Omaha Daily Bee Newspaper, February 11, 1895, Page 7

SPECIAL NOTICES Advertisements for these cotamns will he Aken ool 12:30 p. m. for the evening and untll 8 p. m. for the morning and Sunday edition. Advertisers, by reqoesting a numbered check, can have answers addressed to & numbered letter in care of The Hes. An- #wers #o addressed will bo delivered upon presentation of the cheek only. Rates, 11-%¢ n word, first inwertion, Yo a word hereafter. Nothing tuken for less than 250 for tirst insertion Theso advertisements must run consecus YOUNG MAN, 21, STENOGRAPHER, TYPE writer and bookkeeper, employed by the Penn. . R., Philadelphia, desires to locate in west A1 tet. Address G 62, Bee. A—M52 12¢ WANTED—-MALE HELP, WANTED-500 MEN_AND TEAMS TO SELL our fead grinders. Salary $75 (0 300 per month, according to The Litchfield Mre. clnter City Co., 70 ability. Towa. SALESMEN WANTED, TO HA 1ine of cigars. Salary and expenses. Answ with ‘Feferences. L. L. Putnam, Albion, M STENOGRAPHERS, BOOKKER! men_and tenchers disiring positions’ in T are Invited to address the Texas Husiness reau, J: W, Hudnall, proprietor, Dilas, —————— e WANTED—FEMALE HELP. WANTED, OIRL, FOR GENERAL HOUSE- worl; must be a_first class cook; German preforred; wages $5.00. City referénces = re- quired, 116 8. 82nd ave. C—419 WANTED, GIRL FOR GENERAL HOUS worl, must be a good cook; references re- quired. 1130 So. 2 st. 502 9 WANTED, GIRL, FOR GENERAL HOUS! Work. Mrs. J. 11, Dumont, 3642 LaFayetio ave. UMb WANTED—-AN EXPERIENCED WOMAN TO {ake cntire care of an infant; young or inex- perfenced women need not apply. Ieferences Will be required. Call at Southeast corner 2ith and Ho C—582-11 LADIES TO DO FANCY WORK AT HOME; $10,00; stoady work: no canvassing; send dlework Co., Delray, Mich. R CIMIANE SO TS o 0.2 2 FOR RENT—HOUSES. HOUSBS, F. K. DARLING, BARKER BLOCK. D308 FOUSES IN ALL PARTS OF THR CITY. THE 0. I. Davis company, 1605 Farnam. _ D.-309 HOUSIS; DENAWA & CO., 108 N. 16TH 8. OUSE OF 9 ROOMS AND BARN Inquire at 422 So. FOR RENT: on Park ave, FOR RENT—6-ROOM_COTTAGE, IN GOOD ¥ palr, city water, $10.00 per ‘month to goor pirties, 119 N. 37th, 1 block from Faraam car line. Inquire at Stoetzel's stove store, i D313 TURKISH BATHS. PLEL LAY Il YHATHAAY JOAGVION THE WA AVTAWO THE OMAHA DAILY BEE: MONDAY, FEBRUARY 11 1895 TURKISH DATHS; ONLY PLACE IN CITY exclusively for ladles. Buite 109-10 Bee hld& PERSONAL. ELECTRO THERMAL BATHS, Mime. Post, 31t 8. Toth st MASSAGE, chiropodist. THE BELLE BPPERLY CORSET, MADE TO order from measure. 1919 Farnam' street, SKATES GROUND, HOLLOW OR PLAIN, AT 106 8. 1th street. —831 D. HASS, FLORIST, PLANTS, CUT FLOW- ers. Banquet, hall, residence and grave decora- tlons. 1513 Vinton ‘streot. Telephone 776, M. O. DAXON, W2 N. 16TH. = OMAHA BICYCLE CO., 33 N. 16TH &T. STERLING BICYCLES: BUILT LIKE A WATCH Western Eiectrieal Supply Co., 3 €. 15th st Ry A L DEANE & CO., WHOLESALE AND RE- tail bicycles, 1116 Farnam street. 191 WILL BARNUM & BRO., 1714 CAP. Avfiw“ LOBT. LOST-HEART.SHAPED CHARM AT COLI- seum or on Twentleth street car, or between Dodge and_Harney on Twentieth. Fnder please return to 714 N. Y. Life Bldg. and recelve re ward. SWEDISH MOVEMENT CURE FOR LADIES 1816 Chicago street; eonsaltation, facial and eclentific obesity treatment free Mondays, Teb. U—M30-F NEWLY FITTED BATH PARLORS. Turkish and clectric baths for ladies and gentle: men. Malam Howell, 320 8. 16th strect, 2d floor, U—M100 M1® 1TH_BOOK U332 VIAVI CO., 86 BER BLDG.; HE free; home 'treatment; lady attendant. MARRIAGE PAPER, WITH 1,000 ADV! ments and photos of marriageable people, many rich: lists of books, novelties, etc.. freé. Guh- nels’aMonthly, Toledo, Ohlo. 130 M2 PONDENTS WANTED BY LADIES ntlemen, members of the Select Clrcie of Friends; send 10 cents for descriptions, ete.; Eentlemens Tist sent free to Tudles; persons of worthy character only are wanted. Address lock box 723, Cineinnati, O. U—M507 1% OMAMIA BUSINESS COLLE 15TH AND . am M53 F23 MONEY TO LOAN—REAL ESTATE. ANTHONY LOAN & TRUST CO,, 318 N.Y. LIFS Jouns at low rates for cholce mecurity 1n No: brasia and Towa farms or Omaha eity proverty. LIFE INSURANCE_POLICIES LOANED ON or bought. ¥ O. Chesney, Kansas City, Mo, MONEY TO LOAN ON IMFROVED real estate. Brennan, Love & Co., Paxion bl MONEY TO LOAN AT 0. ¥. Di , 1505 Farnam st ZRY_LOW RATES MADE ON GOOD LOANS. J. W. Squire, 248 Bee bidg. W31 ANS. “STARR, 665 N. Y, LIFE. CITY LOANS. C. A. STARR, 6 Aveagss CITY AND FARM LOANS AT LOWEST raton. ‘Pusey & Thomas, First Nat'l Bk, bids. MONEY TO LOAN O property. Fidelity Trust company, 5D OMAHA 1702 Furnam, W30 LOANS ON IMPROVED & UNIMPROVED CITY property. W. Farnam Smith & Co., 1820 Farnam. MONEY TO LOAN ON OMAHA REAL ESTATH at 6 per cent. W. I. Melkle, 1at Nat. bani bld. W43 CITY LOANS—$00.00 TO $60,000.00 AT LOWEST rates. Powell Potter, 1st floor N. Y, L. Bldg. o ST W-M374 N — LN MONEY iO LOAN—CHATTELS. $1HOOM MODERN HOUSE, FIVE MINUT house, vacant December 24t G. L. Green, room 23, Barker block. D—314 MONEY TO LOAN ON FURNITURE, PIANOS and all kinds of security. Fred Terry, room 430 Ramge block, X343 , BROWN BLK, 16 & Doug. RENT—2013 CAPITOL AVENUE, modern. The O. ¥ Davs compatly, FOR u DE] WITH Bas, nd cold water; on ck from Farnam street motor line; in most_desirable residence locality in the ofty— No. 20 South Sth ave. For particulurs apply to Home Investment Co.,, 304 Paxton blk, D—MET0 FINE 7-ROOM CORNER FLAT AT 701 8. 16TH street, range and all other conveniences, $30.00. George Clouser, room 2, Patterson bik., 1623 Farnam_street. D—-3917 furnace, bath, half bl MONEY TO LOAN ON HOUSEHOLD FURNI- ture, planos, horses, wagons, or any kind of hattel secutity at Towest posalble rates, which you can_pay back at any time and In any amount. FIDELITY LOAN GUARANTER CO., Room 4, Withnell block. X3t 3. B. HADDOCK, ROOM 42 RAMGE BLOC MONEY TO LOAN ON FURNITURE, PIANOS, horses, wagons, ctc., at lowest ratés fn city: no removal of goods: strictly confidentil can pay the loan off at any time or In any ount, OMAHA MORTGAGE LOAN CO., t 6. 5. 16th strect, X3 FOR RENT, 5-ROOM COTTAGE, COR. ®TH and Farnam St. Milton Rogers & Sona. h D-M373 €-ROOM COTTAGE, 836 SOUTH ST STRE! D—533—1 FOR RENT. 5 ROOMS IN FLAT, UTH AND Cuming; cheap. Apply 2102 Cuming. D—Mo78 1% FOR RENT, FLAT IN THE P. ILER black: all_conveniences, including, steam heat: also fifst-¢lass store Todi in samé block, Call at 112 Harney street, = D-M5T4 TO REND, #-ROOM FLAT: STEAM HEAT, bfl'{l: Noonen block, 24th and Farpam. Enquire at Highes' drug store. - D—M5%0 12 BUSINESS CHANOES: . EXCHANGES. H. A. WAGNER, OMAHA MDSE. EXCI NPR; OMAH. FOR SALE OR TRADE, ONLY STOCK OF F@figs In'n town of 1000 in eastern Nebmska. Address G, {9, Bee. X —MGs- " FOR EXCHANGE. LOST—A PAIR OF OPERA A Boyd's opera house, Saturday matinee, reward for relurn to 813 Sheeley blook M—508 11.¢ AT Liberal MUSIC, ART AND LANGUAGE. G, ¥. GELLENBECK, BANJOIST AND GUITAR teacher, 1911 Cass sireet $1i LERS 1N fcited. 