Indianapolis News, Indianapolis, Marion County, 17 May 1917 — Page 2

W#;

THE INDIANAPOLIS NEWS, THURSDAY, MAY 17, 1917.

"—:

Pumps and Friday !

kid—gmnraetal, white canvas and

— .vere up to $4.50—remember, these are .-4 day only, at |2.45. —•Win

feCompany

r ^iu^^ edup '

‘

-footed in a moand ntver coffer

burning, blktered, fly feet “Tlz M and

^fieT'th^f How good

core-

and bon-

feet in a

happi-

your

want to WP* poicon-

our ing,

SHS x of w Tiz ,, *t any

^ rtment ctore. Get 5t relief. Laugh at foot who complain. Because

are never, never going to or make you limp any more.

Cocoanut Oil Makes A Splendid Shampoo

—

.

If you want to keep your hair in tod condition, be careful what you

■P and prepared sham-

contain too much alkali. This the scalp, makes the hair brit- * is very harmful. Just plain

d Cocoanut Oil (which is

and entirely gresselees), is

• than the most expensive

or anything else you can use

Ing, as this can’t pos-

tha h*ir.

moisten your hair with rub it in. One or two will make an abundance creamy lather, and cleanses and scalp thoroughly. The

GUARD fROOPS 10 B£ MZED BY STATES

thin

WILL BE FORMED INTO divisions.

TO LEAVE STATE CONTROL

urs national guard of th« various staAas ntfunci? Hr. Baker anihmt th*. „ ., dat * be aieo will explain llzed « ,UArd b « mobiiffFa! manner: fl rst be eem to etate moSISK, ’ , ’ 11 b * "• rilir.SH.r

lh *

New Regiments Not Included.

Kath department commander haa submitted recommendations for five tentative dlvieionai ettas within each district KS n r* ■]««■ the wa? Wl! iTw wn* t one trO announced [V^ C*ntonmenta will be erected at Ihoeen^eSS fh ■ 00r }, M th * y ar ® Anally

th ? national guard will be

ftnfv ■tete mobllixation camps completed. h c^tonments have been nnt nn r «* 1 »nsnt which Is

SSI f p t*h\^.sr.*! h w "' •“*

and they _wlll no longer be under etate

rinses out easily and reevtry particle of dust, dirt, “ and excessive oil. The hair quickly and evenly, and it it fine and eilky, bright, and easy to manage. ' ‘ ‘ ' cocoanut oil any drug store. It )e very chaap, and a few ounces is enough to last every one in the family for

|

SULZER TO SUCCEED RITTER 1 ■ SWIM toanomlrt Coming •• MlnKtar

I to Waahlngtonr.

BERNE (via Paris), May 17.-The euccessor of Dr. Paul Ritter, the Swiss p minister to the United States, who haa ' been transferred to the legation at The HWgue, wUl be Hane Sulser, of Winterthur, provided he Is a persona grata to

| the American government.

M. Sulser, who is not a diplomat by training, ie the head of the directorate nf n firm bearing hie name and is reiferdrd exceptionally well Informed regarding the economic needs of Switsertawi His appointment to the legation at Washington, like that of Dr. Ritter to The Hague, la understood to be only for the duration of the war, after which “a final reorganisation of Swttserland’e diplomatic representation’' will take The diplomatic developments under which Dr. Ritter was transferred to The Hague came as a complete surprlee to the people of Swttaerland, even though a change obviously had been In-

tended for some time.

The newspapers here and there speculate on the transfer of Dr. Ritter. AH of them recal hla attempts at mediation between Germany and the United and aome of them affect to see

Tench language newspapers, which Ion* have carried on an agitation ngatnst Dr. Ritter, deal gently with hie M. Sulser, who is only forty-two years old. was trained in a British mining concern and the Swiss bank and then toured South and North America before entering hie own Arm. He Is married and is the father of three children. Spring Reaches the Dunes. (Special to The IndtanapeHs Nowe) GARY, Ind., May 17.—This Is the secend day of actual spring here and overcoats were set aside for the first time ‘ iy. For fifty-one days without until Tueedejr, a north wtnd kite Michigan blew over the en- > dune country, retarding all vegeta-

A Suggestion to Pipe Smokers:—

lust try mixing a little genuine "Bull** Durham tobecS^KiSESM

P

BulcKrham

can make for yourself, own hands, the most fragrant cigworld and the Machines

control. Their training In the weeks to

States army.

