Omaha Daily Bee Newspaper, February 25, 1895, Page 7

L HA TRHAR L AAKOY 'fffl AHANO XHT DAILY BEE: MONDAY, FEBRUARY 25, 189: FOR SALE-FURNITURE. N y am oA AT FURNITORE D%, TaN WooH There's -~ moval of improvements on the premises | . Richardson against Doty. Appeal from house for sale cheap: purchaser can rent house: 0 Last week the supreme court sat two days | within the four prior months.” (Henry & | Lancaster county. Affirmed. Opinion by near Dodge and 2611 ; excellent place for bhoard- at Lincoln. Decisions were handed down in ("l\nm““\v rth ;’_\m any o ainst Fisherdic et l"‘)fill"fl"‘“l"vnrr Irvine. wken until 12:30 p. m. for the evening and | ers or roomers. Address H 61, Bee h Mone In It S0 Collowteg cases: al, 37 Net, 207, foliowed.) o e evidence held suffioient to sustain the wuntil 8 p. m. for the morulng and Sunday O--MO11 26 he 1ien of a mortgage on real estate | findings of the trial court edition. = " —— Advertisers, by requesting m numbered | FOR SALE, HORSES AND WAGONS €heck, can have answers addressed t0 & | {OR SALE OR TRADE, STYLISH MARRE, mumbered letter In care of The Hee. An- | good driver, harness. top buegy, road wagon. Awers wo addressed will be delivered upon :1:;;*;;;;(:: Snything % r;.vmm: 3, “;21 nay ce for heavier horse. Geo 4 Dresentation of the check only. Rates, [ ook, ity hail, e P—-M$13 11-2¢ a word, first Insertion, 1o a word SUPREME COURT SYLLARL material has been furnished or labor per- | of an appeal undertaking executed to ene i formed In the erection, reparation or re- | able the judgment debtor to appeal 3 'hulvn Against Buchanan, Error from taken while a building is in course of erec 2, The provisions of the code of civil pro= wwashing withPeacline, There's | Ta.SoRTY, Afrmed. Ormion by Chlet | Oon e T (AR T0r aiens) | Srvo! e TEsievry o oh pary aaainrt ease and comfort ‘it it, too, and ARt th ARt Coee aviag Two | bor Kifsads A (herealicy Derformed. in | Rround lor s ourt ot heLeecy 1 SUGD Roreatter, Nothiag taken for less than %8¢ | FOR SALE_MISUELLANEOUS, work saved in €very thing you :;::,";tr"&',.::r.‘;,':;; O ny HraPerly e hord | WOt Sompany aEeingt MTordick ok 5 | manded. - Opiuon by Commsclones |rvigs Lot Lo - | WEGMAN PIANOS, BRIDGEPORT ORGANS. do. There’'s no time wasted, ShIng At the G e n‘|‘\'x?u.f;'|'<'.'n‘| RN N ndene ey’ be introduced adeing | authontionred o Preacribed by ‘act of con: Theso ndvertisoments must run consecu: Lt R B St A / littl . ) There" sented trial to show that the date of the com: ess, I8 conclusive here upon the subject 100 AND_CHIGKEN FENCE: TIARD ooD s i o o el i 16 thatas. il Tl ey ssugp. Sitee, b | SRETIEUNY SN Tholmeemck patw | cartr, o o S picketn. R Law, #01 Douglna. o | nothing like Pearline. There's no harm if you tise it, there's by ChTeE TRtied Foaregy AT dan S 1,',-"'\ {8 Grroneocts. ang. Uiot the ' cotitt o o action Biotre! Giemtl Y EXTRRRCED— TOTER. | e . e s R e | 00 reason in doing without it. AR WRUCGRSTTR o ror crtmo my | Beemmoihe of dhe Srba ar: et i | it ST, TG B AATRlcton B 1he S upon information or by indict- | of an earlier date, where the establ ment or by defenses based on matters aris- keeper, situation In family where the work is | $2.00. Address O. C. Teel, Red Cloud, Neb ddlers and some unscrupulous grocers will tell you, ! of such prior date will only affect ing after judgment was rendered Hght; references. Address H 63, Bee. St p o 4 v ot An information must be filed by rights of parties to the suit who were 2. A judgment entered in pursuance of & iy 4 - — this is as good as” or “‘the same as Pearline.” IT'S | prosecutor auting the term of conrt §iouna to thie notice OF the trile Aate ot | WATFRAL OF Rtlorney. I & Biate 1o WitHR i SMOKE HOUSE FOR PIPES, 1404 DOUGLAS, FALSE—Pearline is never peddled, if your grocers send which the accused 1s required to appear, the commencement of Tabor or furnishing | Such " Judgments ‘are authorized, has the ~ WANTED-MALE HELP. — 9D | gozan mitation, be honest—send it back. il JAMES FYLR, New Vork. | S48 00 16 'n Uelendnht 10 ‘4 eriringl | ROQWIred AOL Neich {Fas ALUS RHO BrioE Iy | MSNC R RAvaTaRty proceadings, | S ok porder o S FOR SALE, ONE NATIONAL CASH REGIS- prosecution, who has been committed to | the time of filing the claim for lien, and | & In_an action on such judgment, pay- CUBAN FRE T ter, s good ns new, cheap. Anheuser-Busch | Jail_in default of bail by the examining | who did not and could not depend upon it | ment of the debt before judgment, that the M1y | Brewing association, 1213 Jones st. Q848 35 magistrate, is_entitled to be discharged | for notice of such date, and whose rights | forelgn action was barred by the ktatute of - — === | FOR SALE_2 FRESH COWS AND CALVES FOR EXCHANGE. under section 389 of the criminal code, it | could nct be and were not changed or af- | limitations, or any other defense which ap- WANTED_FEMALE HELP. and one registored Holsteln cow and he & fppear that nmeither an information | focted by the statement of the date in the | piied to the original cause of aotion, cannot calf at 2% Webster, Q -M8o7-2* Continued. fled, nor an indictment was found | claim for lien be avalled of, ‘The judgment {taeif. (s CORS - — 5 . —_ Inst him at the term of the district| 4. In an appeal case, an issue not pre- | clusi ADIES NTING ST-CLASS ~ GIRLS — — TERSON WISHING TO call at Scandinavian Y. W. Home, 18 [ against such’ defenses. Oass Bt MISCELLANEOUS, A stock Jof merehandise for. two 6 4/__ o /[ court at which he 1s held to answer. sented by the pleadings and not fairly | 4. Whether Jolly against Stat r from Burt | within their sco i, theref ’ suMolgn: anddr e Ty of saaie YA e M 74126 oot Prebes gl e X acres of unimpt ed land in Nebr v';lt\"( A'“r"‘".l ‘n‘ At ":”|.‘» 1‘|.»h"| ¢ ‘-‘N v‘l‘v i .‘n ].““yv] s , el ;)’l‘ pr n'.