1008 3614 Al kinds of coal. Correspondence s Farnam street. CUTTING SCHOOL. ART "OF CUTTING MEN'S CLOTHES taught day Or evening; terms reasonablo, Par- ticulars of Max Morris, cutter, 1418 Farnam st. 920-19 DENTISTS. DENTIST, 203 BURT ST, PAUL BUSINESS NOTICES, D. T. MOUNT HAS REMOVED HIS COAIL office to 200 8. 16th st, Brown block, 360 SHERIDAN COAL, EXCELLENT SUBSTITUTE for hard coal, and $3.50 ton cheaper. 1605 Far- nam strect: main entrance Board of Trade. o1 STOVE REPAIRS, STOVE REPAIRS FOR 40,00 DIFFERE! mukes of stoves. Water attachment and cua- nections _a specialty, 1207 Douglas street, Omnha Stove Repair Works, 367 EMPLOYMENT OFFICE. CANADIAN _EMPLOYM! ‘moved to 1622 Douglas; female help. NT BURBAU RE- furnish best male_and M1 Md DENTAL COLLEGE. OMAHA COLLEGE DENTAL SURGERY, FRER infirmery; dentistry at cost of material, Crounse Dlock. M4T5 M4 ~ CARPENTENS AND BUILDERS. C. B. MORRILL, CONTRACTOR & BUILDER, paper hanging, house and sign painting, brick work, plastering: office, room 1. Barker blic.; tel. 135; shop. 2311 Izard 408, MSTT PATEITT BUREAU. SUES & CO,, Nolicitors. Bee Biilding, OMAHA, Neb. Advice FREE. RAILWAY TIME CARD Leaves [BURLINGTON tel. & MO. RIVER.|Arrives Omaha|Union Depot, 10th & Mason Sts.| Omaha 10:15am. ..o Denver EXDross.. ... 4:35pm Bik. Hilis, Mont.,& Puget Snd. :35pm Denver Express..... §:dopm: Nebrisica, Local (excopt SURd3). :4opm incoln Local (excep:.Bundey)...il: Fast Bail for Lincolny DAy oeeen [CHICAGO, BURLINGTON & Q.[Arrives Union Depot, 10th & Mason Sts.| Omaha \.:Chicago and St. Louls Speciai. “Pleiflo Junction Local. acific Junction 1 TO EXCHANGE, FOR GOOD FARM’LANDS at actual value in eastern Neb. or western Towa, stock of general merchandise, invoice $3,50000 to, $4.000.00, and_ ~*ore bullding, W assume small ‘incumbrance or pay differcnce in Saah “Address A. W. Clarke, apiition, Neb. ™ B ) FOR RENT—-FURNISHED ROOMS. PLEASANT ROOM. 1919 DODGE. B-M210 FOR RENT_STEAM HEATED FURNISHED rooms. 64 Bo. 13th E—234-F25 3 FURNISHED ROOMS FOR HOUSEKEEPING, man & wife; rent taken in board. 319 N. 17th. DSE. H.A.WAGNER Omah; PROPERTY FOR M ER Omah 10 ACRES 334 MILES FROM E. 0. WILL TAKE hiouse_andlot as part puyment. Blg snap for for fruit farm or garden. e Trust Cov, T03 Farnam Z—M196 13 WHAT HAVE YOU 10 TRADE FOR A GOOD $.700 note? Address G 17, Bee. . Z-530—18 FURNISHED FRONT ROOM FOR TWO GEN- tlemen: bath and heat; board if desired, 631 So. 20th s E—i80 11% TO TRADE, AN ALMOST NEW % DRUM- ‘mond phaeton .for a carrlage. . Address H_ 5, Bee. 7—-M57 FOR RENT, FINELY FURNISHED ROOMS; front and rear parlors ndjoining, with eastern and outhern outlook; also single rooms; central location, 1703 Dodge’ street, corner 17th. B—M521 16% FOR BXCHANGE, FOR HARDWARE OR ‘gHoultural implements, two §00d -houses and iots and one vicant lot, good Tocation, in Lin- - A s, street, Lincoln, A Bk Frowies T2 A SNAP; §5.00 FOR FURNITURE OF §-ROOM house, all but parlor; house for rent, $20.00; 6 minutes from P. O. Address H 6, Bee. M592 11 —eeeeee FURNISHED ROOMS AND BOARD. FURNISHED ROOMS AND BOARD, 212 SOUTH 26th st. F—M215 TO BXCHANGE, CLEAR SOUTH DAKOTA d and_cash for stock of dry goods or cloth- Ik "Box 68, Poto, 1 P FOR SALE—REAL ESTATE. HOUSES, LOTS AND FARMS, ¥. XK. Dariing, Barker block, BARGAINS, sale or trade. DESIRABLE ROOM FOR TWO WITH BOARD, 10 Dodge street. FA95-120 THRER BLEGANT ROOMS, WITH BOARD, steam and_ telephone; central and very reason: able. 202 N. 18th streel FoMa2 110 PARLOR FLOOR; ALSO SOUTH ROOM, WITH first-class board, 2105 Douglas. F—Mi99 16,* UNFURNISHED ROOMS TO RENT. 2 FRONT ROOMS. 16l LEAVENWORTH street. ‘ G—M3$T 15% ¥OR RENT—STOKES AND OFFICES FOR RENT-THE ¢-STORY BRICK BUILDING 016 Farnam street. This bullding has a_fire~ roof cement basement, complete sleam heat- ing fixtures, water on all floors, gas, etc. Ap- DIy at the office of TheBee. 1-910 aye GES AND SALES; CITY PROPERTY, g arehandise. Garvin Bros., 210 N.Y. Life. E—348 BARGAINS; SALB OR TRADEIN C! rtles and farms. John N. Frenger, opp. P. O. ‘erties and ‘far L S LIST BARGAINS IN LANDS WITH CARROLL - . R. 5, main floor, N, ¥. Life, Omaha. M catm. BN RE—389-F17 FINE GARDEN LAND, 6 ML FROM P. O, $100 per acre. 40 N. Y. L. bldg. RE—954 CHICAGO, R. I. & PACIFIC. |Azrive [Union Depot, 0th & Mason Str, Omaha Atiantic_Express (ex. Sunday). ...Night Expre: iChicayo_Vestibuled Limit, kiahoma 1xp. (to C. B. ex. Sun.). WEST. Oklahoma & Texas Ex. (ex. Sun.).11 Colorado_Limited. 4 Arrives epot ia Webstor-sts. |("Grmana :Nebraska Passenger (dally).. pim Sioux City Express (ex. Sun.] St. Paul Limited, ¥, B. & MO. VALLEY, Depot 16th and Webster Sts. TArtives |_ Omaha Norfolk, Express (ex. unday) aul Express. ... " SIOUX CITY & PACIFIC.” |Arrives Depot 15th and Webster Sts. | Omaha -8t Paul Limited [ SIOUX CITY & PACIFIC. — Union Depot, 10th & Mason St Sioux City Passenger. ... .t. Paul Limit TUNION PACTIFIC, |Arr) Unfon Depot, 10th & Mason Sts.| Omaha +.Kearney Express, - .Overland Fiyer. & Stromsb'g Bx. Paci STRACTS—THE BYRON REED COMPANY. po RE—404 1,00 HEADS OF FAMILIES TO take up freé homesteads in the Red river v ley, Minnesota. Map showing exuct location, section, town and range will be maliled free by Writing to land commissioner Great Northern raflway, St. Paul, Minn. RE-M{71 M{ WANTED, THE MAX MEVER BUILDING, N. B. COR, 1ith and Farnam; roo: 22x100 or 44x100, or the whale bullding; heat, electric ele- vator; building wili be arranged to sult ten. ant. Inguive 1018 Farnam street. I—M30Fas AGENTS WANTED. BALESMEN - OR AGENTS MA MONEY gasy selling auits o order 413,60, pants 8, shirts nackintosnes 85, Hunter TCIoHNE Co.o Cine cinnati, O. J—M6iiciee AGENTS IN EVERY BTATE ON SALARY AND commission, Agents making $25 to 360 weekly. Burcka Chémical & Mg, Co., La Crogse, Wis. » —M318 WANITED—-TO RENT, WANTED-S OR 10 ROOM HOUSE, FUR- nished or unfurnished, within walking distance of postoflice. Address 11 8, Bee office. 2 K —MG97-13. BTORAGE. RM LANDS, C. F. HARRISON, 912 N. Y. Fliter RE-Mis Ms* TO EXCHANGE FOI CITY PROPERTY, 40 acres of the finest acreage mear Omaha, Onl: 4 miles from P, O, ~Cost owner .$40,000. Wiil gell very cheap, anid take half In city property. delity Trust Co., Bole Age arnam _st. b el RE—M47 13 FOR SALE AT A SACRIFICE, 700 ACRE FARM near Omaha. A fine Improved 160 just twenty- elght miles southwest Sloux Clly; $100 cash, Dbalance flve years at 7 per cent; aiso 3% extra fine land at $18.00 per acre In' same section. House and three lots outside and cash for & home_inside. Davenport & Waterm: Life bldg. ¥ HOTELS, HOTEL BARKER, 13TH AND JONES. STS. 75 rooms at $1.60 per day. 60 rooms at §5.00 per day. . Bpecial rates to commerclal travelers. Koom ahd board by week or month, Frank Hiditoh, manager. 3409 Jabortn 2 BEST STORAGE BUILDING IN OMAHA, U. 8, . bonded warehouse. Household goods stored. eat vates. 