H is expected when the time comes to send troops abroad, parte of the national guard will be Included In the flret large increment to be sent, for many of the national guard regiments are regarded

as efficient as regular troops.

Cavalry Left Out

Cavalry probably will not be Included in the national guard call. In a letter !!! nt 0 1 VL°«r eral w - A. Mann, chief of

the militia bureau, aaid:

'•The^eeCTetary of war haa directed that all persons concerned be notified that In the organisation of the national army to be raised by selectiverdraft for ir»i^ra?. of wa . r - 2 ava, r> r ° r * an - isatlone will not be raleed, and that all governors of states be notified now that In calling out national guard troops for treJnlng preparatory to any possible a^'^ofB'fcciSss 1 ""’ "»*”'**- ..This Is taken to mean that the national guard cavalry will be used as a reserve to supply shortages In the Mex-

ican border patrol.

French Mission Speaks

WASHINGTON. May 17.-Speaking for Vice-Prescient Vlvlanl, Marshal Jo fire and other members of the French war mission, General Counsellor Hovelaque ha* Issued a statement thanking the American people for the reception accorded the mission during Us tour of the •Mtoj-n and middle western states. •The whole mission,’■ he said, "was deeply gratified by thp reception It met with everywhere, and not only gratified, but surprised at the universal enthusiasm shown. Among many regrets there la one the mission particularly wishes to express, and that la that in spite of its keen desire to do so it was utterly unable to visit New Orleans, Richmond and a few other southern cities. It had intended to do so, but urgent business recalled It to Washington. The mission hopes that all the towns which so kindly extended Invitations to It will understand that only considerations of an Imperious nature oould have prevented it from visiting them. ‘ "The reception everywhere accorded to the mission In the middle west was. beyond words, fervent, and touched us all deeply. It was clear even to a superficial observer that everywhere the cituene of the different towns It passed through were whole-heartedly in eympathy with the mission and all united In the common cause. It would be Invidious to pick out any special region or town aa having manifested its feelings in a more charming way than any

other.

"The memory that the mission will take away of Us hurried trip through too small a part of the United States will glow in the recollection of all. France already knows what a magnificent welcome was accorded us everywhere, but we hope on our return to bring even more fully home to our fel-low-coutrymen a realisation not only of the feeling that exists In America for France but that this feeling Is as earnest as It la widespread and of a nature to inspire the utmost confidence as to the future action of the United

BtfctM.

"Among the Innumerable marks of generous sympathy none went more directly to the hearts of every Frenchman on the mission than the manifestation of Interest in our orphan children w« received in the form of substantial offer-

ings, notably In Columbus and Boston.

‘ grat

the different committees which

our hearts go out in

titude to

_ | _ __ _.h are so successfully pursuing this admirable work and both M. Vlvianl and the marshal wish to express once more their deep appreciation of their efforts."

SUPREME COURT.

Abstract* of Opinion* Handed Down

May 16, 1617.

INSANE PERSONS — CONSTI I 1 LIT TO V a t

LAW.

MW. Dana Simmon* va William Simmon. «t al. Hendricks C. C. Affirmed. Lalry r j* Complaint by appellant a«ain*t her broth*r and sister and others forAliered false Imprisonment In causing her confln^ mem In Insane asylum under precaadin-, before a Justice of the peace under Section MSI Burns, 1SU It beln* appellant’. SS,". tion that such law is unconstitutional Tb. appellant relies upon the Fifth amendment to the United States Constitution aa makina the act under which appellant waa confined unconstitutional. The supreme court holds that it ia only fair to the trial coun m test tba pleading only upon tha ground upon which It waa presented to the trial court and that the Fifth amendment being onlv restrictive upon the government of th* United States, the act could not be uneon. stltutlonal aa against such amendment The supreme court dieclalms any test of th* act under either th* provision* of th* state Constitution or th* , Fourteenth amendment of th* United State* Conatitution. as thers is no prsssntation of th* question upon those grounds In appellant’s briefs. CRIMINAL LAW-INDICTMENT-WAIV-INO DEFECTS, 11195. Harry Scherer vs. The gtatt of Indiana. Hamilton C. C. Afflrmsd. Mysrs, J. (1. Appellant waa convicted of th* offense of selling .isuor without a llcenea. The appellant ha ’tng failed to call tha trial court** 1 attention to th* fact that the indictment

WASSON'S j Lunch in Oar PURE FOOD Cafe

WASSON’S for Silk*

Store Hour* 8 to 5:30 p. m.