\ulllII suffic \‘H under he laws of another state S o -2 e FORL AT 24 Cin 3§ % . Opinion by of Jus- | o ot decided ‘by the trial court, will | to authorize the appearance entered there- WANTED-A FEW LADIDS OF GOOD CHAR: | "\ ANA FRECKLES, 1604 DOUQLAR ., | Yaste and et Somartunicy tice Norval not be considered in this court under is a question acter and mmnuuld to nesist In \ln‘n;\lAuln-ml a tollet necessity. Address at once, H 3, Tice e M1y CLAIRVOYANTS. LADIES TO DO FANCY WORK AT HMOME: | MRS. DR, H. WARREN, CLAIRVOYANT, RE- '$6.00 to $10.00; steady work; no canvassing; send | jjable b - » T, CURES AND PREVENTS stamp. Delray Needlewark Co., Deiray Mich, e I SETMEYEDTL FOR SALE—REAL ESTATE. ) to be determined from AT SooRH, o8 deyIN , pere he failure of the trial 't to number 5 The oath required by statute to be | the evidence as to the laws of that state, e D the different paragraphs of the charge to | made to a claim for a mechanic's len may | 5 Bvidence | s case examined LR LTl the jury, or to write the word “given’ on | be upon information und belief heid o eHALNSh that the essiones oF & addre: a FOR INTERNAL AND EXTERNAL USE. e marein ‘of cch instraction, s re-| 6 The words vany person: used in the | note othtaining o warrant of aitorney may quired by the statuts, c:nnot be refied upon | statute which provided for the filing of a | {n Pennsylvi i self of suc 4 fn this court for n reversal of the judgment | mechanic's lien, to desiznate Who may acs | rant. e AVAll himself of such war o Colds, Goughs, Bore Throats, Influenaa, Bron- | where no objection was spociil ally. taken | quire wich llens, includes both natural jnd | Barmby against Wolfe, Tirror from Gage — - y o 7 : NE RESL . : ¢ on that ground in the court” at the | artificial persons, or corporations, and in | county. R »d and remanded, O em————————————————— | THE GREATEST CLAIRVOYANT OF THE |FQR SALE OR e iahaa, whi1 " ta¢ chit's, Pnoumouia, Swelling of the time the charge was given. this last 'signification 15 not confined 1o | by Commiscioner Trvine, cminded: - Opinion FOR RENT-—HOUSES. And can ba consulted om W mftairs of lite | Proved: owner haw no use for the property and Joints, Lumbago, Inflammations, A prosecution for a misdemeanor, | corporations created by virtue f the laws | “An assignment o y | of error that the Th ishi t adv business, love, | will take other good property in_exchange. where the penalty fixed by statute is re’ | of this state, but applies to and includes | 1s” against the welght flOUSES, F. K. DARLING, DARKER BLOTK. | marmuge. tuns eoin C eon,, DUmlnees, Lo ! n“ i““l.“s“, “EuR‘lGll, of the evid , H. G. McGee, Council Bluff: stricted to A fine of not exceeding $100 and [ foreign corporations, or those formed under | not good. The s ent must be il B Dy T TS ST ST SR 4 (i i RE-767 38 to imprisonment not exceeding throe siher states a8 well the. Vordlot 1o sior s Ly saMae D T T e T T e FROSTBITES, CHILBLAINS, HEADAHE, = | months, must be instituted within one year L B A TR L A HOUSES IN ALL PARTS OF THE CITY, THE | and happy marriage with the one you love, | WANTED, 100 HEADS OF FAMILIES 1O TOOTHACHE Mi' from_ the time such offense was committed. | cf stablish the existence of the ap 2, \Where n note Is valll as between the 0. F. Davie company, 1505 Farnam. D39 Bl makes n succens whera othors ‘fall. All | {Ake up ‘fre¢ homesteads in the RV 0! , ASTHMA, 3.0n the trial of a pr ion for assault te company as o corporation to relieve | original parties n pledgee may recover the HOUSES; BENAWA & €O, 108 N, 1571 ,?. in trouble call and recelve prompt benefit, ::’.:'mn,":'.'fin e LI g Wil e imailed free by DI FFICULT BREATHING, |and batt it is an error for the court ollateral attack whole amount thereof, retaining any surplus Hours, § to 9. Letters with stamp answered . - 3 to charge the jury that it sufticient 1 | 8, Where there is no proof of the pro- Tally “enc D31 TR I o R B B writing to land commissioner Great Northern WORST PAINS in from one to 3 A8 frustee for the party bemeficl ok 3 they found the offense w committed | visions of the statutes of a sister state B ¢ # Sl - . AR oy TE-Mi:1 M4 | twenty minutes. NOT ONE HOUN after reading | U J " | ) 3 titled: but where the note ix invalid as be- “HOUSE OF ) ROOMB AND BARN S—M762 280 rallway, St. Paul, Minn. = e vertisement need anyons SUFIFER WiTH | Within ol:l\(n:<}\ months pri to the filing | they will be presumed to be the same as | tween the original parties a bona fide om Park ave. Injuire at 422 So. ISth st, = = | ADSTRACTS. THE DYRON REED COMPANY | PATN. SRR AL lon i orror | ose of our own state upon the subject In- | pledgee may recover only the amount of FOR RE ROOM_COTTAGE, IN G :n—,r‘xla bt 5. C.F. HARRISON, 012 N. Y. 1. '".“'""".' it “F"I.;' v patn ‘}"'.'."" Siange Bistiospa that the nct CRAEeEd \vas | contathe & AEAAL oF the Borbotii et parts iniinterente L TEE DS RENT—6- RO AGE, IN GOX 5 T = FARM LANDS, C.F. N, YL Cvory Pain, Sprain, Braisps, Pains a the | evidence « s08 1hat the act charged was | contains & deninl of the corporate exist- 1t fs not erroneous to ins Bair city waler, 81000 ber ‘month o, good | MAPAM SITTL 58 8, WL 2D FLOOK, ROOM % Riz—-M4s2 M6 Ynck, Cliest or Limin. 1t was the first | committed doss' thar & ear: prior” to the | ence of' " compiny’ and: in another fara Whie_ iy etohARntY tre . SahOR Y Bar Tino. ' Tnqulre 4t Stoctzol's siove. atore, | _and o baths. T-MU3 2 | EXCHANGES AND SALES: CITY PROPERTY, u the oniy PAIN KENEDY. i SR el L LV b F T LT LGP AT ) 1 5 i r csses, yet the jury have a right to 5 Instruction of which no rcomplaint is | of the right of the company as a forelgn > osto! D3 o vi . 210 N.Y.Lite. cruct 3 mext to postofice. 