10131015 Leavenworth. M—319 JTNA HOUSE (BUROPEAN), N. W. COR. At fud Dodge. Rooms by day of week. STORAGE, FRANK EWERS, 124 HARNEY, 2 M—321 ‘WANTED-TO BUY. CITY & CO WARRANTS, PRICHARD 1713 FA'M N2 UPRIGHT and where it H. B. Beott, room 4% Ramge N—32 WANTED—3 BECOND HAND ‘Planos: please state price, make can be seen. biock. WANTED, TOUND VOLUMES OF HARFER'S Magasine, the Century, Boribuer’s and Life, | sood condition. ¢, W Smith, 130 WANTED, A GOOD SECOND-HAND BI table, campletei will pay spot cash. ©, P. 0. Box 38, Blair, Nel ‘Address N-—-M565 11 FOR SALE_FURNITURE OF 2-ROOM HOUSE with 30 boarders; rent low, central location. Address G 64 Bee. 063118 MIDLAND HOTEL, COR. 16TH AND CHICAGO streets. American plan, $1.50 and $2.00 per day. Furopean plan. G0c and $1.00 per day. Rooms, single or ensuite, for familles or gentiemen, at reasonable rates’ M. J. Franck, prop. oo SHORTHAND AND T'YPEWRITING. VAN BANT'S SCHOOL OF SHORT HAND, N, Y. Life, Omaha. Ask for clrcular. * 266 —_— — ELECTRICAL SUPPLIES, ARMATURES AND CONVERTERS REWOUNT; storage batterles recharged; elect d gen: eral machinists; _superior work guaranteed Omaha Electrical Works, 617 und 619 5. 16th at. CONTRAC- ants and all ELECTRICAL ENGINEERS AND tors for electrio light and motor Kkinds of electrical construction. Western Elec- trical SBupply Co., 418 and 420 8. 15th st 852 LEATHER BELTING, CHAS. A. SCHIEREN & Co., Mfg., 306 8. 13th 2 —— e e FOR SBALE—MISUELLANEOUS. WEGMAN PIANOS, BRIDGEPORT ORGANS. ‘Woodbridge Brox., 117 So. 1Tth. Q3% HOG AND CHICKEN FENCE; HARD WOOD plckets. €, Lee, %01 Douglas. Q428 MILCH COWS AND SPRINGEKS FOR SALE, will_exchange for ards, Bhotly Etation. *Hamiion Boew " G0 B ] UNDERTAKERS AND EMBALMERS H._ XK. BURKBT, FUNERAL DIRECTOR AND embalmer, 1618 Chicago t.. telephone 9. 456 SWANSON & VALIEN, UNDERTAKERS AND exmbalmers, 1101 Cuming st telephons 1060 ND EMBALM- 38 M. 0. MAUL, UNDBERTAKER A er. 17 Farham st., telephone OLAIRVOYANTS. Ifl' H. WARREN, CLAIRVOYANT, RE- edium; 7th ‘year at 118 N 16th, 8337 MABBAGE, BATHS, fi A SMITH, 502 8. WTH, 2D FLOOR, ROOM Y e ADAME BERNAKD, 1421 DODGE. . T—M306-13° C. W, BAKER, UNDERTAKER, 613 8. uTfil;'n S ——————— BUILDING & LOAN ASSOCIATION NP S Ol A R G00) vings. 1 Ass'n, 1704 'fi..'“fim W Nnmu, e SHARES IN MUTUAL L. AND 1. ASS'N. PAY L% 8 por cent whea 1 & § yesrs old, siways redeemal 1104 Faroam st., Nattioger, .l¢~ 1 & C.B. [Union 1 10th & Mason Sts. -Kansas City Day Express. i 'C'Night £x. vie U B [ .. MISSOURI PACIFIC. JATH: Depot 15th and Webster Sts. | Omaha Louls Express Louls Express. ‘Nebrasica Local (ex. Su RUPTURE PERMANENTLY PAY NO PAY UNTIL CURED WE REFER Y0U 10 8,000 PATIENTS lers, for Writefor Bank Reference NoOperation. NoDetention{romBusiness. SEND FOR CIRCULAR. 307-308 N. Y. Life Bldg., OMAHA, NEB, > & : A Rmold's Broiie-Gtiery, i BRI C 181 8,0 ntenn 0 THICAGD For sale by all druggists. Oushs. gaping Ta., had an open sore on her foot which tortured the best doctors could-not cure it, but Mustang Liniment EXAMINATION FREE, THE O. E. MILLER CO., let rat nt for Ney Sick B R s?:“‘;.:" & Ve oot ook TH. ARNOLD‘ CHEMICAL CO. Mrs. Dickinson, of Thor, her for 4 years. Five of TMexican DID. svrreme covnt Phocerpives. g v LINCOLN, Feb. 10, A‘Eyn',cllL\—TM follow- ing proceedings were had in the supreme ocurt laet week: o) 1 February G—Joseph Mrion, Beq., and W. A. DeBord, Beq., of Dommlas county; A. J. Shafer, Beq., of Phelpddteunty and B. F. Pettis, Beq., of Lancesters county, were ad- mitted to practice. ot © Henry & Coatswortedmgainst Fisherdiek, administrator, order toisshow cause in two weeks why sale shold ;Aot be confirmed; Willls against Putnamlegve to file amended petition. nolts The following cases elie submitted (n mo- tions: Sheedy against!McMurtry; State ex rel Zimmerman against’ Bloomfield; Black. well against Laughrany Wescott against Me Donald; Frontler county sagainst ~ Daviso States ex rel Hammond against Dimon Randall & Stearns againet National B. L. & P. unlon; Perry agalnst State; Percival against States; Bichelberger against Morris, Warner agairist Withrow; Bartos against Mincgue and Widamen; Davison against Cruse, February 6—A. A. Graham, esq., of Shaw- nee county, Kansas, and John B, Raper of Pawnee county were admitted to practice. Motlons to dismiss were sustained in the following cases: Blackwell against Laugh- ran, Wescott against MeDonald, Richelberger against Morris, Warmner against Withrow, Miner against Upton, Davison agalnst Cruse, motion to quash bill of exceptions. overruled; Frontier “county against Davison, motion to quash bill of ex- ceptions sustained; Bartos against Minogue and Bartos against Widamen, afirmed; State ex rel Hammond against Dimond, advanced; Kelly against Nebraska Exposition assocla- tion, motion to advance overruled. The following cases were submitted: State ox rel Conloy against Miller, McClary against Stull, Miner against Upton, on motion. February 7.—Motlons for rehearing were overruled in the following cases: ~Green against Green, Bonwit agalnst Hoffman, Krehnavy against State. February 8.—Miner against Upton, order of dismissal vacated; State ex rel Stephenson against Cobb, advanced; Gibbon against Gest Bank Note company, dismissed; ~Hellman against Bloom; State ex rel 'Stephenson agalnst Sobb, submitted on motion; Percival against Weir, on motion, Court adjourned to February 19, 1805. Following are the syllabl of decisions handed down: Chadron against Dawes county. Affirmed. Commissioner Irvine, To obtain o review of (he rulings of the trial court on the admission and rejection of evidence, the petition in error must Specif- fcally designate the rulings complained of. 2. This court will not review the action of the trial court in Eiving and refusing instructions unl the record discloses an exception. to tie ruling complained. of. 3. The failure of the trial court to mark instructions “given” or ‘refused” cannot be complained of here unless an exception was speatally taken In the trial court on the ground that the instructions were not s0 marked. 4. In September a deposition of a witness residing In a distant State was taken on behalf of the plaintiff on due notice, the defendant serving cross interrogatories as provided by the code. ~The officer who took the deposition, instead of transmitting it to the clerk, transmitted it to the plaintiff's attorney, and the deposition was never filed. On December 8 plaintiff served an- other notice of the taking of the deposition of the same witness on December 20, no cross interrogatories were served, and. the witness was not cross examined. Held, That the court proper}y overruled a mo- tion to suppress the position, based on the failure of the notgry’ to propound the cross interrogatories setved on the former occasion. Ll Whether it is propae; in an action for personal injuries forgika court to appoint, on the application of the defendant, a com. mission of phy Mmfi}f make a physical examination of the'Plaintiff. ~ Quare. If such action Is proper the appiication must be made before theituwiAl commences. 6. An assignment ir(ghe petition In error that the court erred in overruling the mo- tion for a new trial ig-too indefinite for consideration where! ie"motion for a_mnew trial assigns seyeral AMérent grounds there- 7. The disability : of i married woman to maintain an actionyin. her own name was removed by the magried women's act, and she may mulmé Jizin uction for per: sonal_injuries, TecoveMri therein the dam- ages by her sustained as distinguish from | any bustainéd by ‘tha:bmdsand.: £ 8. Such right of action being her own, she is not. estop] +hy- hepphusiand's, acts: in regard theéreto. 