WASSON'S

Prices Are Always Going DOWN on the

And those who BUY are as glad to see them go down as we who SELL which makes this market different from all others—

Three Splendid Bargains for Girls— Coate Specially Priced at $2.95—in black and white checks and navy serge; some trimmed with silk collar*, others of white pique—sizes six to fourteen years. Only on Friday at. $2.95 Coate Very Special at $4.95—ailk poplins, wool serges, and assorted checks—smart models for the miss from six to fourteen yean; black and white checked coats, in sizes from 18 to 17. Tomorrow all ’riU 8° *t * $4.95 -—Third Boor. Middies at 39c—This is a very low price for them—made of light weight Lonsdale jean, in all white and white with red and blue trimmings; just a few dozen in sizes 14,16 and 18 years, to sell Friday at 39c —First Boor.

Odd Lots of up to 50c Veilings, at 10c a Yard Friday— Veilings of all kinds—hosts of different kinds of meshes in all colors—just what women are wearing now. Take advantage of Friday Bargain Day and buy up to 50c veilings at, a 10C Up to 19c Oriental and Shadow Laces at 5c a Yard—insertions, too—so desirable for trimmings—three to five indies wide. Crowds of women will come after this Friday at, fTp

a yard

-First flwwr.

59c Tezzo Wash Silks at 48c—one of the famous A. B. C. brAnds—choice of over forty shades, including white, pink, flesh, black, gold and other wanted shades—thirty-six inches wide. Just >4 0^ Friday at this low price of frOC —Second Boor. Odd Lots of up to 98c Embroideries at 19c a Yard—including alloven, organdy flouncings, colored flouncings, baby flouncings, etc. To insure quick selling we have priced them Friday f CL, —First floor. Up to 19c Ribbons at 7Vic a Yard—beautiful satins, moires and taffetas, in all colors and attractive fancy stripes and floral ^71^, effects. Friday we will sell a lot of this at, a yard I Z V -First floor. Black and Wool Checked Suitings at 88c—the self-same fabric we always sell at $1.25—medium shepherd checks—54 QQ/b inches wide. Friday is the only day you get it at...*. 00V/ —Second floor. 65c Striped Silver Bloom at 35c—in tan and white and rose and white stripes—thjrty-two inches wide. Friday this desirable QFw* mohair fabric can be purchased at, a yard Oc/v —Second floor. —. $1.50 Coating Velvets, 50c—just a limited quantity of this splendid wide wale velvet—thirty inches wide. Comes in rose, peach and white and rose stripes. Friday will be the end of t)0C —Second Boor.

it at

A Sample Lot of Voile and Organdy Blouses at 69c— Blouses that would ordinarily sell for $1—Big assortment of models—some with pretty embroidery trimmings—many have white and colored collars. Tomorrow, Friday Bar- CQa* gain Day, you get these splendid models at UsTv Fifty-two $5 to $6.50 Blouses, $3.59—A manufactureris samples that are slightly factory damaged and (jJO KQ soiled. Tomorrow we are going to sell the lot at 0O*tK/ ^ —Second Boor.

Toilet Goods Offerings— 25c Listerine, 16c. 25c Distilled Bay Rum, 14c. 15c Hydrox Peroxide, 9c. 10c Trial size liquid shampoo, 5c. 26c'Kolorene (makes old hats new), 15c. Odds and Ends of 25c Tooth Brushes, 11c.

—First floor.

