Omaha Daily Bee Newspaper, October 19, 1887, Page 5

SUPREME COURT DECISIONS. An Unusually Large Batch of Log‘nl Procedents Filed Yesterday. DISPUTING OVER A CHILD. Ylabeas Corpus Proceedings By o Father to Get His Eleven-Year- 014 Daughter—Other Court Notes - Brevities [PROM THE BEE'S LINCOLS DUREAU.] At the session of the supreme court, yesterduy, the following causes were dismis sed: Omaba Horse Railway com- pany ve Putrick; in re board of educa tion of Omaha. The following causes were argued and submitted: Harring- tfon vs Latta, Hongland vs VanEtten, Bchaller vs Omaha. The following decisions were filed: ‘Worthington vs L\\u.. s. Error from Lan- castor county. Reversed and action dis- missed. Opinion by Maxwell, Ch J. ‘Where tho testimony siows that a party §s in possession of real estate under a con- tract of purchase, an action of forcible entry and detainer will not lie to oust him from such posscssion. Dawson vs Dawson, 17 Neb, 6715 C. B, & Q. R R. vs Skupa, 16 1d., ‘ * vs Rolph, 13 1d., 3 Pettit vs a vs Continental TInsurance com- Error from Douglas county. Judg- of district court reversed und judg- ment of justice reinstated, Opinion by Max 1, Ch. J Where a defendant appears without cess bofore u just fesses judgment in assent of such c ustice jurisdiction, but whe ¢ L rought an action against a debtor to recover & specificd sum of mor upon a certain claim, and the debtor appears before tho justico and confesses judgment for the amount claimed and costs, the assent of the plaintift will o, and to entitle him 10 have the judgment set aside he must muke it appear to the justice that he has been pre- }unlu ed by such”confession, lolines vs Shimer. Appeal from Lancaster county. Affrmed. Opinion by Reese, J Plaintiff all employed de certain real pro- of the peace and con the P 1o give and cal a third party who was an intimate friend; that soon thercaftor the holder of the legal title conveyed it to S, who for the purpose of deceiving plaintiff withheld his deed from record und suppressed the fact of the pur- chase from plaintiff. The all ions of 7 and fraudulent intent and action were In an action against S. for a con- voyance of title to plaintiff, it was held, that the controlling question in the case was oneof fact. Was S. employed by H. as his agent for the purchase of the property? The finding of the trial court upon this question, upon a sharp confiict of testimony, being in favor of the defendants, is decisive of the , Cass county. Er- Atdrmed. Opinion 3 Al maxim “Lapse of time docs not bar the right of the state” ean only apply in favor of the sovercign powor, and has no application to school districts or other munie- ipal corporations deriving their power from the vercign, The statute of limitation runs for or against school districts in the sume manner as it does for or against individuals, The caso of Brown v. Otoe county, ommented upon and distinguished. 0od v8 Peregoy & Moore. krror from Aftirmed. Opinion by Maxwell, Where an action was brought against cer- tain persons as partners for goods ulleged to have been sold and delivered to the firm and a preponderance of the testimony tends to show the existence of such partnership and the liability of the firm for the goods so pur- chused, o judgment of the district court lege tners for such goods will not 3 s being against the weight of eviden: Newman vs. Bdwar ty. Reversed Opinion by Maxwell, Ch. J. in au action by a plaintiff to have a eclared & mortgage to securo 0 debt and $400 to be thereafter advanced, the defendant answered, admit- ting the debt, but denylng the agreement for future advances, and alleging that the deed was intended a8 a conveyanco upon an ade- quate consideration, consisting of board, ng and scrvices rendercd by the de ut to the plaintiff, in all of the value of §700. Held, That the'proof failed to estab- Jish such cc wtion and - the plaintiff was entitled to Williams v ‘nbary. Error from Cass county. Reversed. Opinion by Rees 1. Wherein au action of replevin juc native form is rendered the plaintiff, and on ution being issucd he points out to th - huving the exo- cution, the propert wcept the wice with the judgment, which oner by dircetion of defendant’s .y refuses, and by the