2 ~ 9. Where a_ clty pethilts o sidewalk to be maintained beyond the sidewalk line is fixed by ordinance, and exercises control thereover, its duty is to maintain the whole walk_in repair. 10, Section 80, chapter 14, - Compiled Statutes, does not require a clalm for per- sonal {njuries to“bt presneted in- the city councll of a'city of the second class as a condition precedent to maintaining -an action, Edmonds against State. Error from Otoe county. Motion for allowance of attorney fees overruled, Opinion by Ghief Justice Norval. When the district -court appoints counsel under section 437 of the Criminal code, to conduct the Gefense of an indigent prisoner, the claim of such attorney for services ren. dered in the case in the trial court and in Glover, from by Error Opinion this court should be presented to the district court for examination and allowance, 2. The supreme court is without authority to examine and allow the account or ‘claim for such services. Wilson against State..Error from Burt county. Aflirmed. Opinion by Chief Justice Norval. In an information under section 10, chapter x1i, Compiled-Statutes, for fraudulently re- moving mortgaged property out of the county, it Is unnecessary to aver that the mortgage was in writing. The allegation that the defendant ‘duly mortgaged and thereby conveyed” meets the requirements of said section. 2. In such a prosecution it is not necessary to set out in the information the mortgage in haec verba, nor to aver the amount of the .indebtedness the mortgage was given to se- cure, 3, 1t s sufficlent in such an {nformation to allege that the mortgaged property was fraudulently removed from the county, where the same was situated at the time the mortgage was given thereon, with the irtent to deprive the owner of said mortgage of his security, without avering that the owner. of the mortgage was the owner of the debt thereby secured. 4.In the prosecution for the removal of mortgage property, contrar to . the pro- visions of the statufe, the value of the prop- erty at the time of the removal need not be alleged in the Information, nor proven upon the trial. 5. Held: That the information set out in the opinion charges a criminal offense. ‘6. Under the statute, the gist of tiie offense for which punishment is therein prescribed, is the fraudulent removal of mortgaged per- sonal property out of the country with the intent to deprive the owner of the morigage of his security. The mortgagor who fraud- ulently removes from the county any portion of the mortgaged chattels, during the ex- istence of the lien, or title created by the mortgage, I8 equally amendable to the pro- visions of the law, as the mortgagor who so removes the entire property mortgaged. 7. In order to review alleged errors occur- ring during the trial of a criminal case, such errors must be pointed out to the trial court in the motion for a new trial and a ruling obtained thereon. nion Pacific Railway Knowlton. Error from Lancaster ccunty. Aflirmed. Opinion by Justice Post, Every raiiroad corporation in this state 1 requiréd to fence its, tracks. except at the crosings of public rohids and hizhways, and within the limits of’ toAvns, citles and vil- lages. Ty 2. A point one mile gligtant from the near- est depot” grounds net ithin the limits of any city, town or \’&\u’h remote from any Tallroad or highway crbssing and not nec- essary for use in’WuMing up trains, al- though occasionally tsshl’ for such purpose, {8 not within the exception mentioned. 3. The icogo, Bunlington & Ouincy Rall. road_company against,Mogan, 21 Neb, S0 and 30 Ind., 086, Aistingiiished Barr against Kimball from Lan- caster _county. Affirfned Opinion by Jus- tice Harrison. 6 ‘Where a motion whsafiade for a judgment non abstante verediomn,': but the record does not disclose thafsueh motion was sub mitted to the tudve ofyfhe trinl court and his ruling cbtained thageon and an excen- tion taken thereto. Yxxk? ing presented by the Fec ation of a revicwing court 2. A lessee, W lease by the fraudulent statements of the lessor. may, In-an actan by the lessor for rent duz, recoup the an he may have suffered by re fraud and misrepresentations. or. if he has fully paid the rest.’recover the damages in an action instituted for guch purpose, or, on discovering the falsity of the representa- tions made by the lessor, may rescind the antract of lease: that is. he may have his election of remedies or of courses to pursue 3 In the case at bar the defendants wers induced by the Statements of the lessor in reward to the premises. to make a lense fo and occupy them for use in partieula business. and there being sufcient eviden to sustain a finding of the fnrv that such representations were false and known to b 50 when made by the party makine th and without the knowledge of tha lesgecs and relled upon by them. and one of ths re sults being necessarily {he removal af th parties and the busivoes from the promiscs to another location, Held: Thers might he recovered as damaves. tha actual, unaveld- ahle expense of such remoye! Smith acainet Johrson. Error m fal) county. R°y°raed and remanded, ion by Justies Harrison, “In a legal sense, a party absconds when company against 'd for the conslider on. of such nne- Opin- | its te irte. there s moth- | o wast induced to make a | unt of any damags | he hides, conceals, or absents himself clan- destinely with the intent to avold legal pro- cos (Gandy against Jolly, 84 Neb., 638, followed.) 2. An affidavit filed In an action before a Justice of the peace to obtain the issuance of & writ of attachment, contained the alle- mation “that sald defendants have absconded | with Intent to defraud creditors,” and the summons Issued jn the case was returned endorsed: “I could not find the defendants within my county,” with signature of the officer. Held: That the action was properly instituted in the county of the debtors' former restlence, and where property could be levied upon, and that constructive service was warranted and proper under the facts as they then appeared in the case. 3. A finding by a justice of the peace in an attachment sult of the sum due plaintiff, an assessment of plaintiff’s recovery and an order of sale of the attached propefty, is but a judgment In form against defendants, and where the only relief sought is to subject the attached property to the payment of the debt, Is sufficlent as an entry, both in form and in substance, and is not void. 4. The certificate of a notary public to an affidavit is presumptive evidence of 'the facts stated In such certificate, Including the statement that affiant signed the aMdavit 5. It is_without the province of an of- ficér. holding property under, levy” of writ pending sale by an order of the court in ttachment proce:dings, to question the validity or sufficiency of a schedule and affidavit, made according to the provisions of the statute governing such proceedings and filed by the attachment debtor for th purpose of setting aside ths property levied upon _as exempt Where personal under an_execution or writ of attachment againgt a debtor who has neither lands, town lots, nor houses subject to exemption and an inventory under oath Is made and filed by such debtor, as provided by sec- tlon 622 of the code, it is the duty of the officer holding the writ to call appraisers to dotermine the value of the property, and the neglect or refusal of the officer’ fo do so will not deprive the debtor of his ex- emptions, but he may sue for the value of the property.”” (Bender et al against Bame, Nebraska, 6 N. W. Rep. 105, fol- Towed). 