69c Patent Leather Girdles, 39c—trimmed with bright colored leather and metal chains in front. Just tomorrow QQg* at J OsTv —First floor. A Small Lot of Imported $6.75 Bags, $3.69—all beaded ones. You’ll want one of these when you see them Friday, 00 —First floor. Regular 48c Bead Necklaces at 25c—a wide selection of color designs. Friday a 48c bead necklace can be had 25C ^° r —First floor. Children's up to $6.95 Coats at $3.95—silk poplin coats, in gold, Copenhagen, black and a few rose; high and long-waisted models with white organdy collars and cuffs; sizes 2 to 6; Friday, (IJO QCT .„d only Friday, at ^.Sr.Z° Boys’ 50c Wash Hats, 15c—some in solid linen color, others with colored trimmings. No other day but Friday, X5C • —Thirfl floor. A Small Lot of up to $3.95 Lingerie Hate at $1—slightly soiled. Pretty little hats with satin ribbon trimmihgs. Their pric. tomorrow ia. Up to $1.50 Oriental Lace Flouncings at 69c—beautiful embroidered patterns—ten to twelve inches deep—forty-two-inch CQp wash blond, not.. Friday, a yard ....

Twelve Fiber Silk Sweaters to Sell at $10 Formerly $16.75 —There are three in gold with white collar, cuffs and sash. —One in two-toned gold and white—no collar—belt in back. —One in two-tone navy and white—no collar—belt in back. —One in two-tone black and white—belt in back—no collar. —Two in stripes with Byron collar—belt that goes all around. —One in purple with white collar and cuffs—pretty sash. —One in rose with white collar cuffs and sash. —Two in blue and gold combinations with collar, cuffs and sash. —Sweater dept., aecead Beer.

Wall Paper Friday Bargains— Bedroom Papers with wide and narrow borders—specially priced for Friday’s selling at, A Living Room, Dining Room and Hall Papers—in stripes, conventional and small figured designs—cut-out borders to "I A match. Regular 25c values to sell Friday at, a roll A“xl/ —Fourth Beer. Two Splendid Handkerchief Offerings— Regular 5c Handkerchiefs at 2 Vi c—fine white cambric handkerchiefs With narrow hems, and crossbar lawn handker- OI~ chiefs with colored edges. Take your choice Friday at ^*0 Broken Lots of Women’s 10c and 15c Handkerchiefs at 7c, or 4 for 25c—Handkerchiefs with embroidered corners, others of silk crepe in various colors. —First Boor. Broken Lots of Women’s 25c Lisle Hose, 19c, or 3 Pairs for 50c—in light and medium weights—double sole, heels and toes. Come in black only. Friday we are going to sell these at 19c/-or 8 CTA^ pairs for OVC —First Boor.

Specials for MEN! 85c to $1 Shirts, 59c—Madras shirts with woven stripes. 50c Athletic Union Suits,. 39c—knee length, sleeveless, dosed crotch garments with elastic insert in back, dimity check. Men’s Pajamas, 95c—Plain weave garments, in white, pink, blue and tan. Men’s 19c and 25c Hose, 13c, or 8 pairs for $1—broken lots of sox in black, gray, white and champagne. Men’s 35c and 50c Ties, 25c—broken assortments of good looking four-in-hand ties in wids end shapes. 10c Handkerchiefs, 7c, or 15 for $1—full size ones, in plain white only. Men’s Terry Bathrobes, $2.89—Originally priced to sell at $4.25. ^ ‘ # , Men’s Shirts with Collars Attached, 59c—Regular 79c ones —neat stripes on whits backgrounds. —Mea** dept., ant floor.

Rug and Drapery Offerings From the Fourth Floor— $60 Arlington Rugs, $45—just five of these to go at this price tomorrow—they are Bigelow make. All new pretty patterns, taken right from our regular stock 65c feag Rugs, 55c—A new lot of 200 that we just recently received—come in pretty hit and miss patterns. $4.50 and $5 Royal Wilton Rugs, $3.25—And they can only b« had at this price tomorrow. Bigelow goods, in small pat^S^O 6 Velvet Rugs, at $21—Size 11,3x12 and will fit a 16-foot square room nicely. They are slightly imperfect, so we are going to close out the ten we have in stock at......... $21 $1.50 Marquisette Curtains at $1.09—made of a fine quality of highly mercerized marquisette, in white, ivory and iru Fully two and one-half yards long. 10c Colored Swisses, 4c—come in olive greens and blues and a small quantity of pink. Only a limited lot, however— 80 15c Curtain Swisses, Tomorrow at 9c—the nicest summer curtaining* for bedrooms and sash curtains; some have colored borders, all have lace trimmed edges, and many pieces hav* ^toc^r^n^rts^’t 22c—these are shown in white, ivory and ecru, and are fully a yard wide. Filet nets with little figured designs. Fully worth 30c a yard, Friday. —— ^

