Nappanee Advance-News, Volume 29, Number 40, Nappanee, Elkhart County, 2 December 1908 — Page 8

THE NAPPAKE^^EWS Elkuaut County, Ind. DECEMBER SMTW T F S 123 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Office ’Phone 68A; Residence, 588

JUDGE DODGE DECEIVES ORDERS FROM HIGHER COURT IN THE BANK CASE. FIRST ORDER IS IGNORED Circuit Judge Ordered to Strike Out Modifications of Judgment That Controvert Ruling of Appellate Court. The appellate court of Indiana has issued a mandate to Judge James S. Dodge, of the circuit court, ordering him to stride out his last modification of the judgment in the case of Horace Shopert vs. the Indiana National Bank et al. or to show cause for his refusal to obey the former command of the higher court. Mr. Shopert, a farmer living south of Elkhart* bought a corn shredder and deposited SSOO, the price of the machine, in the bank to guarantee payment should the machine prove satisfactory. The machine was refused and the bank notified not to pay over the money to the shredder company, but the money was left in the bank pending the conclusion of a correspondence with the company in regard to the matter. While still in custody of Mr. Shopert’s money the bank tailed. Mr. Shopert began proceedings against the bank’s receiver, Perry L. Turner, for the amount of the deposit or “stake,” as the plaintiff termed the amount. J udge Dodge decided in favor of the defendant, ruling that as Mr. Shopert had left the money in the bank after he had ordered the money to be withheld from the shredder company that the bank was no longer a stakeholder but that 'Shopert was a depositor and muststand on an equal basis with the other depositors. By his attorney, ex-Judge J. D. Osborne, Mr. Shopert. moved the lower court to modify its judgment and in lieu thereof to adjudge that the plaintiff was entitled to a preferential claim for the full amount with interest thereon from the date of the beginning of the action. This motion was overruled and appealed to the higher court. The appellate court reversed the case “with instructions to the lower court to modify the said judgment in accordance with said motion.” Upon the return of this ruling of the higher court, the plaintiff in the case again moved the lower court to modify the judgment, and the motion was sustained and entry made on the docket to that effect. This occurred on June 12 last.

The receiver of the bank appeared in court on June 19 last and moved that the court again modify its judgment as entered on June 12 “so that the same shall provide for the payment of SSOO without interest.'’ This motion the court sustained and modified .itsfirst modification so that the claim should be paid “in full without interest.'” • ‘ In the brief of the case submitted to the higher court asking for t he annulment of Judge Dodge’s second modification of his judgment, the plaintiff sets forth that the payment of interest on such claims is mandatory by the statute provided therefor, and quotes Burns, section 7045, as follows: “On money had and received for the use of another and retained

Tlieatorium! PROGRAM FOR THIS WEEK TUESDAY 1. Bad boys.’ jokes at a wedding: —(comic)”’ 2. Brigand’s daughter, (drama) WEDNESDAY 1. „ Bobbv White in Wonderland, (spectacular) 2. Rolling bed. (comic) THURSDAY 1. The improvised statue. (com|c.) 2. The masked ball, (drama) FRIDAY . ]. The Younger brothers. SATURDAY 1. What one small boy can do. (comic) -2. Indian Bitters, (comic) . ~ " .; Admission Sc

without his consent interest shall be allowed at the rate of six percentura,” in reference to the merits of the case as a whole the brief states: “The action of the lower court we venture to affirm is wholly unprecedented. In direct violation of the order of the superior tribunal, without pleading, without trial, without proof, in a summary manner at the close of the case, the plaintiff is shorn of his lawful damages to the amount of nearly one hundred dollars.” James S. Dodge has been cited for contempt and must appear Jan. sth to answer to the supreme court.

PERSONAL MENTION. A. F. Strolnn was in Goshen Tuesday. A.'Pniuhl went to South Bend Monday. Mrs. Harry Fidler went to Chicago Tuesday. G. F. Brown was over to Bremen Tuesday. Harold Coppes was over to South Bend Saturday. Mr. and Mrs. James Parks went to Goshen Saturday. Elder Bennett, of the M. E. church, was here Monday. Mrs. William Matz was here from Bremen Saturday. Joel Culp was here from Wakarusa on business Monday. Mr. and Mrs. Edward Martin went to Syracuse Monday. Mrs. Wm. Wilson, of Kendallville, is visiting relatives here. S. W. Craige, the grocer, went to Plymouth Sunday morning. Mrs. Frank Coppes and Mrs. H. E. Coppes were in Goshen Friday. Miss Imo Bushong returned home from Syracuse last Wednesday. Mr. and Mrs. A. H. feaufman spent Thanksgiving day at LaGrange. N. A. Lehman was over to Wakarusa Friday to conduct a funeral. Mr. and Mrs. C. R. Stoops spent Thanksgiving with friends in Elkhart. Mrs. Wesley Miller was here from South Bend Sunday visiting relatives. Miss Eenore Robinson spent Thanksgiving with her parents at Alexandria. Attorney J. O. Kantz and Dr. C. A. Inks went to Lapaz last Wednesday. Mrs. Charles N. Worley returned home to Hartford City last Wednesday. Miss Helen Enright, of Milford, was the guest of Miss Pansy Kantz on Friday. John Skinner went to Walkerton Tuesday for the Neff Bros., implement men.