7. Where In an attachment case the de- fendant files the inventory under oath pre- seribed by statute to avall himself of the exemptions allowed by section 62l of the code, and the officer holding the writ falls or refuses to cause the property to be ap- praised and allows the debtor to select therefrom such property, and to the value as the law provides he may, but sells the same regandless of the appiication for the exemption, ' in _an action by the debtor against the officer to recover the value of the property, the inventory and its @ companying afidavit are comptent evi: dence to prove the facts they were intended to show within the scope and intent of the law providing for them, and the ‘purpose for which they were formed. 8, The verdict In this case. Held: Tobe aghinst the weight of the evidence and manifestly wrong. Gillespie against Switzler. Lancaster county. Affirmed. Commisison:r Ryan. A sale on an execution issued upon a dormant judgment is merely voldable, and nelther such sale, nor the title acquired thereunder can be assalled In a purely collateral, procecding, Strawbridge against Swan. Lancaster county. Affirmed. Commisioner Ryin, 3 In_an action (o recover for services al- leged to have been rendered by plaintiff, a real estate agent, in affecting an exchange of defendant’s property, the jury were properly’ instructed that it was “incumbent upon plaintiff to show by a prependerance of the evidence that difendant had em- ployed plaintiff to act as his agent in the matter as to which compensation was claimed. 2. In an action of the character indicated the instruction that a man had the right to sell or trade his own property and that it defendant acted for himself in the mat- ter and did not employ plaintiff as his agent to procure him a customer, plaintift could nat ‘recover for the alleged services. Held: Correctly to state the law in view of the issues and of the proofs thereunder. 3. A real estate agent who has acted for hoth parties to an exchange of property can recover compensation only when his services have been limited to bringing to- gether such parties as, without his inter- ference, have agreed upon an exchange of the property, with reference to which such agent procursd them to meet, and even this limited right to compensation does not exist as against'n party who in advance did not know of and assent to the agent's dual _employment. Following Campbell against Baxter. Trester against Pike. caster county. Affirmed. missioner Ryan, In an_action 'to subject to the payment of “her: husband’s ‘debts real property held By .tthe . wife, .8 finding. sustained by - suf- flcient evidence that the sald property was wholly ~acquired, by 'means legally” and equitably belonging to the wife, justified the district court in dismissing (he -action in so far as said property was concerned. 2.In an action for the subjection of reai property held by the wife, to the payment 5t her husband's debts, findings sustamed by the evidence, that the purchase price of said property was in part pald with the wife's own means; that there was fallure of proof that the conveyauce to the wife was for the purpose of defrauding cred- itors of her husband, and that said hus- band was at the time 'of the trial the owner of property in the county wherein the said trial was® progressing, fully justified “the dismigsal of plaintif’s’ action. Woodward against Pike. "Appeal from Lancaster county. Affirmed.” Opinion by Commisioner Ryan, A court of equity will not enjoin the en- forcement of & judgment at law unless it appears that plaintiff had at the time of the rendition of such judgment a valid de- fense, and if the réllef prayed could have been afforded upon due application under section 602, Code Civ. Procedure, relating to new trials, it must’ in addition’ be satis- factorily shown, that by reason of fraud or circumstances beyond the control of laintif he has bewn prevented from avail- ing himself of the provisions of the afore- sald_ section. Wyliz agiinst Charlton et al. Appeal from Buffalo county. Affirmed. Opinion by Commissioner Irvine, Bquity protects aparol gift of land equally’” with a parol agreement to well it, if accompanied by possession, and the donee, induced by the promise to give it, has made valuable improvements on the property. Dawson against McKaddin,, 22 Nebraska, 131, 2. To establish such a case it s not neces- sary that the preof should be bevond a doubt. A preponderance of the evidence is_all' that s required in.any clvil action, 3, The clrcumstances which tend to cast susplefon upon such claime are circum- stances to be considered in weighing the evidence to determine on which side the preponderance lics, but they do not create any rule of law a8 to the degrze of proof. 4. Under sectlon 429 of the Code of Civil Procedure a wife cannot testify (subject to the executions of that section) on behalf of her husband, the plaintiff in an action to establish his'title to land, as to conver- sations with persons since deceased, whose representatives are the adverse party to the action, The inchoate estate of dower which would accrue to the wife should the husband. succeed in the action, constitutes a direct legal interest in its event. 5. The wife {n this case was also one of the heirs of the deceased, and a defendant in the action, Held: That her interest as such heir, not being an Interest adverse to the representatives of the deceased, would not of itself be sufficient to excludé her testimony when offered against the representatives. 