Wash Goods Remnants at About OneHalf Their Former Prices— This wash goods section is such a busy spot that wash goods remnants accumulate quickly. Friday we are going to take this means of disposing of them. In the assortment you will find percales, ginghams, linens, voiles and all kinds of white .goods materials, which you can purchase for about one-half less than their regular selling prices. Other Wash Goods Materials at Big Savings 20c to 39c Wash Fabrics at 15c—voiles, madrases, percales and ginghams—we purchased an enormous quantity of these splendid materials and got a special price concession. I That’s why we are going to sell them Friday at, a yard.. AOC 59c Madras Shirtings at 39c—A splendid range of silk and cotton fancy striped shirting madrases, in splendid QQ/» styles, for Friday, at Ot/C 35c White Mercerized Poplins, 27c—This is the first time we have ever priced this fabric for less than 35c; beautiful mercerized finish—twenty-seven inches wide. rtry _ Friday 4y/C 75c White and Fancy Skirtings, 35c—A special lot of regular 75c skirtings, in many pretty styles and weaves. Specially priced for Friday at, a yard ODC —Ftrat Boor.

59c Silk Warp Tussahs, 33c—just about one hundred yards in all—five different styles—thirty-six inches wide. The Friday QQ^ pries for these desirable silks is OOC

—Second Boor.

Women’s Cotton Lisle Vests, 5 for $1—Vests that sell regularly for 26c. Come in low neck, sleeveless styles with pretty d»*J shell tops. For Friday only will they be five for vA

—Flret Boor.

Broken Lots in Stamped Goods at Half and Less Than Half —Nightgowns, ,bags, centerpieces, pillows, scarfs and so on. Friday some of these are marked at less than half their regular selling prices, others at HALF PRICE —Art needlework, firat floor. 75c a Doz. Jap Napkins, Friday at 35c a Doz.—These are all in the same patterns. Women will want a dozen of them Friday at, a dozen tJDC —Art needlework, firat floor. Broken Lot of Women's Three-Piece Pink Cotton Union Suits at 41c—These are the kind that have sold heretofore for 59c. Low neck, sleeveless, tight knee models, in sizes 36 and 38 only. >11 Tomorrow we will dispose of them at 4 AC

—Flret floor.

Women’s 35c Cotton Union Suits, 27c, or 4 for $1—low neck, sleeveless garments with pretty lace yokes and lace trimmed knees. Tomorrow you’ll want at least four of them for V J-

—Firat floor.

Children’s 25c Lisle Hose at 19c, or 3 Pairs for 55c—medium weight stockings to be worn by girls or boys. Come in black and white, reinforced for wear—size 5 to 9. Friday, and only _ Friday, at 19c, or 8 pairs for DDC

A Lot of up to $1.50 Soiled Undergarments, 69c—All kinds of undergarments that women would be most likely to want. Nightgowns, petticoats, extra size drawers and bodices. Closing £€}/» them out Friday at U*/v

—Third Boor.

50c Drawers of Fine Cambric at 39c—made with wide circular legs Marcella style—ruffles of embroidery. For on* day OQx» —Friday—we shall sell them at

—Third Beer.

25c Boudoir Caps at 15c—of white Jap silk with pink, blue and lavender floral designs—dainty lace ruffles trimming make f them most attractive. Friday, 26c boudoir caps.... At/V * —Third Boor. 5c Aercel Wash Cloths at 3c—A big assortment of many different kinds with slightly imperfect weaves—no holes. O _ Usually one pays 5c for such; Friday OL

—First fleer.

65c Mercerized Damask at 55c—best grade of mercerized damask in the choicest new designs—seventy-two inches wide. Friday you save ten cents a yard on this splendid damask, if you buy ££4, it at *.

—Flret fleer,

50c Colored Turkish Towels at 35c or 3 for $1—A table helped high with ones that are slightly soiled. Many different kinds with colored stripes and Jacquard weaves with colored borders. Women who buy Friday are the only ones who get such towels at 85c, d**|

—Flret floor.