33 ' | HASSAGE, MADAME BERNARD, 1421 DODGE, | farms, merchandise. Garvin Bros. 210 That instantly stops the most excruclating 1.0y oLl e ol S el R Al Y f » Into considerati>n their interest in the o A RoDgs 3-8 | puine, winys iniumation, and 'cires ‘congestions: | HUASON (0 oRor Wil ot e Feviewed In | Chimiess hon n” te Stte, he lenaimes | 50 and all’ the clreamstances surround: #ROOM. MODERN HOUSE, FIVE MINUTE 29— O TOTE AN TARMS, | WBether of the Lungs. Slomach, Towels, or other | Hit{!00, 1Y il At L A adings | ine them and give (o their (estimony. only alkc from court house. G. L. Green, room 25, _— BARGAINS, HOUSES, LOTS > FARMS, | flands or organs, by one appiication. L e IR LR ; stch weleht as in the judgment of the jury arker hock D1 TURKISH BATH A TN 4o O K" Darting, Barker block. | B 8 g1t 1o S tespoontul s halt ' tumbler of | Terry against Beatrice Starch company. [ corporate capacity of such company. SR e Tock. b BATHS. % T witer will in o fow minutes cuto Cramps, Spas. | Bivor from G county. Reversed and 10, A treasurer and hookkeeper of cor- | 1" UG Wiouent on a note purporting 1OVSES, WALLACE, BIOWN DLI., 16 § Dus: | TURKISH BATIS: ONLY PLACE IN CITY | GATGAINS, BALE OR TRADE IN CI Blsvpieatons, M eatsche, Dlariven, Dyven: | Vol | ef dustice Or f poraire evary ofiicer of the company 1o be | 1o.he sikmed by A and wite Evlivnce ex: A D exclusively or ladies.” Sulte 105-110 Bee Bidg | PoiCdina rme. Jno. N. Fronser, opp, I O | tekyt” Colle, Fiagulency tnd ail fhiernii ; B iy, GMicer of the, Sompany™ 1o b¢ | amined and held sufcient ‘to sustain the FOR RENT-2u3 CAPITOL AVENUE. 360 M3 There 1s hot 4 remedial agent in all the worki | recover damages for loss sustained by rea- | mechanics len verdict against A, but insufficient to sus- gt g PN A S A —_— ) ———— thut will cure fever adn ague and D PERSONAL. — A % — b Ry ey ks A R Ry tain the verdict aeainst the wife. FING GARDEN LAND, § ML FROM T. 0. | {arious DiHious and other fevers aided by RAD. | oo Of @ reach of the contract set out in | 11 The acceplance of a mortgage by Terry against Wilcox. Anpeal from Lan. o e $100 per acre. 910 N. Y. L. bidg. RE—98" | WAY'S PILLS, so quickly as RADWAY'S REA- oe the_ timo. fixed. for full performance | orty to which the mehonio s Babrok: | caster county. Affirmed. “Opinion by Come FOR RENT-MODERN 10-ROOM 110U S ——— o e S nd — | Y RELIEF. !(Il‘l(l‘ e me xed or full performance ¥ to which the mechanic's lien has at- missioner 1rvine L4 Turnace, h, gas, hot and cold water; one. | B. TAAS, FLORIST, PLANTS, CUT F RS, | BARGAINS, 100-F SOUTH FRONT, BEAU- by the defendant had not then clapsed, tached, will not be deemed a waiver of the The fact that one is a student in a unl half block from Farnam street motor line; in [ Banquet, hall, residence and g ccorations. | “tiful residence corner; only §18.00 per foot, 2. A judgment will mot be reversed for | former lien where such was not the In- [ (TS fACC that one is a student in o uni- most_desirable residence locality in the city— | 1813 Vinton street. Telephone U—663 front. F. K. Darling, Barker Block. error committed by the trial court in ad- | tention cf the par and such additional s 10t entitle him to vote where No. 220 South 35th ave. For particulars apply G, OTTOT - RE-810 25 . o Home Investment Co., 804 DPaxton bik, MASSAGE, ELECTRO THERMAL BATHS, mitting Immaterial testimony, when it is | security does not infringe upon the rvights [ {he untversity s situated, nor does it of A C MAI o e v clear, upon an exam'nation of the whole | of other s, itsell prevent his voting there. " He ma: Bltgro | chltopodiat. Mme. Post, 3186 5. Toth st SRCHANDISE FOR CASIL record, that the Verdiet must have heen | '12 The statemient in regard to a llen, con- | yole At the seat of tho university If he hae NTo . ATh A e PR LAN Lo larger for small farm. the same had the objectional cvidence been | tafned in the contract for furnishing ma- | NS residence there and is otherwise quall- FOR RENT ILATS AT NORTHEAST CORNER | ey T TS rented for business pr nd cash. Xeluned fied th and Howard streets on reqsonable terme. 3 BELLE EPPE 3 5 3 ferinl, etc., the basis for the claim of me- g casi st propert; Brror may > feate he ad- | ol 9 8 o] 3 vl r 2. One's residence is ay S T R P o e order” rom mensure, 100 Farnam treet. el S R Error may be predicated upon the ad- | chanic’s lien; held, not to be a waiver of e resldence, ist where it sRu e mission_ of Improper cvidence, n. o catise | the Mght to the sthtytory Tien cstablished home, the place where he is = Home for land and cash. X S b RIS b R I R 3 3 : nabituaily present and fo which, when he P ROC = TTAGE, ¥ o for lof d cash e y, whe ious he Omaha Consolidated Vinegar com- [ B & L Tan ROOM MODERN COTTAGE. 8 | SEWLY FITTED BATH DARLORS, % nome for lote and cuhe A LES R A e S A e T (AL departs, he Intends to return. The fact that Harney st " DM Turkish and electric baths for ladies’ and gentie- [ yanted, small chuk 16th st PEOBEIC oo been, pre; by county.” Reversed, Opinion by Commis- [ he may at a future time intend to remove i Mme. Howell, 320 8. 15th st., 24 floor. B om0, AR RNTRRBURe A s S e R Y ) Will'not necessarily defeat his residence bec 6-ROOM HOUSE, §30 §. 21T ST. DML —M400 M1 ouse or 10t for Missourl Valley farm, oy & SEARLES ction which assumes a One who predicates his right to relier | fore he actually “docs remove, s no - = e (T 2 TRTNEANNCY == , it for Omitha. Droperty: , | Qisputed question of £ the | upon: theiAileged Athaal sl necessury that he should have the Intention FLAT FOR RENT. INQUIRE 1019 DODGE.™ | OMAHA BUSINESS COLLEGE, ISTH = AND E I Ha et 10000 ) Jury alone to pass on conftt eviaence, | the te Appemiis O LLREE 2 of always remaining, but there must be no A e _ D19 | Farnam. U—M536 128 Wanted, o lonn o Y Tite. RE_830 ;e 4 = Chronic Torpy against Johngon. ror from John- | & substantial compliny Nith «.vv:,»u]w.i.,}‘y.r pr rm}l]\\: re n\\v-\(lne.' e 1-ROOM MODERN HOUSE, WITH BARN, | SMOKE HOU NE KEY WEST CIGARS. R SALE, DO YOU WANT 100 _IMPROVED RS 4 ) ! I‘l‘\fllnl,\' Affirmed. Opinion by Justice auirs 1t thereof where there s iy Lersons “;‘1 erwise ::u"uyl"(‘v_u‘l e “\"r‘»‘:;w South #5th ave, - g —786—M. FOR SALE. ANT 160 13 05t @ neithe waiver nor aceptance o 10 come to the sen el y SR NS00 I hiave: Lo = < M2 ] Prarm o move riant on to March 1, ail in Githel Rervous, Tn action for contribution by one [ fifs thereunder by the other contracting | for the p of obtaining an edu UNION 1. RESTAURANT. INQUIRE 61 \':AVI'C()., tivation, st vour own price?, l}‘:u:l-:‘ s .