6. Where a_ witness 1s interested on' both sides of the record and the interests are of a_different character, the court will not undertake to welgh such conflicting inter- ests, one against the other, and admit the testimony of the witness, because by such welghing of such Interests that in favor of the representatives may seem to be greater than that avainst them, Agricultural Improvement company against Morrow. Error from Lancaster county, Re- versed. Opinion by Commissioner Ryan. Where there were proofs which tended to show the exlstence of a mortgage on prop- erty when It was insured, and that there was such knowledge of the exisience of such mortgage as tended to show a walyer of that condition of the policy which rendersd its provisions vold, if ‘there existed a_mori gage when such policy was issued, held, er- roneous for the district court, after sum- marizing what facts might be deemed a walyer of such existing morteage to stote, that, if these facts were established, the provision of the poliey as to Incumbrance was eliminated therefrom. when there had been proof of & mortgawe having been made after the poliey as to the forfeiture was by s just as applicable as to an exiet- ing mortgage. Pirst Natlonal bank, Miller. Firror from Gage county. Opinion hv Commissioner Ryan. The evidence In this case examined and held to show such facts as discharg . fendant in error from Mabiiity (o the tiff in error as indorser of ording 2. The decision in First Natl Wymore against Miller, 37 Ne hered to. Young et al against Lane et al. Original, Dismissed. Opinion by Commissioner Ragan The constitution prohibits a county board from levying taxes, which in the agsregate ex per $100'valuition, unless author- ized 89 10 do by a vote of the people of the county, except for the payment of indebt- edness existing at the adoption of the pres- ent constitution In house roll 81 . B Wessel against Weir, 33 3 2. §ection 17, chapter Ixxii, Compiled Stat- utés, 1893. construed to be hermissive only, accordingly, Held: That where county au- thorities have levied {axes to provide for the current expenses of a certain year, to the constitutional imit, the court has no' author- ity to control the ‘action and diseretion of #uch county board and compel it to-reduce the amount of any levy made for county purposes @nd levy in lieu thereof & tax for agalnst the soldiers' relief fund. Turner, Frazer & (5 Killjan, 12 afirmed. 2 Wher: an officer hclding an execution property 18 seized Trror from Opinion by Brror from Opinion by Appeal from Lan- Opinion by Com- Wymore, against Affirmed. 1 bank of . 500 ad- State ex rel 5, followed. Ne¢b.. 683, fellowed anc fssued on a judgment against A, by wirtue of such execution seizes the property of I and the latter recovers a Judgment against such officer for the value of the property s:zed, then In a sult by B agalnst such officer’ and the surcties on his official bond to recover the amount of the judgment, is conclusive evidence against the officer and his tureties as to H's ownership of the property at the time it was seized by the officer, the amount of the damages and costs kustained by B by reagon thereof, in the absence of A showing that the court had no jurisdiction to pronounce the Judg ment, of that it was procured by fraud or colluion, Hardin et al against Sheuey Gage county. Opinion by Ragan. The "case re-examined and the opinion in 40 Neb., 23, adher2d to. Where a constable with n process agalnst the property of one person seizes by virtue thereof the property of another, he is gullty of offictal misconduct, for which he and his gureties are llable I &n action on his official bon Pasewalk affirmed. In sucn a sult against an officer and the surcties o1 his bond, answer of the surctic alleged “that sald judgment was procured by fraud, misrepresentation and contrary to law,” held: A mere conclusion. Hold' et al against Bwmnet. Brror Lancaster county. Affirmed. Opinion Commissioner Ragan, A real estate usent property for the mo September and collected the rents. He then negotiated a sale of his principal's prope and the deed was made and delivercd Se tember 14, The agent pald the rents in | hands to the purchaser of the prop without his principal's knowledge or sent. The prineipal accepted the proce of the sale withcut knowing the disposition the agent had made of the rents; held: That the agent was llable to the prineipai therefor. 2. The unauthorized act of an agent when ratificd by his_principal s as binding as though the act had baen within the scope of the agent’s authority; and the principal by accepting the sbenefits of an ¢f his agent may thereby ratify the but in order for the act of the prin- glpil, In nceepting the frults of a_ transac- tlon conducted by his agent, to work a ratl- fication of the agent's act, the principal must have accepted the avails of the trans- action with knowledge of all the material facts, the existence of the knowledge of the unauthorized act and the intention to ratify it must concur in th: mind of the principal in_crder to estop him Henry Coatsworth company Fisherback, 8 Neb., 207, foliowed. Hews against Kinhey ot al. Lancaster county. Affirmed. Commissioner Ragan, Tn 1882 & husband purchased ity of Lincoln, in Lancaster county, with the money of his wife, for her, and ‘under an agreement between' them that the title should be taken in her name. The deed, however, without the wife's knowledge, was made to the hushand and recorded.. Tn 1584 the wife learned that the title to the lot was of record fn her husband's name and requested him to convey it to her, ac to their agreement. “The husband then made and delivered direct to the wife a deed for the lot. The husband was advised that this deed was invalid; it was never recorded, but lost or destroyed. In 1587 the husband and wife executed a deed of the lot to one B for the purpose of having him convey the title to the wif which he then did. This deed the wife de livered to the husband for record, but he, without her knowledge, withheld' it from the record and it was lost. In 1889 B ecuted and delivered to the wife a deed for the lot to take the place of the deed made by him in 1887, Tn 1886 In Richardson county one Hews recovered a judgment agatnst the husband, and in 18%° caused a transcript of such ment to be filed and docketed in the of the clerk of the district court of ster county. The cause of the action on which such judgment was based was not a credit which News had given the plaintiff on the faith cf his being the owner of said lot. In a suit by Hews to subject this lot to the payment of his judgment, held: First, That the real estate was the prop- of the wife and held in trust for her her husband. econd, That as Hews had extended no credit to the husband on the faith of the latter's ownership of the lot, and had not been misled to his injury becaus» the titls to said lot was of record in the husband’ name, that it was not liable for his debts. 2. Under our statutes fraud s a question of fact and not of law. Section 2, chapter xxxll, -Compiled Statutes, 1803, 3. Cases have arisen in which courts of equity have made: the property of the wife, the title to which was held in trust by thé husband, liable for his debts. But these cases were not based upon the doctrine that the act of the wife in permitting her husband to carry in his own name and of record the title to her real estate, was a n the docirine that the wife by " permitting the husband to keep in his own name the title to her prop- erty, to hold it out to the world as his, to contract debts on the faith of his being the actual owner of the property, has es- topped herself in equity against ‘the hus- band's creditors, deceived thereby, from claiming the property. 