Mr. and Mrs. Frank Webber were visiting friends at North Webster last week. Mrs. F. A. Miller and Mr. and Mrs. Herman Miller spent Thanksgiving at Albion. Mr. and Mrs. Giles were here from Chicago to spend Thanksgiving with relatives. Miss Kibble, of Plymouth, was the guest of Mrs. Grace Thomas last Thursday. Jacob Weygand, the glove and mitten manufacturer, went to North Judson Tuesday. Attorney J. O. Kantz was interested in a casein the superior court at Elkhart Monday. ML' and Mrs. Floyd , Grass spent Thanksgiving with the latter's sister near Warsaw. Miss Ruby Fidler spent Sunday at Bremen with Mr. and Mrs. Virgil Weatherhead. Mr. and Mrs. Jesse Myers, of Elkhart, were visiting relatives north of town last, week. Mrs. Enos .Newcomer arid daughter went to Goshen last Wednesday to remain a few days. Prof, and M’rs. Brinson, of Wakarusa, spent Thanksgiving with Rev.'and Mrs. B. E. Parker. Mr. and Mrs. D. Rickert and daughter. Miss Maude Beyler, spent Thanksgiving in South Bend. Mart Weaver, contractor, took his gang of men to Bremen Monday to finish up the Wahl building. Lee Knowlton, near Walkerton, was here Saturday and bought a New Idea manure spreader of Neff Bros. Mr. and Mrs. E. W. Johnson, of Monroeville, Ind., were here several days last week, the guests of Mrs.

Johnson’s brother, W. E. Weldy, and wife. . Mrs. F. E. Campbell and Mrs. Ada Rush, of Goshen, spent Thanksgiving with Mr. and Mrs. Hugh Brevier. Jacob I’ippenger left Tuesday for Spokane. Wash.,rto visit hig danghter, Mrs. Otto WitJ, and-husband. Mr. and Mrs. Isaac Jacobs and daughter, Gretchen, were over from Goshen Thursday to visit relatives. Mrs. J. S. Stutsman, of Goshen, was here last week the guest of her sister, Mrs. H. F. Eby, and other relatives. Mr. and Mrs. C. 11. Whiteman and family spent Thanksgiving in Chicago with Mr. and Mrs. Q. E. Sundstrom. Mr. and Mrs. Fred Butt were here .Xmm. Syracuse Thursday to visit their daughter, Mrs. C). W. Yarian, and family. Roy Huffman and Burton Ullne went to Gary Tuesday. Mr. Huffman is looking over the field there for a bakery. Mr. and Mrs. Samuel Guiss, Mr. and Mrs. John Ruby, and .Mrs. Samuel Hepler attended a meeting at Lapaz Thursday. The Misses Anna Knoepfle and Emma Keifer, of Bremen, were here Friday Bight to attend the play at the Auditorium. Mr. and Mrs. W. C. Uline, of Argos, had been visiting Mr. Uline’s parents, Mr. and Mrs. B. Uline, returning home Monday. Daniel Zook, Albert Mutschler, and G. N. Murray were among the Nappaneeites transacting business at Goshen Saturday. Clarence Frazier, of Chicago, spent several days here last Vveek visiting his parents, Mr. and Mrs. Henry Frazier, and family.

Mr. and Mrs. M. L. Howell, of Cassopolis, were here visiting their daughter, Mrs. H. E. Zook, and family, Thanksgiving day. Rev. Daniel Wysong went to Plymouth Saturday to conduct a series of meetings for the German Baptist church near that city. Edgar Ringenberg was home from Lafayette to spend the Thanksgiving holidays with his parents, Mr. and Mrs. Jesse Ringenberg. Mr. and Mrs. P. D. Burgener and daughter went to South Bend Thursday. Mrs. Burgener and daughter spent Sunday in Plymouth. Miss Abbie Kantz, of Indianapolis, and Miss Apna Kantz, of Elkhart, spent Thanksgiving with their brother, J. O. Kantz, and family.

Mrs. Lewis Keefer, who bad "been visiting her parents, Mr. and Mrs. John Eckert, near town, returned home to South Bend Tuesday. Chas, Binkley, A. H. Kaufman, Tom Greene, J. S. Walters, Bernard Pollock and W. C. Thomas went to Chicago to see the fat stock show Tuesday. Mr. and Mrs. George Mutschler were here from Goshen Thursday to spend the day with their sons, Albert and Chas. Mutschler, and families. Jos. Alwine, a Mr. Frazier, and others, of Milford Junction, were land buyers from the Linger agency who went to Billings, Montana, Tuesday. Mr. and Mrs. Burt Love, Elkhart, Miss Laura Young and Mrs." Joseph Dick, Goshen, wei# here Thanksgiving day visiting Mr. and Mrs. D. AC Young. Mr. and Mrs. W. E. Laughlin, of Belle Centre, Ohio, spent Thanksgiving day with Mr. and Mrs. A. A. Laughlin here. The gentlemen are cousins.

