? THE GROWTH OF OMAHA Is all that will enhance the value of real estate other fthan) atj South Omaha. Atthe latter point we have three important fostors to build up and make valuable the property: . First—The growth of Omaha, which has and always will follow the transportation lines. Second—All the great railroads center there, thus making it the best manufacturing point of any in ornear the city, Third— THE IMMENSE STOCK YARDS INTERESTS Dressed Beef Business and Pork Packing Industry Will make a town of themselves. SEVERAL NEW PACKING HOUSES Going up this year. A Gigantic Beef Canning Establishment To be put into operation at once, Y OU FOOL Away your day of grace when youdo not get an interest in South Omaha before a higher appraisement is made. The best locations are being taken Make your selections now: Lots that so/d for $300 in 1884 cannot now be bought for $3,000. THX VIADUCTS Over the railway track will make safe and splendid thoroughfares hetween this city and South Omaha. A STREET CAR LINE Will run to the Stock Yards this year. The minute it does lots will dou- ble in value, as this will afford quick and cheap transportation either by Dummy, Cable or Horse Cars. For further information, maps, price lists, and descriptive circulars, "~ C. E. MAYNE, Agent for the South Omaha Land Company N.W. Cor, 156th and Harney.