4, Where ' husband uses the money of his wife In.paying for land, the title to which he takes in his own name, a trust will arise in favor of the wife 'which a court of equity will protect against the husband’s creditors, uniess it is made to ap- pear that such creditors gave the husband credit on th# faith of his being the actual owner of the property of his wife, the tifle to which was"In his name. Bantley against Finney et al. Appeal from Lancaster county. Aflirmed. Opinion by Commissloner Ragan, In the district court of Lancaster county in 1882 one McWilliams récovered against one Bantley ‘a decree for the specific. per formance of'a contract for the sale of cer tain real estate. Bantley was a nonresident of the state, and the only service had upon him was by publication. Bantley did not comply with the decres and McWilliams depesited with the clerk the consideration the court found he was to pay Bantley for the land, tock possession thercof and after- ward conveyed it by warranty deed to one Finney. The afdavit on which thé service by pub- lication was based was made and signed by one Webster, McWilliams® counsel, and duly filed; but such afidavit had attached there- to no jurat or certificate of an officer au- thorized to administer oaths certifying that Webster had in fact sworn to the affidavit, In 1861 Bantley brought an action against Finney to recover sald real estate, a)leging in hig petition that Finney's claim thereto was based on the decree in McWilllams against Bantley; that the only service on him in sald actlon was by publication; that the affidavit on which 821d” constructive s rv- ice was based was not sworn to, and that therefcre the court had no jurisdiction over him and jts decree was vold. 'Held Tirst, That the jurat or certificate of an officer 'attached to'an aflidavit is no part of the aflidavit itself. (2) That such jurat or certificate, if the officer making It had authority to admin- ister oaths, enables such aflidavit to be read in evidenct as the cath of the party whom such officer certifies madz such ontk (3) That the affidavit made by Webster aid not lose its vitality because of the omi slon of the clerk to attach thereto his jurat certifying that Webster had in fact faken said oath, () That it was comnetent for Finney to show by parol that Webster did. in fact swear to the affidavit which he fiied In thé case of McWilliams against Bantley at the time of filing such amMdavit. () That such parol evidénce did not tend to vary or contradict the record in the case of MeWilliams against Bantiey, but to sup- port it. (6) That whether Webster swore to such affidavit at the time he made and filed it was a question of fact and might be proved as any other fact by any competent obtain- able évidence. Brror from Commissioner former against Bollman, 20 Neb., 519, from by leased his principal's hs of August and against Appeal from Opinion by lot in the 2. An affidacit {8 simply a declaration on | oath in writing. sworn to by a party before gome person who has authority under the law to administer oaths. 3. The essentlals of the affidavit required by sectlon 78 of the Code of Civil Procedure, in order that a valld service by publicatisn may be based thereon. are: That the affi- davit must be in writing filed in the case wWhere made, and sworn {o. Btate ex rel Gillllan against Home Btreet Rallway company. Mandamus. Opinion by Commissioner Irvine, Parties to mandamus nroceedings should pursue the practice established by the Code of Civil Procedure. The practice of attack ing the applieation for the writ by motion or demurrer 15 one which will not be en- couraged. 2. Stoekholders of a corporation, merly as such, are not proper parties respondent in @ proceeding to compel the corporation by mus to perform a corporate act ¥ reletor in a mandamus proceeding arge dirsotly all facts necessary 1o entitle him to the writ Inferences in his favor will not be drawn from vague or ambieuous language. 4 Inasmuch as the allowance of a writ of mandamus rests largely in the dizcretion of the coul and the writ will b refy 1 where the proceeding is trivial or vexatious, avermentx showing n special fnterest in the relator will not struck aut as im terial even in a ca here It Is not neces ry to show such interest State ex rel Sturdeya Secretary of St « O jon by Justice Post. When a provision Is ambiguous the courts will adopt that Interpretation which is most in harmony with the spirit of the act, and beat wdapted (o the promotion of its keneral abicet “The act spproved March 4. 1891, com- monly called the Australian ballot law. con temnlates that the name of each candidate #hall he printed one only on the official and kample ballof necompanied by such boliti- cal or other designations s corresnond with the nomination napers on file with the offi- cers charged with the duty of printing and Qistributing such ballots. The State of Nebraska ex rel against Stein,# 3 Nebraska, 848 guished. 3. 1t is provided by sald act that all cer tisicates of nomination which are in appar- t et al g inal. ainst Allen, Writ denied’ Christy Distin unauthorized, | cation must control, n | tion that the Instrument ent conformity therewith shall be decemed valld unless objection I8 made thereto; tha In case objections are made candidates shall be notified and the officer with whom the certificate fs filed shall pass on such objecs tions and his decision will be final unless a furthor order {s made by the county Judge of the district court or a j Bupreme court. Held: That suc the consideration of objections, {8 not con- fined to m for matters relating to the certificate of nomination, but may de. termine from extrinsic evidence whether the candidates therein named were In fact nominated by convention or assemblage of voters or defegates claiming to represent party which cast the requisite number of votes at the last e tion. 1. 1t I8 not the province of the secrotary of &tate to determine which of two rival state conventions, of the same party, Is it to recognition as the regular convention, 5. Where two factions of a political party nominate candidates and certify such nomi- nations to the secretary of state in due form of law, the latter will not inquire into the regularity of the convention held by elther faction, but will certify to the several county clerks the names of the ndidates nominated by each harmony with th irts, in of doubt, to ad uotfon which affords ~th ater liberty in casting his ballot Douglas county again:t Keller, from Douglas county Affirmed, by Justice Post provision of se Compiled Statute th not sell the pub without havir flrst sy ptted t to the ctors thereof, 18 mandato an express limitation upon the powe ral counties, A ale of the public property of a county made without the consent of a ma- Jority of the electors voting at an election authorized by law 18 a nuilily and passes le to the purchaser, 3. There 1s no prineiple more firmly estab- lished or resting on scunder reasons than the rule whith requires public bodies when acting under special p ra to act stctly within the conditions prescribed 4. There ts no authority in this state for the submisslon to the electors of a county of a proposition to ratify the unauthorized acts_of its officers, Whers a county board ofters for sale the public property of the county, claimin; a8 authority for such action the consent of a majority of the electors xpressed at a goreral election, a purchaser n an action to recover the price ving been adjudged vold for w rity will not be chargeable with con= structive notice of the fact that the propos fon to sell was in fact defeated. 