order of such ¥ returns the exceution not satisfied of property whercon to levy; files with the clerk of in which udgment was '«d an offer to urn the prop- riy, und which offor is accepted upon co dition that all the property is returned b Plaintif to defendant, but the offer is attempted to be withdrawn soop after the Aling of the aceeptance, it was held upon a #lea in abatement to proceedings in error 3 ited in the supreme court by plaintiff, hat the filing of the offer and of the condit &onal acceptance did not constitute a waiv wf orrors by plaintiff, nor satisfy the judg- ment, the conditions of the acceptance not being agreed to. 2. Where an officer attaches property is subsequently replevined from him by jzer who clnims title and the right to ion, and such officer secks to justif; s attachment pri it is incumbent upon him to _prove au thority by theorder of attachmient, in order to show his right to possession and the measure of hisdamages, if su ful in the suit. 3. In au action of roplovin against a sherift ad levied upon the property in contro- the shoriff by his answer (o the plain- Petition denied generally the allegations of the petition, and also plead afirmatively his oficial character and justified tho seizure under an order of attachment, alleging tho ownership of the property to bein the attach- ment, defe t. It was held that the inconsist al court, ov defendant to elect vhich of the defenses set up in his answer he would proceed to trial, was correct. 4. Spoecial findings of a jury must be con- sistent with each other upon ‘material ques. tions and incousistent with the general ver- dict_before s trial court will be justified in rendering judgment upon them, rather than upon the general verdict. Alexander vs Overton, Error from Otoe county, Reversed, Opinion by Cobb, J An action on the official bond of a county treasu ainst such county treasurer and his securitic tain lands f U taxes, which sale is alleged to be void for want of legal proceed- ings by the said county treasurer and other tuxing oficers, as to the time within the same may be commenced, comes Wwithin the provisions of scction 14 of the code of civil procedure, and may be commenced at any time within ten years from the time the cause of uction acerued. . Atwood vs Keuuard., Error from Lancaster Aftirmed. Opinion by Maxwell, the sum of plaintift court AS CORIUS CASE, us the time set for Iy ing a habeas corpus case in the county court in which Clarence M. Ellsworth secks to recover the custodyof his child, Ellsworth, a miss of some twelve summers., Some three y 8 @ the mother of the little girl died and Elder Howe, the city missionary, took the child in charge and procured it a home in the family of a Mr. Davis. These foster parvents have becomo much tached to the child and are loth to give hor up to her father, who lately muarried agnin and socks to get the child into his own custody. BRIEF ITEMS. Otto L. Rice, of Grand Island, Henstudt of Portal, Sarpy county, Wil- THE OMAHA DAILY BEE Latest Quotations from the Misfit stock Market 1119 Farnam street. The longs badly squeezed. The shorts have everything their way. Outside buyers throng the Misfit Parlors, whilst city consumers buy more than average amounts, Misfit suits find ready buyers at short prices, Original tai- lor prices being cut in half. Misfit overcoats, medium to extra fine, are fast sellers. Astrachan and for being favorites. Pants are steady, with increased demand for New York styles. Full quotations below, with extra announcements for the week. MISFIT SUITS. liam P. Saunders of Beatrice and W, B. Vansyoe of Broken Bow, Custer county, were yesterday eommissioned notaries public by Governor Thayer. Among the recent divorce cases filed in the district court is that of James D. Jones, who asks legal separation from his wife, Lizzie J. Jones, who, it is claimed in the petition, has ¢ rted him and made 11)‘ a burden, State Veterinarian Gerth, panied by Commissioner nhart, de- irted for the western part of the state yestorday in answer to numerous calls for them. Captain TTumphrey, the cheap candi- date for judge in the First district, was in Lincoln yesterday, looking as though he expected an elephant to cross his path on election