‘h\ N i " joil |u~l|unn;hll. qm.- test | party. by 'I\"I LI "‘*"n‘n!-n‘!; l\{«‘lirll‘»\l(:':ll:; N. t or M. F. Roys, 1614 FFarnam. ree; home trea 3 east Nebraska, o LTINS L \ ) i : Of recovery is r the plaintiff at the | 2. A party is not allowed to allc s | for support, who have not the inten D R o T || sk ey o ot pin o MAR o ki Private im0t commision “of *{hu “acl 1OV | peltiioh one catse of etjon and prove returning (6 tholr prrenial home upon tho e B 2 ADIREH] & waraan: Sboyingepeiyy X N I which he has been compelled to respond | biher upon the trial, The allegata comple \eir studies, Who are accus- 1816 Chicago_street; conultation. Tacial ani | fow. Davenport & Wa N Lie. Diseases. | *new that "Sion et Was ronstut R HBATTtRG AL Toe lowing, Imhoit | tomed to leave the seat of the university provem clentific obesity treatment free Mondays, Feb. A0S, \.:‘h.“,..- )..’4‘: l‘«'r} warrant a ot against Ho 28 Neb, n‘l‘\‘:r‘lmi \;.‘1“‘:':'\ n. & lvlvln‘;:' m”."\‘;r :m-“i‘m\lfi:\lt TS 5T i Sl against the plain a licens Vineseck agaist Wilson, Brror from | find emplovment. and returning to_the uni- B BEAUTY CULTURE; EVERY LADY WITH | gNDERTAKERS AND EMBALMERS | TREATMENT BY MAIL Consultation Free. s, in an actlon for contribu ¥ Lancaster county, Aflivmed. Opinton by | versity when the term opens, regarding. BT T MU BRI 1T ATOb T THObES, 4O i | facial hair can have it destroyed forever, guar- S nt, also a saloon keeper, on the | Commissioner Ryan. s of the university as their home. BRI 5000 Aramote RT00 B, it EramoMbey, anteed by the ELECTRIC NEEDLE. ' Moles | T 1. DURKE' TNERAL DIRECTOR AND | . Wecure Catarrh, all diseases of the | cround that the furnishing of liquor to an [ No ground of complaint in this case | and baving no purpose formed as to their W York Life. Nl yartl wena red i nose S birthtations; (pow: embalmer , 16! telephone %. 336 | Nose, Throat, Chest, Stomach, Liver, hnhim]l;l I‘l‘runkxy';»!;‘ ‘fnr \\'leh{yh“h'v ‘h‘ Tlll-‘n‘-lv being l.u closed Iml:hqlwr m'l_v of a xr.\n of ":”\':"‘l“:\‘l‘:l xln‘)n;r‘;mnhl";‘lllm' :{h;‘)l{ lmn“;;. ¥ : SR er and cinder marks, freckles, black heads, : ) i " | compelied to respond. was known by him to [ exceptions settled by a justice of the | are entitled to vote at the ses B SEVEN-ROOM HOUSE, WATER, BATH, Tiver “pota.. himpies and sl faclal Bemishes | SWANSON & VALIGN, UNDERTAKERS AND | Blood, Skin and Kidney Diseases, Fe- | roripelict Is unlawful, Johnson against | peace, the judgment renderad by sald jus. | versity. 28th and Hickory. B, D. Evans, 5 removed. Ill-shaped nese and projecting ears | ~ gmbalmers, 1701 Cuming st., te)ephone 1050 male Weaknesses, Lost Manhood, and | Torpy, 35 Neb., 604 tice of the pence without the intervel 3 ago, Burlington & Quincy Railrond - remedied; bust developed; halr, scalp and skin 387 ALL PRIVATE DISEASES OF MEN. cy against Straube. Error from | of a jury will not be disturbed, since that ny against Bell. Error from Lan- i . . = Johnson _county. Afirmed. Opinfon by | magistrate had 1o power o settle suoh | caster county. Reversed and remanded. MODERN 7-ROOM HOUSE, NEAR PARK. AP- | enses cured by the Curapathic Institute. 107 8. | 3. 0. MAUL, UNDERTAKER AND BMBALM- | “\viAx mEN ARB VICTIMS 10 1IBRVOUS | Justice Post, fdlapensanie b of exceptions, following, | Opinion by Commissioner Ragan. BIYATMYS ety DAY ST NIt Dige] U6 M (er) 1 (it Farnam st S8l oph 0N BS: Debility_or Exhaustion; Wasting Weakneas, In | ° A covenanies is not required to resist an | Moline Milburn.Stoddara compiny”againi | The seheme of the Rurlington Rellef de- i T : ) BST FINISH, $1.76: 10 | G = TRCLR ST, | voluntary Loases, with Jarly Decay in young | action by the holder of the paramount title Curtls, 35 Neb. ~ 62), and other cases | partment, organized and conducted by the e S T R . MODERN e R B T b tae] 1o e A e st a0 and midile Sged; inck of ¥im, vigor andweskened | until actually ‘dispossessed by legal pro- | theron predicated, °F CUSES ] Chicago, Burlington & Quiney ' Rafirond i . " D—M895-26 T M3 | e | prematurely in ‘approdching old nge All yelld | coss, but may recover ugainst his cove-| Hines against Cochran. Appeal from | company and its employes. examined and FOR RENT_7-0OM HOUSE, ALL MODERN | MARRIAGE PAPER, WITH 1,000 ADVIRTISE- HOTA&LS. e ot U v mase avitn ¥iamp pie o | noucor jafiersyolupbasly Sutrendeving (to Douglas county. Opiniun by Comumissioner | sct out in the cpinion and held: (1) A improvements except furnace. No. 2217 Cass st. | nents and photos of marriageable people, many = - culars. free book and, recelpts. 2 assumes thereby the burden ‘of establish- | ' Aha evidence In this case examined and | no pnrt of its charter Is set out in. the D—MB8Y5-26 rich; lists of books, novelties, etc., free. Gun- | HOTEL BARKER, 1STH AND JONES STS. Dr. Searles and Searls: 1416 Farnam | ing the title which he has thus recognized. | held to sustain the decrec of the district | pleadings or evidence In the record, the i o LT ER' 3 3 JGLAS. § " S 3 Fuller & Co. et of the railroad company. Skipner, 310 K. Y. Life. D305 300, | ETOECKRRS/EMOIE HOUSE, "0y DOTOUL| Epacial ‘rates Jto commerolal teavelere,, Room Polk agains{ Covell. Error from Doug- [ ' 3. In respeet to the rights of J. A. Tuller VERY DESIRADLE _ HOUSES, VACANT manager. 