Rev. F.O. Linger, of Evanston, 111., was visiting his brother, Attorney Chas. P. Linger, Sunday. He preached the evening sermon in the M. E. church. Bremen Enquirer: Jacob George, of Nappanee, spent Sunday with Peter Itinggenberg.-Miss Glady Grunawalt visited at Nappanee a few days this week. • Mr. and Mrs. D. A. Lehnfan, Miss Francis Lehman, and Mrs. JJomer Johnson, of Detroit, Mich., spent Sunday with the family of Abraham Lehman 4 miles west of Wakarusa. Mr. and Mrs. Aaron Madjem, of Aberdeen, South Dakota, V. S. Hartman, and daughter, Miss Phoebe Hartman, and Miss Mary Anglemyer went to Kewanna, Ind., Saturday to visit relatives. Mrs. M. E. Parker, of LaGrange, who had been visiting her grandson, the Rev B. E. Parker here, returned diome Monday. Mrs. Parker, despite the fact that she is in her- seventies, is yet an active business woman of LaGrange in the retail trade. Had Close Call. Mrs. Ada L. Groom, the widely known proprigtor of the Groom Hotei, Vaughn,' Miss., says: “For several months I suffered with a severe cough and consumption seemed td have its grip on me, when a friend recommended Dr. King’s New. Discovery. -X-be-gan taking it, and three bottles affected a complete cure.” The fame of this life saving cough and cold remedy ~&nd4tmgarrd throat trealer is world wide. Sold at J. S. Walters’ drug' store. 50c. and SI.OO. Trial bottle free. —“Had dyspepsia or indigestion for years. No appetite, and what I did eat distressed me terribly. Burdock Blood Bitters cured me.”—J. H. Walker, Sunbury, Ohio.

STEWART GIVEN • 2 TO 14 YEARS CONVICTED IN LAGRANGE CIRCUIT COURT TUESDAY. 1 1 ‘ l ’ 1 ‘ k *GIRL eleven years old Was Charged With Assault and. Battery With Attempt to Commit Felony Upon Mary Long. Douglas Stewart, formerly an employee of the I-XL Furniture company, at Goshen, and who was arrested some time ago charged with assault and battery with attempt to commit a felony upon the person of little elev-*en-year-old Mary Long, daughter of James A. Long of Goshen, was convicted in the LaGrange circuit court before Judge James S. Dodge late Tuesday afternoon of last week and given from two to fourteen years in Michigan City prison. —The Laughlin fountain pen from SI.OO up to 86.00 at the News Bookstore

APRON BAZAR LADIES’ AID Presbyterian # Church Saturday, Dec. 12 Lecture Room CHICKEN PIE SUPPER At 5 O’clock

Nappanee Real Estate Exchange W. W. BEST, Prop. Insurance and Notary, Dietrich Block.

Look and Learn to be a, good rifle shot. The Sharpshooters are the pride of our Army and Navy. Germany says give us the American gunners and, we can whip the world. You can learn to be a crack shot by practiciUg.at the Shooting Gallery, OSCAR VOLKMAN, PROP.

NEW IDEA MANURE SPREADER

< The, New Idea certainly lias advantages over other Manure Spreaders. The New Idea is quite different from other spread ers, first, it is very near the ground making it nice to load into and is usually drawn with but two horses. ... .• Second —It is different from other Spreaders because it is much narrower and can be drawn through a smarller gate or door and stored away in a smaller room. Third —It differs,from other Spreaders because it has two cylinders. The lower large cylinder carries the'manure over the top while the smaller upper cylinder, revolving in the same direction, acts as a pulverizer when the manure comfs in contact with both. After the manure passes through between the two cylinders it passes into the distributors which thoroughly pulverize and distribThe New Idea caubc-seen at v L r ———— Neff Brothers.

D. Rickert 8s Son Many Practical Sugges= tions in Dry Goods • • * ■., i t • Our stock of Dry G-oods for winter is replete with many rare values and household necessities. Pi I lD extens^ve assortment ranging in * price from 50 cents to $15.00. RlanhAtc Cotton blankets at a price DlallKCib range from 75 cents to $1.50. Woolen blankets from $2.75 $5.00. Handkerchiefs i—pi" and fancy linen suitable for gifts at a price range of from 5 cents to SI.OO each. C\ A wide range of colors and styles v/lUdlvd j n women’s, misses’ and children’s cloaks. We are the sole agents for the celebrated Palmer Garment. Also a wide range of Dress Goods, Hosiery, Notions, etc.

Kilian ©Wyman > HARD SOFT COAL Phone 245. City Dray Line All orders promptly attended. Office on Lincoln St. i square west of Main.

NOTICE to PUBLIC. "W e are now prepared to do all kinds of well work, tubular and drove wells. Call phone No. 133 residence, or leave orders at Ulery Bros. Implement Store. Long'anecKer Brothers.