day George B. Wrigh of the [. B. & W, the east yesterday the capital city There isan excellent prospect that the Missouri Pac roand will build a new snger depot in Lincoln the coming r. A structure of this kind is badly ded. The grand jury accom- former president ailroad, arrived from m u business visit to was Dbusily at work yesterdny on a forgery case, the first case taken up by them out of a dozen or more to come before them, To-night the meeting to arrange for the coming season in base ball work will be held at the Windsor hotel. It is ex- pected that Lincoln will come to the front with ample support for the club. The Modjeska engagement at tho Funke opera house was an entire suc- audience being one® of the largest ever gathered in Lincoln. Sol Smith Russell was the attraction last night. Paving, which is progressing rapidly in the first paving district, has been ordered luid from Ninth to Eleventh on P street, the first order mado for work in the second paving district. The police searched the city and secured four par t were wanted for robbing a 3. & M. car at Greewood. The constable of that tr first jury case was called yesterday afternoon tho time »vious to that being occupicd with motions, demurrers and the taking of defaults in uncontested cases. Two runaways added to the excite- ment in the business streets yesterday that . made kindling wood of the vehicles. A LIBEL SUIT FOR TRIAT. One of the casos for trial at the pres- ent term of the district court is the libel suit brought by Leonard King rinst the State Journal company. s is & suit for $5,000 damages brought by King a year ago. It is sct for hear- ing on the 19th and subponasin the case were issued terday. The facts leading to the are that at the Bennett camp meeting a year ago King had some trouble with the authorities at tho grounds and the matter was written up for the Journal in a ser tional manner and derogatory to Mr. King. For the strictures on Mr. Kin in the paper he asks damages in the above amount. e Terrible are the Revenges Upon the system inflicted by diseases of the kidneys and bladde They wreck the constitution more speedily in somo cases than consumption and other mal- adies of a fatal pulmonary type. As you value your life, arrest a fendency to'de- bility, and consequent inactivity of the renal organs should you experience any such. Infuse vigor and activity into the vitally important secretive action of the kidneys with that salutory diurecic, Hostetter's Stomach Bitte The pro- pe of stimulation is imparted by hladder also, when the organ is sluggish. With this timely check Bright’s disease, diabetis, catarrh of the bladder, and other kindred disorders, muy be prevented. Liver complaint, constipation, nervousailmentsand rheus matism are likewise conquerable with this soverign houschold remedy. Against the effcets of exposure in damp or otherwise inclement weather, it is a benign safegnard, and revives strength after undue fatigue —~——— Edison's New Laboratory. Boston Globe: The ily II{\) of a man like Thomas A. Edison is always of interost. 'h week day the youthful-looking inventor is driven to the Orange station of the Lackawanna & Western There he takes a train for East Newu whero his laboratory now is. He works unremittingly among his chemicals and machinery wntil 0 in the afternoon, then he returns by train to Orange. Mrs. Edisoninvariably meets him in the carringe, and, if the afternoon is ple y immense labrato that Kdison is build- ing on ‘the Or Valley road and spend neawrly half an hour inspocting the premises. At night Edison does his studying. He hasa pretty and unique library, in which he ponders the Yroh— lems tnat are o presenting them- selves to his inventive mind, Tt is raro that Edison retires until after mid- night. He says he studies best and v complishes most in those quiet hours in his library. The new labratory that Edison is evecting is unquestionably the finest in the world. It consists of one large building und four smaller ones, ull brick. ~ The entire labratory will be used solely for experimental purposes by Mr. Edison. 