3 1 " b i L0 In the orcanizntion and conduct of the wec as county. Reversed. Opinfon by Justice | & Co., the case of Byrd against Cochran, | lief department is within or without the March 1. J. H. Sherwood, 912 N.' Y. Life. 5 PATEN T Post. 39 Nebraska, 109 5 s 4 Dogso 2ge | MONEY TO LOAN—REAL ESTATE. | AETNA HOUSE (EUROPEAN), N. W. COR. involving the same ques’ | express and implied powers conferred by One of several defendants having sep- | tions, Is held decisive. T o D e abiashoe. of sl ey 13th and Dodge. Rooms by day or week. 3812 CHICAGO, SOUTH FRONT ROOMS, ALSO | ANTHONY LOAN & TRUST CO..318 N.Y. LIFE, 350 table board. Tel. 1380. T 2 loans at low rates for cholce security In Ne- | eess——— >. treated; fat reduced: mervous and female dis- g arate apd distinct defenses may prosecute ct ‘al ogainst Durgess. Trror | dence on the subicct the court cannot pre- Lawyers andsolicitors. SUES & Co., Bee | an appefil from the county court to the dis- < B S O e aauh Sy Affirmed. Opinion b | sume such act of the railroad company is FOR RENT_FURNISHED ROOMS. PLEASANT ROOM. 1919 DODGE. B—-M270 FOR RENT-STEAM HEATED FURNISHED B2 rooms. 604 So. 13th. 3 FURNISHED ROOMS FOR HOUSEKEEPING, man and wife; rent taken in board. 319 N. 17th. E—403 3 NICE RNISHED ROOMS FOR LIGH housekeeping. 1112 South 11th St. B FURNISHED ROOM. 217 HARNEY MSG0 2% THREE UNFURNISHED FRONT ROOMS FOR housckeeping; cheap. 2011 St. Mary's, —M919 250 — braska and Iowa farms or Omaha city property. W -333 BUILDING & LOAN ASSOCIATION | Bullding, OMAHA, Neb. Advice FREE. LIFE INSURANCE TOLICIES LOANED ON or bought. ¥ O. Chesney, Kansas City, Mo MONEY TO LOAN ON IMPROVED OMAHA real estate, Drennan, Love & Co., Paxton bik. VERY LOW RATES MADE ON GOOD LOANS. J. W. Squire, 28 Bee bldg. W3 CITY LOANS. C. A. STARR, 66 N. ¥, LIFE, w3 HOW TO GET A HOME OR SECURE GOOD interest on savings. Apply to Omaha L. & B. W. Nattinger, Bec, Ass'n, 1704 Bee bldg. RAILWAY TIME CARD [BURLINGTON & MO. RIVER.|Arrives Omaha|Union Depot, 10th & Mason Sts. SHARES IN MUTUAL L. per cent when 1, 2, 3 years old, always 1704 Farnam st., Nattinger, Sec. B. ASS'N. PAY —_— BICYCLES. M. O. DAXON, 402 N. 16TH. OMAHA BICYCLE CO., 828 N. 16T HST. .Fast Mall (for Lincoln) Dail; CITY AND FARM LOANS AT LOWEST rates. Pusey & Thomas, First Nat'l Bank bldg. FULNISHED ROOMS AND BOARD. FRONT ROOMS & BOARD CHEAP, 2310 Douglas. 195—M20 DESIRABLE ROOMS, WITH BOARD; STEAM, ete. 202 N. 15th streeet. F-MIZT 10 ROOM SUITABLE FOR TWO, WITH BOARD. Forms reasonable, pleasant location. 25 street. FOR RENT, SUITE OF rooms, all modern conveniences; y Fied couple preferred. 17 Mason FOR RENT, FURNISHED ROOMS, WITH board, steam heat. Utopia, 1721 Davénport St. Tr846- MONEY TO LOAN ON IMPROVED OMAHA property. Fidelity Trust company, 1702 Farnam. LOANS ON_IMPROVED & UNIMPROVED CITY property. W. Farnam Smith & Co., 13 Farnam MONEY TO LOAN ON OMAHA REAL BSTATE at6 per cent. W. B. Moikie, lst Nat.' Bl bids: CITY LOANS, $500.00 to §0,000.00 AT LOWEST rates. " Poweil & Potter, 1at floor N. Y. L. bldg. MONEY TO LOAN; 6 PER CENT LOANS ON inside improved business property; large loans our specialty. Neb. & lowa Trust company, 24 N. Y. Life bldg. W77 28% FURNISHED ROOMS WITH GOOD BOARD and telephone, 212 8, 25th st, F-Ms92-2¢ PLEASANT ROOM IN PRIVAT FAMILY, with or without board; references. 213 Far- nam, —~M8) 2¢ UNFURNISHED ROOMS TO RENT 3 TO 5 ROOMS FOR LIGHT HOUSEKEEPING; gas, water and hot water, heat. 1623 Center or 309 '8, 17th. G--MB9§ 26% T ) ¥OR RENT—STORES AND OFFICES FOR RENT- 4-STORK BRICK BUILDING 916 Farnam This bullding has a fire. roof cement basement, complete steam heat- ng fxtures on all floors, gas, iy at the ofiice of The Bee. THI: MAX MEYER BUILDING, N. iith and Farnam: rooms, 22x100 or 44x100, or the whole bullding: steam heat. electric ele- vator; bullding wili be arranged o suit ten- ant. Tnquire 1018 Farnam street. 1-—-M305—F28 FOR RENT—FIRST CLASS THREE-STORY d basement brick store with elevator av 1008 Farnam, sultable for any kind of business. 1n- auiro at’room 814 Firet National Bank Bidy. —66: FOR RENT, LARGE DOUBLE STORE, basoment, steam heat, Street. Roya, 1614 Farnam stroet — “HICAGO, BURLIiN A L. DEANE & CO. WHOLESALE AND RE- [ Omaha|Union Depot. 10th & Mason tail bicycies, 1116 Farnam street. WILL BARNUM & BRO., 120 N. 16TH STR! only riding school In the city. Western Blectrical Supply Co., hicago Limited ‘Ciiicago Express (ex. | CHICAGO & NORTHWE: Depot, 10th & M astern Express Vestibuled Limite LOST, FROM DAVENFPORT AND 12D STREET, undérsized liver' and white' pointer dog. turn to Parmelee Gun store. CARPENTERS AND BUILDEES. C. E. MORRILL, ‘Omaha_Chicago Speciai.. HICAGO, R. 1. & & Masn Sis.| Omaha PAPER HANGING, HOU sign painting, brick work, plastering: Barker Blk.; tel 73; shop 2211 lzard —_— MONEY TO LOAN—CHATTELS, Bunday).. 6:00 MEDICAL. MONEY TO LOAN ON FURNITURI PIANOS and all kinds of security. Fred Tery, room 430 Ramge block. X—3 MONEY TO LOAN ON HOUSEHOLD FURNI- ture, pianos, horses, wagons, or any kind of chattel security at lowest possible rates, which you can pay back at any time and 'in any amount. FIDELITY LOAN GUARANTEE CO., Room 4, Withnell block, X344 SYPHILIS TREATED; on payments; consultation free; 8 to 10 o m. 1103, 710 9 p. m. 280 Cuming at X (ex. Sun.) 11 :30pm -..Colorado_Limited Depot 1ith ‘and Webster & Nebraska Passenge 4:30pm. . Sloux z exs (ex. Sun 3. B. HADDOCK, ROOM 41, RAMGE BLOCK. MONEY TO LOAN ON FURNITURE, PIANOS, horses, wagons, etc., at lowest rates in clty: no removal of goods; strictly confidential; you can pay the loan off at any tme or In any t. OMAHA MORTGAGE LOAN CO. 306 8. BUSINESS CHANCES. DO YOU WANT A MONEY MAKER? THE Edison Kinetoscope (eight machines). took in $8.000 In less than three months, For terms address 1dison Kinetoscope Co., 109 So. 16th naha, Neb. Y—M65T OMAHA OPTICAL CO., LEADING OPTICIANS, Eyes tested free, 222’8, 16th street. th nad¥elsts MASK SUITS. LADIES' AND MEN'S MASK SUITS FOR RENT at Golden Eagle store, 114 £, 16th street. ELECTRICAL SUFPLIES ELECTRICAL ENGINEERS AND CONTRAC- tors for electric light und motor ectrical construction. trical Supply Co., 418 and 420 5. 