Up to $3 Corsets at 95c—A discontinued lot in such makes as C & B, American Lady, P. N., Nemo, Bain Jolie, Thomson’s and Warner’s—also a few summer nets and nursing models—both high and low busted models for almost every type of figure—sizes 18 to QKp No exchanges or credits on these garments Friday, at.... «/vi/

—Tktrfl'floer.

35.

—Firat Boor.

ECONOMY BASEMENT A Wonderful Lot of 200 Skirts to Sell at $1.98 and $2.98 A special purchase, which just arrived. You’ll scarcely believe your eyes when you see them) they're such remarkable values and so good looking. Skirts that should really be marked at $3.98 and $4.96. Smart tailored models—some with side pleated effects, and ones with pleats all around—models shirred in the back with belts— most all of them have large pockets. Come in navy, black, gray, plaid and velour checks. There’s not the slightest doubt in the world but what you’ll be able to find one to please from such an assortment at $1.98 and $2.98. 15c Dress Ginghams, 11c—pretty stripes, plaids and plain colors, in lengths up to twelve yards—twenty-seven inches wide. Just for Friday , lie 15c Genuine Bleached Hope Muslins, 12c—soft finish, fully thirty-six inches wide. Only ten yards to a customer and no phone orders. Friday at a yard 12e Silkoline Comforts at $1.39—dark patterns, clean cotton filling—double bed size. Friday they will be $1.39 $1.25 Bed Pillows at 98c—covered with art ticking— size 17x24. Priced Friday at ...98o 15c Percales at 12c a Yard—in navy, cadet blue and light backgrounds—in neat figures and stripes * suitable for aprons and house dresses—five to fifteen-yard lengths—thirtysix inches wide. . 95c Rolls of Bleached Cotton Batting at 79c—threepound weight—sixe 72x90. Buy them Friday—only then at, a roll 79c Hotel Linen Finish Bleached Sheets—size 81x90— at 89c Hotel Linen Finish Pillowcases—size 42x38^—very specially priced Friday at 18c 59c Bleached Seamed Sheets—size 72x90—marked 4g c 15c Bleached Pillowcases—size 42x36—priced to sell Friday at 12 , /aC —Basement-WaMHMB’a.

Notion Bargains for Friday — 10c Horn Hairpins, 8c a Yard—15 to the yard. 10c Slipper Trees, 5c. 15c Compact Steel Coat and Trouser Hangers, 3 for 25C. —Firat Boor.

HPWass® fcOmpany

m

failed to alle*e anj

sold that such defect of the indictment was wafv*d by aPP«nart. The court had JurU-

.he appellant and th# subject matthe appellant could therefore waive

euch ^defect* of material matter# in the in-

(I) The appenanfe defense waa •fh* court review* th# evidence in the and the excluded evidence complained

of “v aPP*nent * nd ho,d * e^enc*

moatwae M»t slightly cumulat v* of evireadmitted, and not of each importance

2! t! be error to exclude it. it admiealbl*. The oaurt holds that th# def*ne* of alibi Joes t£ th* root of the prosecution, and that it would ba reveraible error to exclude materiel evidence tending to support th# defense Th* excluded evidence waa with reeard to the fact that there waa a stranger •• . ea-ViAv* the ■■ Is* waa M tr\

Hammond ot al. Crawford C. C. Reversed,

Erwin, J.

(1) Action by appellee* to set aside a sheriff a aale and cancel a aherilT’a deed to appellant. the Judgment creditor. One of th#

paragraphs of complaint

appellet

alleged that tha

appeTl'eT owner of the land wa# surety upon a note and appellant by fraud persuaded him not to appear to the ault against the principal or contest the ault on th* note whicn was secured by mortgage on lands of principal. promising to only take Judgment against principal, and that after Judgment by fraud persuaded appellee not to bring proceedings to set atlde th# Judgment This would *how a cause of action before sale by sheriff, but there being no excuse for

K . ra vw - delay of the proceedings seeking relief. It at th# meeting where the sale waa said to l | S no t sufficient to show cauae of action after - ' - * ' — 1 — - —*‘ and deed to the purchaser. <t) The

paragraph attacked states facts showing that the Judgment defendant appellee, then owner of land, had th# good defenae to execution and aale, that he had less than MOO of property, and that auch appellee had no knowledge of the execution and sale, which would have mad* it sufficient except for the fact that tha land la now owned

by a remote grantee, appellee, and there ts no showing that auch present owner had no knowledge or notic* of execution or aale. For the insufficiency of th# firat and amanded supplemental sixth paragraph of complaint the Judgment ia reversed.