6. In ordsr to defeat an action® for the recovery of money voluntarily pald under a mistake of fact 't {s not sutficient that the Iff might have known the facts bad afled himself of all the means of knowledge at his command Peterson against Skjelver, Webstor county, Affirmed. tice Harrizon, here the original mounds or monuments established during a government survey can be identified and accertained they will con=. trol_course and distance. Field notes and plats of the government survey are competent in ascertalt'ng where monuments lo- cated, in cas* a govrament corner Is de- stroved, or the point where it was originally «d cannot be found, or the loc ¢ original corner puted by s shown by uncontradicted evidence that a section cornc cat=d by the o ment surveyor tain_poing, though plac m that p 1 notes and plat. (10 Neb., & T he rulings of the trial cou e and excluding evidence examined and held: ~ Not crroncous or not prejudiclal to the rights of the complaining party. 4. The showing filed with motion for new trial in support of the grounds of newly discovered evidence and accident and sur- prise, held: Insuflicient. 5. Where it /s souzht to for alleged misconduct ¢ pear that the acts upon which the com- plaint Is founded were not known to the party who se:Kks to tak dvantage of them, or his counsel, during the progress of the trial, in time to have brought them to the attention of the trial cour 6. Affidavits made by p: e port to contain statements made by jurors during alleged conv:rsations with them after the close of the trial of a_case and their discharge therefrom, in riference to acts and discussions which occurred In the. jury room while the jurors wer: deliberat- ing upon their verdict, and in regard to which the aflidavits cf the jurors would not be received, are incompetent and insuffi- clent to aid in impeaching the verdict. Kent et al against Green ct al. Trrop from Douglas county. - Affirmed. ~Opinion by Justice Harrlson. The findings of a trial court, as expressoed by its rulings upon a motion for a new trial, when based upon conflicting - evidence, cons tained in. affdavits filed, in suppart of the mation, will not be disturbed by this cow unless ‘clearly and manifestly wrong. 2, Agreements relating to a’cause pending trial, “made out of court by the parties thereto and not brought to the attention of the court, are not looked upon with favor. and theccirts are under no obligation to enforce such agreements, 3. The evidence contained in the afdavits filed in support of the motion for new trial herein_examined and held suflicient to sup- port the findings of the trial court, as evi- denced by its rulings thereon. Moore against McCollum. Error from Douglas county, Affirmed. Opinion by Chief Justica Norval. A motion to dismiss a cause out of this court for want of prosecution, in order to be of any avafl, must be presented before the final submidsion of the case upn the merits, 2. Where no brief has been filed by either party, and the cause is submitted without oral argument, the judgment, if it conforms to the pleadings and evidence, will be aflirmed. Phenix Insurance company against Ream, 37 Nebraska, 423; Brown against Dunn, 38 Tdaho, 583; Langdon against Camp- bell, 61 N. W. 84; followed, Mullen against Morris. Irror ‘from Rich- ardson county. Opinfon by Chief Justice Norval. 1. Held: of ‘action, 2. Where one #lgns as surety a bond, which in form is a joint obligation, upon condi- tion that others arc to sign the same with him, and it is delivered without the condi- tion’ having been complied with, the Instru- ment’ i invalid as to the one s signing as surety, unless the obligee prior to the de- livery ‘had no notice of such condition, or the surety after signins walved the:condl- ion. 3. ‘Where such a bond Is delivered to ‘the obligee without being executed by, all the persons named in the bidy thereaf as obli- gees, it {8 sufficient to put the obligee upon inquiry, whether those who. signed con- sented to its belng delivered without the signatures of the others, 4, Where a bond not signed by all the per- sens named in the body as obligors is des livered to the obligee, there 18 no presump- as not to be cons sidercd binding upon those signiag until exe- cuted by all the obligors named in the body thereof. It 18 for those who executed it to show that they were not to be bound unless it_was executed by the others. 6. An agreement by the creditors for an insolvent bank with™ the stockholders and officers thereof to discount {heir claims against the bank 10 per cent, to (hrow off all interest after a certain date and to ex- tend the time of payment of the claims for a definite period, is a sufficient congideras tion for a bond given to a trustee of such creditors by such stockholders and officers to secure the payment of the indebtedness of the bank. 6. An assignment rules which Rrror Opinion tion 21, chapter t coun ards shall inds Of any county l xxill, Brror from Opinfon by Juse original evidence followed.) it in admit- set aside a verdiet Jurors it must ap- which pur- That the petition states a cause in a petition in errar, ors of law urring ‘at the trial, e ed to at the me,'" |s too indefinite to a review of the rulings of the trial ourt on the admission or exelusgion of te ;. Murphy against = Gould, 40 Nes low 7. In ‘an a on a penal bond, fudgment miy be recovered for the actual damages sustained, not exceeding the 1 and interest from the date breach of the conditions, less all the pay- ments made by the obligors, 8. Payment, to be avallable as a defense, must be pleaded. Where payments are.als leged fn the petition and proven at the trial without objection, although denied by the answer, the defendant will be entitled to credit for such payments, 9. Held, that the damag's assessed by the Jury are excessiv Johnson aganst McLeonan Lancaster county. Afirmed. Opinion by Commissioner Ryan. ree of the district court will not b i on appeal o this court, when the sole quest is as to findiogs of fact mad Cteourt, upon com sideratic ficting 'evidence. P irror from Lancass Opinion by Commis= Appeal from Amrmed, sustain verdict 2 In an action by a real estate broker to recover on @ sneclal contract for procuring « purchaser, the contract having heen made by one alleged o be the agent of the owner and the authority of the agent heing one of the issues, the court properly refused an instruction, stating that the plaintifft was entitled to’ recover If he was employed by the owner or some one acting for her with- out stating that such person must be aue thorized 10 50 not. 3. Certaln rulings on the evidence exame tned and held not erroneous. ———— When Baby was sick, we gave her Castoria, ‘When she was a Child, sho eried for Castoria, When she became Miss, sho elung Lo Castoria, Whea she bad Children, sho gave them Casteria