15th st. SHORTHAND AND 'Y PEWRITING. MISSOURI PACIFIC, Depot 1oth and Webster Sts, h and Vyebster Sts. FOR SALE, NEWSPAPER AND COMPLETE outfit in a thriving littie city in North Ala- bama; great bargain, Address, W. J. Sibert, Gadsden, Ala. YN8 230 AGENTS WANTED. ' AGENTS IN EVERY ETATE ON SALARY AND commission. Agents making $25 to $50 weekly, Burcka Cicmical & Mig. Co., La Crosse"Wia —Mal§ AL EN TAKING ORDERS FOR CUSTOM made suits to handle a light, profitable side e, ogers & Donathen, Kunsas City, Mo. J—MSTT 26* ~ WANTED--TO RENT, WANTED, TRAVELING MAN WISHES BOARD and room for wife und baby, with strictly pri- vate family. References. Address H 61, Hee oifice, K- MIZ 2% STORAGE, BEST STORAGE BUILDING IN OMANA, U, 8, v. bonded warehouse Household goods stored. west rates. 10131015 Leavenworth, M—319 SI0RAGE. FRANK LWERS, 1214 HARNEY. “321 ~ WANTED-TO BU¥, CITY & CO WARRANTS. PRICHARD 1712 FA'M. WANTED-3 SBBCOND HAND UPRIGHT plancs; please stale price, make and where it csn bo seen. H. B. Scott, rvom 430 Ramge Block. N—a28 WANTED, TO BUY, SMALL SECOND-HAND aston for small Shetland pony. Inguire for Wil Aaron at Doston stere. N--M8§3§ WANTED, TO PURCHA: OUTFIT OF woller ckites, new or second-hand; stale sizes, coudition and number. Price must be low, for eash, Address Box 6, Norfolk, Neb. N-MSO B WANTRD. GOOD. MEDIUM 81ZE HAND. PR Sewight slavator; | nume *botton urice box 134, Lincoln, Neb. N—-Muzl i BRICK YARD FOR SALE OR LEASE, CEN- grally located, with a ‘capaciiy ‘of /00 per lay, For terms address H 4, Bee V19427 BOOT AND SHOE MERCHANT. IF ¥YOU want to locate in the best town in southwest Missourl address H 49, this office, for par- ticulars. —MB0 26 Paill "Limited..........1 SIOUX CITY 4o PACIFIC, Union Depot, ) oux Cily 1 3 l'zllrfl_ Limited......... "8 SCHOOL OF SHORT HAND, N. Y. Life, Omaha. Ask for circular. 366 OMAHA DUSINESS COLLEGE, 1ith & FARN'M T MUSIO, ART AND LANGUAGE. . ¥. GELLENBECK, BANJOIST AND GUITAR 2:00pm. Bea'ice & Stromskg Ex. (ex. Suni Pacllic Express DENTISTS. | GOOD PAYING MANUFACTURING BUSINESS, complele, for §%0. Good reasons for selling Address H %, Boe. Y664 MDSE. EXCHANGES. H. A.WAGNER, OMATIA 3 Aezer #28 CUBAN FRECKLES, DEST 1N THE $200.00 MONTHLY GUARS facturing concern wants presentatives in city not taken). Must have few s cash o pay for goods on de- livery after orders lave been secured. 3 Vail, Morse bld w Y FOR SALE-DEST PAVING MILLINE ness wost of Chicago. Addross 1o City, 1a. \ DR, PAUL, DENTIST, 2020 BURT 6T. WHOLESALS COAL. JOHNSON BROS., WH all kinds of coal. Correspondence solicited. HAS REMOVED 16th st., Brown block. PRICE REDUCED: SHERIDAN, BEST ming coal; But. §4.60; lump, §:. a ton delivered. affice o 209 8. Farnam stieet. FOR 8A DESIRABLE loan bLusiness ‘in Omaba; good reasons for selling; (his will stand closest Investigation: might take some clear reak estate as part pay ment; unless you mean business don't answ Box 10, Omaha. YN0 DO YOU WANT A GOOD. SAFE BUSINESS that will well on $1,600.00 to $2,000.0) eap tal? Grocery, next door to largest meat ma ket In the clty. Write at onoe. #. 0. b FOR EXOHANGE. PROPERTY FOR MDSE. 1A, WAG vents $%0 month. to exchange for western lows or castern Nebrasks farm. F. J. Schnorr, Councll Bluts. Z-M58 0 STOVE REPAIRS makes of stoves nections a specialty. Stove Repair Works. “EMPLOYMLNY OFFICE. ADIAN EMPLOYMENT moved to 1528 Douglas; furnis) water atfachment and con- 1207 Douglas st and the pain is gone, guess work about TMexican Mustang Liniment best male and WOOD AND KINDLING, TEL. 1%, HARD WOOD AND KINDLING. DENTAL COLLEGE. trict’ court without joining his co-defend- ants. 2 When the Interests of the several de- feridants are inseparably connected, an ap- peal by one defendant brings up the whole case. 3. But in order to secure a review of a joint judgment by petition in error all persons interested must be made parties to the proceeding, as plaintiff or defenat.nts. Randall against National 1suilding, Loan and Protective union. Appeal from Hall county. Motion for rehearing denied. Opin- fon by Justice Post. The fact that opinions are prepared by commissioners of this court is no indica- tion that such cases have not been exam ined by the judges. All questions of law, and, so far as practicable, questions of fact, are considered by each of the judges and’ commissioners, and opinions are in- variably submitted for examination and criticism by the entire membership of the court. 2. Stock payments by a borrowing mem- ber of a building and loan association are not ipso facto credits upon his indebt- edress, so as to reduce pro tanta the amount due on his mortgage. 3. But a borrower may elect to have pay- ments on account of stock applied upon his indebtedness to the association. Ran- dall against National ng, Loan and Protective association, . W, 1,019, ecment whereby the' stock of a ing member of a building and lcan assoclation, pledged o8 for his loan, 15 to be forf pon defa of interest, ‘without all dit on ac count of 'payments previously made on such atock, 18 unconscionable and will not be enforced by the courts of the state, al- though recognized as valid in the a ation's own state. Omahn & Republican Valley Railw: company against Cook. Irror from How: ard county. Motion for rehearing over ruled, Opinion by Justice Post. The engineor in “charge of a railroad train may presume that a trespasser dis covered on the track is In po on_ of his senses, and that he will appreciate th danger and act with discretion. Ha is there fore under no obligation to stop his train or even lessen the spoed thereof before discovering that such trespasser is in im- minent danger of personal injur 2. Such_pre fon has no application to persons ineapable of car ves, such as the very young and th s, Nelson against ~ Johngon, from Burt county. Affirmed. Opinlon by Justice Harrison, Where 1t Is sought to present for review alleged errors of a trial court in recciving or rejecting testimony, and also the appli cability of an instrucifon, to portions of the evidence, it is necessary that there be a properly’ authenticated bill of exceptions. 