'The large building will be the main workshop, and will be filled with machine run by the most powerful engines. hile he will not keep himself as secret as Keely, the motor man, doos in Phila- delphia, it will be hard o obtain admit- tance to the private laboratory. A great feutur of this private laboratory will be a table’ built upon & foundation running down deep in the grouni, and in no way eon- nebted with the building. The idea is to render the table proof against any jar or motion from the machine or any other c One of the other small buildings will be used for metal- Jurgical purposes, and another will be a magnificently equipped carpenter shop. The buildings will cost about $75,000, und will be ready for occupancy inside of a week. Mr. Edison is most interested at pres- ent in his latest and what he considers one the greatest of his discoveries. Reference is had to the process by which the inventor claims he can produce electricity directly from heat, without the uid of & dynamo or batte “Men must work and women weep, So runs the world away!” But they need not weep so much if they use Dr. Pierce’s “Favorite Pre- seription,” which cures all the painful | maladies peculiar to women. Sold by drug, X Sanctity of a hington Post anctity of | a sealed letter is so well secured in this | country,” said Mr. Nash, the superin- tendent of the railvoad mail service, “that if a letter were received at th in Washington, or other postofice in the country tha abso known to contain the dence of fraud, the proof of the im use of the mails, the postmaster gene himself would not dare to breuk the seal, letter passing through the mails cannot be opened by anybod, until it ches the dead-lettor ofti after every effort has bpen made to d liver itin vain, 10.00 1250 15.00 17.50 20.40 220 MISFIT PANTS. W That were Made for.. MISFIT Prince Albert Suits. For £20.00 That were Made to Order for 'SEALSKIN £10.00 L 50,00 00.00 70.00 .00 100.00 OVERCOATS. Made to Ordor for £300.00; Will be Sold for $165.00 w woowos00 W 100.00 100.00 " w o oo MISFIT OVERCOATS Made to Ordor for #18.0 In Astrachan, Chinchilla, For $12.50 That were Mado for UL e Vifll be Sold for $9.25 0.0 B0 60.00 0.0 MISFIT COATS AND VESTS. Plushy, Beaver or Curlaire. 5.00 0.00 0.0 50.00 Our Own Make in Fine Chinchilla, Astra« chan, Canadian Cloth, Plush or Im« ported Curlaine, from $6.50 upwardsy Ferfeet Fitting. Prince Arthur Coats and Vests. For $15.00 That w Made to Order for ..830.00 40.00 FUR-TRIMMED OVERCOATS. Madp to Order for §25.00; Will bo Sold ; pridtgt e R, i X m F IT, & $12.60 16.00 .00 el and Oty - MIESFELT Clothe Parlors [ 1119 Farnam, Between 11th and 12th Streets. EVERY GARMENT IS MADE TO FIT THE PURCHASER FREE OF CHARGE. The Sultan makes his rigid fast of forty days at Ramazar, like any other good Turk, and at the end of the fast he receives every year anew young wife from his mother, nccording o the say of the prophet, orif hismother ho notalive, the oldest woman in the harem presents the wife. This young girl is chosen six months before from among hundreds of candidates, who are chosen in infancy and educated oxpressly for that rurpose, and then some ten or fifteen are and put under a course of purifi with baths of balm of Gilead, and ¢ g tea with milk and rice for th )n'm('i]ml diet. The last day of the t the bride is selected from among the others and led tothe sultan’s room and divested of clothing, and left standing th'we, with bowed head and folded arms, until the sultan enters. Sometimes the Sultan never sees her again, and sometimes the new bride becomes prime favorite. It isnotalways the most perfect beauty which renders the w¥e a favorite, but generally the most intelligent one who gains the coveted position. No ceremony is con- sidered neces: when the Sultan takes o wife. he is considered sufficiently honored by his choice. In the afternoon the Sultan receives his sons. They are brought into his presence by their respective or tutors; and each boy is made {0 believe that whatever he wants he must have. Murad Effendi, once when but five years old, declared that he would neither eat nor sleep until t} had brought a man-of-warto fire a lute in front of the palace, and they had to send for one, gather a crew, buy and take on board powder, and then get through the bridge and come down in front of the palace to fire the salute and