Appellate Court

MECHANICS’

AGAINST

be mnd*. who four hour* prior had a ault- M i, of th# aame nature aa that aold by tha mya-

tortous atranger.

JUDGMENTS—SHERIFF'S SALES-SET-

TING ASIDE.

n»U. William U Duckett va. Felix O.

LIENS—BONDS

LIENS.

*272. Hoosler Brick Company va. Floyd County Bank #t al. Floyd C. C. Affirmed. Felt. C. J. (1) Suit by appellant to foreclose a mechanic’# Hen for brick delivered for a building constructed for appellee bank, the other appellee being the contractor. Judgment agatnet the appellee contractor personally and against th# lien on appellee benk'e building. The question of parties appellant and appellee Is not raised. Special finding of facta and conclualona of law showing that bank prepared plana for building with pressed brick front, that contractor mad# proposition for artificial stone front with Bedford stone trimming, which waa accepted.

and appellant, upon contractor's agreement to purchase brick of it. by officer, signed bond of contractor for completion of building and agafnat liens thereon, but that auch bond, by mistake, described it as a brick building at another corner of the street intersection. Instead of stone and brick building at proper corner, but did refer to construction of building according to plana a* modified by proposition of contractor. Th# appellate court holds that though auratles ar# favored clasa that tha finding that th# misdescription waa mistake of acrlvener and reference to- the modification of plans would hold the surety upon the bond as to kind of building. (I) The contractor usod *M1» of brick and then abandoned contract and archite/-» afterwerd obtained $361.*$ of brick of appellant to finish building, all of which were < named on books of appellant to the contractor. the contractor Is Insolvent and the hank paid more now for construction of building them contract price. The appellate court holds that right to lien may be welved. and can not b# claimed by one agrealng to keep free from Uen# or hla auraty or guarantor, and that the bondsman la a guarantor, and that no notice of the default of tha principal was necessary to prevent the appellant to

bold the appellee to the bond to prevent i f or new trial and against It for newly diefiling Men (3» The court does not decide j coveted evidence, are conflicting, and the whether the act of sign ng the bond was , alleged newly discovered evidence ia cutnuultra viraa of the power of the appellant, aa latlve, *o there waa no error in overruling under the facts of the case It will prevent It the motion. <4) A bill of exceptions which from claiming a Uen. | shows by its recitals that it does not con INSURANCE-SUICIDE-APPEAL AND ‘h* evidence and which ia nie.i

aft#* the time given by the court without

r. KKUrc. I a showing that it was presented to the Judge >2W. North American Union va. Augusta j prior to that data, i* insufficient to present

Oleske Porter S. C. Affirmed. Caldwell. J. question*. <$) There waa no error in refus-

al Appellant Issued policy to appellee's! ,n C 10 allow the attending phyeician to

husband' containing a provision against; testify what the appellee aaid in the presence death by suicide, but provtdiing that In of her then unconacioua husband and nelgnrase of such death It should pay tha amount' bora, regarding th* cause of deceased's conof th# reaerve to tha credit of the Inaured * dttlon regarding to its being seif-inflicted Answer setting up suicide and tendering the ’ The lnconip#t#iif» of a physician aa to the amount of the teserve Appellant’* request*) ' statements of others as condition of person inatruction that there cfculd he no recovery i physician Is at(endlnf la discussed Thers I* If deceased committed suicide was properly no affirmative showing of record that auch refused, as It Ignored the right to recover evidence had been introduced without #b-

the amount of the reserve fund, and was Jectlon at a formar trial,

covered sufficiently by instruction* given Other requested Instructions refused were sufficiently covered by Instruction* given. In so far as they were correct (11 Thar* was no error in instructing that there is a presumption against suicide, the burden waa upon appellant to prove It. G) Th# affldavita

QUENCHES THE THIRST H orsford's Add Fhoophsto.

A teaspoonful in a glass of water is very freshing to mouth and throat. Try it.—Adv

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