2 A clerk of the district court has no power to settle and allow a bill of excep- tions, unless it s within the excoptions noted and provided for in section 311 of the code of civil procedure. Affidavits used on the hearing of a mo- tion for a continuance cannot be consid- in the appellate court unless pre served by a bill of exceptions. 4. An instruction which was a correct statement of a rule of law applicable certain class of testimony, the abs of a properly authenticated’ bill of excep tions preciuding its examination in connec tion with the evidence, presumed 1o be without error. Spotswood & Son against National Bank of Comm Krror from Douwlas county. Affirmed. Opinion by Justice Harrison. Where a motion for o new trial is made on the grounds that they were neve parties to the uction and never appeared therein, and ne authorized any attorney to appear for them, and that the attorney who claimed 1o represent them had no atthcrity to do so. and that no proper defense had beer made in their behalf, and that they possesscd a full and adequite defense to the action which they desired to present, and affidavits a in support of and to controvert the gr of ruch motlon, it 1s proper for the letermining the motion to psideratiin matters of record which occurred during the trial of the case ar have a bearing upon the issues to be d termined in deciding the motion for a new trial, 2. Where the certificate to a bill of ex- ceptions filed in this court, purporting to contain the evidence used on the hearing of a motion for u new trial, Includes a statement that the evidence introduced and proceedings during the trial were con- sidered in passing upon the motlon, and the evidence and record of such proceed- ings are not preserved by the bill of excep. tions, the question of the correctness of the ruling of the trial judge cannot be ex- amined in this court, for the reason of the insufficiency of the bill of exceptions and the findings of the trial court on the issues of fact involved in such hearing must be presumed {o be correct, and so treated Chapman sagainst Brewer. Appeal from Cedar county. Opinion by Justice Har- as a pain driver, ILLEGE DENTAL SURGERY, FREE s tor man or beasts lnfmaryi deatistry of eosl, ¥ih & Cap. rison. “A ‘party taking a mortgage on real es- tate {5 bound at the time to know whether Commissicner Ry; Prejudicial _error “will not be implificd from the introduction in evidence of a pe- tition_verificd by aflidavit, in which peti- tion were contained only ‘such statements as were afterward by said afflant repeated on his oath in the course of the trial Ir which such petition was introduced in evi dence and in relation to which statements there was thereupon accorded and fully xercised the right of cross-examination. Where the handwriting in which was affixed the signature to a letter was identi- fied as that of one of the parties to the ac- tion on trial, such letter, if otherwise com petent and relevant, 1s'admissible in evi- dence, even though' the signature thereto is denfed by the testimony of the party charged with writing it. 3. Where with the tacit consent of his ad- versary a party litigant had assumed the burden of preof until the case was ready for presentation to the jury, the refusal of the district court at that stage of the pro- dings to permit the hitherto consenting n and close is fully approved. Maxwell agains! Error from Lan: er count. Reversed. Opinion by Com- missioner Ryan. Upon the faith thercof goods were fur- nished to the party in whose favor th was executed Dy defendant to plain(ifts this written guarantee: In consideration that 8. A. Maxwell & Co. furnish to Stough ton merchandise to the amount of §1 on credit, 1, for value received, hereby guar antee due payment thereof.” 1In a suit to scover the purchase price’ of such goods, less In amount than above named, evidence: by notes of Stoughton; held, that it wa competent to vary the terms of idwrit- ten guaranty by cvidence that the credit contemplated thereby had been in advance by agreement, between plaintiff and fendant, limited to a certain fixed period of duration. Houston & ngt City of Omaha, Error m Douglas county. Affirmed. Opinion by Commissioner Ragan An assignment of error: “Irregularity fr the proceedings of the court and the jury by which plaintiff was prevented m hav- fair trinl,” specllically states no act done or cmitted by either court or jury which this court ean review To ennble this court to review an as- slgnment of error: M isi duct of the ' the action of the jur which, it is mounted to misconduct, L be #tated in the petition in error and the facts showing such misconduct s tained by affidavits filed in and brouxht to the attention of the distriet court on the learing of the motion for a new trial n assignment: “Errors of law oceus ring at the trial” is saflicient in n motion 1or a new trial to enable the distriet court to pass upon the question s to whether it errs in the admission ¢ rejection of evi- dence; but such an assignment in a peti- tion in error presents nothing that can be reviewed by the supreme o 4. The cvidence examind and ‘held to sup- port the verdict of the jury. Flannigan against ~ Cleveland, Error from D las county, Aflirmed. Opinton by Commissioner Ragan The signers of an undertaking in appeal are estopped in a suit upon guch under taking from making th defense that no ppeal was in f ted, Gudtner Kilpatrick T frst