scare Murad nearly to death, If during the day a new son arrives the news is announced to the Sultan, who, bored though he may be by the constant repetition of the vs of new avrivals, must give order that a salute be fired at Tophane first, and then on cvery fortress in Tur seven guns for a girl and twenty-one for a hoy. The slave who first reach the Sultan with the news receives a handsome present, and then the monthly nu who v power in a Turkish as well as a poor American’s home, brings the new-born baby for the sultan to look at. She also rec uable gift. The event means much to th mother, for it often lifts her from slav- ery to the position of legitimate wife- hood. The sultan shows little affection least, for his children, The Sultan has over 6,000 souls at- tached in some manner or capacity to the palace and in his personal service, uside from the soldiers, and the amount of money the Sultan orders spent duily would bankrupt England in a month ,as he ismnot very good at caleu- lating, and his chief cunuch, cham- berlain - and treasurer are, they put their heads together and cut down everybody's expenses but their own, and of la s an effory has been really made toward economy, though still volumes might be told of how money is lavished, for ¢ i must have her own =¢) ment and each as good each new child its tutor and all the and his imperia mored, nurse s of the sultan must be hu- pric family The pro- duct of the moonshine stills does not get out of the mountain country very much, most of it being consumed by the farm- ers of that section, who prefer it to any “manfuc’ article which they regard as poisonous. The fact is, moonshine whisky is the finest liquor made in this country. It is l.mlunfi) free from the chemical aduMerations that are put upou . the market *systematically by ght almost might say so her o t goes from the mainly in jugs. The moonshiner keeps his store of whisky in the blue barrels, hid aw in the woods; but it does not take long to fill a jug when a customer comes around. Quite a large portion of it is distributed through the “blind tiger,” which isa cabin or house where the man who wants your whisky stops to make a peiablo eall on the folks about tho fire- de. After satisfying them that they an trust him, he asks fora drink of whisky. Heis then led intoa vacant room or passage way, and there at one end finds a small opening in the wall large enough to admit a good z tumbler of whisky. In front of this hole is a small shelf, The_visitor puts down a picce of money. Ina moment ahand appears inclosing a_well filled i le corn whisky, which glides forward on the shelf. The hand and money dis- appear and the whisky is yours. i s Unsuspeeted disorders of the kidneys » responsible for many of the ordinary iiments of humanity which neglected, develop into a serious and fatal malady. Lxperience would suggest the use of Dr, H. McLean’s Liver and Kidney Balm., L e B The late King Oude ruled wihth ahso- lute sway the 7,000 retainers within the domam of his palac and he held among them an «-[ulmmiw court with all the magnificence and pomp the Orental imagination sould devise. He was a clever musician, a graceful dancer and a poet of no mean ability. dics e A8 A remarkably handsome woman is said to be the moving spirit in a philan- thropical movement in Russia to supply the poor of that country with Dr. Bull’s Cough Syrup. In chronic and stubborn cases of neu- ralgia, gout and rheumatism use Salv tion Oil. It is the greatest pain-de- > only 25¢. Servia, Bulgaria, and Ro mado of bullock’s hide or leather, which are simply a flat picee of wher drawn over the foot all round and fastened by leather thongs or biveh bark crossed over the leg, which is i cased in either stogkings or o red eloth, are won by the pea FOLL WEIGHT PUR supertor excellence s for more than u qu sed by the United Stat s th t Dr. Price ing Powder th of contain Ammonta, Lime or Alum cans. o PRICE BAKING POWDER (X New York. Chicago. ven in mil o ce Toes Sold only Do St. Louls. $150,000 0 t i-a CAPITAL PRIZE, “We do heraby cortif. ents th om| o the driwings th 1oted with ho L ull parties, nnd wo fmpany to thiy certifichte with jniiles Of our signature at 1 SSIONERS. We, the undersiznod 1 Prizes drawn in the Louisian wiy be presented at our counters. J. 1. OGLESBY, Pras. Louistana National Bank, PLERRE LANAUX, Pres. Stato National Bank. A.BALDW Orleans National Bank. CARL KOIL nion National Bank. UNPRECEDENTED ATTRACTION. OVER HALF A MILLIONDISTRIBUTED Louisiana State Lottery Company. Incorporated in 183, for 2 years, by the Legislatura for educational and charitable pur with & cupi- ve fund of over Bankors will pay all o Lotteries which m franchise ade n purt of the pr A r vote its t constitution adopted cndorsed by the X OF POStONes. Single’ Number Drawings take place S pnual Drawing regularly i1 A FOR- rand Drawing, Class K. in the_Acad- Tuesduy, Octobdr 11, 1857 —2nth Monthe CAPITAL PRwl‘ZE,‘ $150,000. Notice--Tickets are Ten Dollars, Only, Halz $5; Fifths, $2; Tenths, §1. LIST OF PIIZES: 2 LANGE 170 Prizes, amounting to 85,00 ates to clubs should be made only iy in New OFleans full LXPress (L Our e Niw ORLEANS, LA, OF M. A. DAUPHIN, WARHINGTON, 1. O, Address Registered Letters to NEW ORLEANS NATIONALBANK, NEW ORLEANS, LA, iy can possibly nized by the highest Fanonymous schemes. thils paper. THE CAPITOL HOTEL LINCOLN. NEB. The best known and most popular Hotel in the fiate Tocation centrul, Appoiniments Airstclasa Headquarters for commercial men and all poiitical wud public gatherings. E.P. ROGGEN Proprietor. FOR PLANTING TIMBER GLAINS, 10c per Ib per 1b Tocust Seed. fan Mulberry Soed, 150 per 1h a Soed, 100 per Ib Also wll kinds of Fruit and Forest Trees for sale, Ad Shehan h Nursery, D 5. LAKE Tetor, SHENANDOAH, 1A, Tnported wnd bott er & Co,, Cincinnati, 0. ing dealers: Ri & Co., Adle Bros. & Co., Bample Hott iurdson Drug Co., Hel ok Déllone, R. It. € s Free ——OFFICIAL— Ask your retaller for the or the according to your need; ON 1 Poaitively none g d price appear plaluly dealers, in ore profit, will ree oods’ with wh s $2 5toe for Loys r83. JAMES MEANS & $3 Shoe and Is absolutely tie ¢ e easily within your reach in any state or rd, mentioning thi 1 Lin OUNCIL BLUFFS ivans, 412 Broadway. through errars and bad M. Wollstéin, Huyward Bros., 407 MEN""C””-DREI\U_ MIHALOVITCIS HUNGARIAN - Vletch salo by the' follow- I Blak 1co Glidstone otte. J. B. HAYNES, STENOGRAPHER, Third Judieial District, JAMES MEANS $4 SHOE JAMES MEANS $3 SHOE shoes which Cailed at HOK Is the origl- 106 of . tory If you aper. In B, Boston, Mass in OMAIA 8. Miller, outh by Sargent & Y HGOD, Youthtul, Impr. LOSTE'.!ME:?&‘,’.E.M‘:'N‘.(‘;.‘W.ISE:.’., ructices % w150 GOLDEN SBEAL C0, 19L0cust st bt. DRS. §. & D. DAVIESON, 1707 Olive Street, St. Louls, Mo, Of the Missourt State Museum of Anatom it Louis, Mo., University College Hospital, don, Glosen, Germany and New York., Hav devoted their attention SPECIALLY T0 THE' TREATMENT QF Nervous, Chronic and Blood DISEASES. More especially those arfstng from im dence, nvite allsh suffering to. correspond Widie out delay. Dixcuson of Mfaction and contnglon cured safely and_speedily without use of da gerous drugs. Patlents Whose casos have bool neglected, badly treated or pronounced imcure able, should nof fail to writo us concerning thoty symptoms. All lotters recoive {ipmodiyto uitons JUST PUBLISHED. And will be mafled FREE ce tion. ny address on re- it of one 2- ractical Observas tion,” to which is added an rlagh with tmportunt chiap uses of the Keproductive Organs, the wholo forming valuable medical treatise’ which should be rea by all young men. Address DRS. S, & D. DAVIESON, 1707 Olive St., 8t. Louis, Mo, Neb, National Bank TU. 8. DEFOSITORY, OMAHA, NEB. Paid Up Capital, $28,000 Surplus, - 08 H. W. YATER, President, Vice-Prosident, Huanes, Cashieg DIRKCTORS. JORN 8. COLTING, Lewis 8. REED, A. E. TOUZALIN, W. V. Monse, H.W. Yares, Banking Office— THE IRON BANK. Cor. 12th and Farnam Sts, A General Banking Business Transacted, Proprietor Omaha Business College, IN WHICH 18 TAUGHT Book - Keeping, Penmanship, Commercial Law, Shorthand, Telegraphing and Typewriting. Send for College Journal 8. E. Cor, 16th and Capital Ave, wweme SCIENTIFIC e 2 0eX i) GLUCK & WILKINSON, . SteckPiano Remarkable for powerful sympa- thetic tone, pliable action and ab- Bolute durability. 30 years record, o hest guaranion of (e Tonce of thess instriments, WOODBRIDGE BROS.