Thompron, 18 515 Dunterman \inst Storey, 40 Neb., 417, reaffirm An undertaking in appeal provided that the defendant in the P “would prosecute h peal to éffect and without unnecesgary delav' and that if the judg- ment should be adindged against him on appenl the signers of the undertaking would satiefy such judgment and costs, No tran: eript of the proceedings had in the court e the judgment wi rendered was e in appellate court, and no appeal e fected. In u suit by the fndement ered nst the signers of sald undertaking; held (1) That the signers of 1 indertaking promised In effect to make ood o the fudg- ment creditor his judgment if it should r reversed he fallure to perfect the appeal opes 45 wn affirmance of the Judgment ¢ ) That the promise of the signers of the undertaking had been broken (1) That the measurc of damages of the judgment creditor was the amount due upon the judgment 3. The proyisions of section Gl of the Code of Civil Procedure are not anplicable to a Judgment rendered against the signers of an undertaking on appeal 4. The Habilily of the sleners of an appeal undertaking s between them and the judg- ment creditor is that of principal cred- itors, 6. In a suit against the signers of un np peal undertaking the fact that the fude- ment debtor has property out of which the judgment creditor could satisfy his judg- ment {5 not a defense in a sult at law 6. The issuing of an execution and its return unsatisfled is not a condition prec: dent to the right of a judgment creditos to maintain an action against the aigues ultra_vires, 2. The contract signed by an employe of sald raflrond company on becoming a mem- ber of snid relief department to the effect that if he should be infured and receive s from the relief fund of said rellef department on account thereof, that the acceptance of such relief funds 'should op- erate as a release of such employe's claim against said railrond company for damages because of such injury, construed and held: () That such contract of an employe did not lack consideration to supvort ft. (2) That the nromise made by ‘the em. plove to the rellef department for the benefit of the raflroad company was available to the latter as a cause of nction or defense, (3) That such contract was not contrary to public policy. () That the effect of such contract was not to enable the raflroad company to ex- onerate itsell by contract from llabllity for the nerligence of itself or servants. (%) That the employe did not wave his vight of action against the railroad com- pany In case he should be injured by its nerligence by the execution of the contract. (® That it is not the execution of the contract that estops the Injured embloye, but his acceptance of moneys from the re- {ief department on sccount of his injury after his canse of actim agninst the rail- road on account thereof arises, 2. An employe of sald raflroad company and a_ member of said relisf department was infuped through the neelivence of the rallroad company. After his injury there was paid to him_from the funds of the re= artment 860 on account of such in- he employe accepted ‘this money and then sued the rallread combans for damag 8 for ne lige v inju'i g him. Thers was no showing that such employe was in- duced to become a member of sald relief Aepartment, or execute sald contract or re- lense, or accent the monev paid to him by said ‘relief department, through fraud or mistake; held: That the employe could not reenver. McCauley against Ohenstein et al. Aps peal from Lancaster county. Reversed and action_dismissed, Opinion by Chief Justics rv Tn an action to aulet title, when the plaintifl’s 1itle i put in issue by the answer, he 15 required to establish upon the trial that he is the owner of the legal or equit- able title to the property, or has some in- terest therein superior to ‘the rights of the defendant in_order to entitle him to the relief demanded. 2 Inarmuch s the legislature has failed to provide for an official seal for county treasurers, no tax deed ex under the revenue law of 187! anv valldity, Lawson against Dickey, 39 Nebraska, 463, Ahered to P wkainst Spencer, Frrov from Tuffalo county. Motlon for rehearing denied, Opin- fon by Chief Justice Post. "Phis court muy, under the provisions of section 144 of the code. allow amendments in order to conform the pleadings of the facts provided in the trial court, provided snoh amendments do not chaneé substan- tially the cause of action or defense 5 "Rut_amendments will not allowed affer judement which change substantially the nature of the action or defense. 3. The only means provided for the ae- cortainment by this court of the character of the evidence introduced before the d trict_court is a bill of excentions cnfed in the manner prescribed by law. Lorenzen reaingt Kareas City Tnyestment company. Wrror from Douwlas county, Af- firmed. - Opinfon by Commissinner Rvan, Tn an action in the nature of an action af decelt it I8 necessary not only to show the naking of' falss reprosentations fnstifiably wlied upon, but (n addition 4t must be made frectly and not hy conjecture to appear that. from such false representations and vellanes n them, there resulied a direct and actual loss 1o plaintiff 2. The evidence and petition in this cose revie and_ el t e fustified an in- struction to find for the defendant. - - The Modera Invalld Has tastes medicinally, in keeping with other luxuries. A remedy must be pleasantly ac- ceptable In form, purely wholesome in compo- sition, truly beneficial In effect aud entirely free from every objectionable quality. It really il ho consults & physiclan; If constis pated he uses the gentle family laxative, Syrup of Figs. When Baby was sick, we gave her Caztoria, When she was a Child, sho cried for Castoria, When she became Miss, she clung to Castoria, Whea she had Clildren, she gave them Castoria