March 14, 1894 (4 pages)

THE DAILY TRANSCRIPT A. DECISION. partnership. = . : PERSONAL POINTERS. "Will Improve Their Store, Ee, / sila Applying the foregoing gen 1 yeliighnn a L. H & Co. ae ahe é 6 tak Brown & Calkins, =e ue te sue’ tiie to the feet of this want, as sented fn the eome-. 4 Concise Chronicle of Various Folks yman ‘o, are abou make some / important changes and improvements in plaint, we have no difficulty in reaching the ings and Intentions. of Little vs. Caldwell. / : fine mn their clothing-store on Main and Commer, conclusion that the plaintiff i titled i WEDNESDAY.MARCH 14, 1894, : core, lS. 3, Darling of Sacramento is in town. . cial streets. They have recently leased the . In the above entitled action, which was * * * i * #*# #* «. J: F. Cutshall of San Francisco arrived . "00m vacated by Charles Klingenspor and — ° an action by the plaintiff, M. E. Little, 3 pela op z LOCALS IN BRIEP. .against the defendant John Caldwell, to reinor Homie . °°V*! from the defendant a portion of the Summarized rt Soules Dons weir money received by the defendant as attorney now propose to connect it with their room next door by means of an archway. An arch will also be put in between the brick building and the wooden building, this here last evening. George Ohenoweth of San Francisco arrived here on the morning train. E. H. Hamlen and W. B. Jones came It follows from these views that upon the facts as stated in the complaint, the plaintiff is entitled to ‘recover one-half of the fifteen per cent provided for in the original i ro here last evening on his way to North Merit. Alma Alice, seven-year-old penal of} any strength to the other averments. If gga S. we loony meen “ Bloomfield Samuel T, Jones of Auburn street, Grass) that contract did not survive the death of Gudlas Seiten 3 Aas sgh goon praie z Mrs. D. E. Stover and her daughter, Miss mM. . Giffin i. Valley, died yesterday of liver disease. . Little, and nothing had then been earned : seabagee wart agaile” wetcenad trom Ban Prancibos last WS ; Fig Procedure the defendant cannot be required : = SS ETO The funetal will take place tomorrow after-. under it, the plaintiff as the successor to fo Aocomné to.the plaintiff bat only be th evening. eiiea nes i noon, his estate had no interest in the contract ee i i i i at elegance of a rance which a woman must possess to be In fashion. Hyman & Co.'s Mammouth Clothing Store, . charge against the partn chip lon hie por getete —" Take Simmons Liver And orter a ga ppea Pp on Commercial Stree. Go and see the stock. . sonal services, and in the case of Denver vs. 6 : aii T4 —eie Styles, Shapes and, Prices for Everybody. . 4 They are nice and cheap. m13-2t . Roane 99 U. S. 359, it was said that none. SHILOH’S CURE, the great Cough, and A. ASOARD.””” oe. of the adjudicated cases.recognizeany dis-}. Croup Cure isin great.demand. Pocket ie ! ‘ FOR CASH. tinction in this respect between such part-. size contains twenty-five doses only 25c. Questal Agent, Fashion Demands Them } : wae nerships, and those entered into between . Children love it. Sold by Carr Bros. re NEVADA CITY, CAL. 7 Groceries, Provisions, Case Goods, pee : Geod news still comes frem the rich strike at the Odin mie. Rich gravel confees on account of the Kstate of Wm. Westerfield, deceased, recently litigated in this county, the lower cotrt sustained a decontract, after deducting all proper expenses chargeable to the partnership in the matter down from Dutch Flat today. . Charles Ehil of San Jose arrived here last enabling a person to pass from one department to another without going outdoors. After the most persistent exertion I have succec ded.in Bec a “ _ NOTICE. : : ; ._.2. of conducting the litigation. evening. = _ — PI ~ oe ieee eighteen securing the finest TOO AaCCo raised in the ! tinues in the drift. murrer to the complaint, and the plaintiff The cunplalet atlonas that the defendant} Fred P. Lon of Oakland is here spending feet pe length, ses ne a in on the he Island of Cuba. hes beast clarity obra ea ata, aled. The Supreme Court reverses the * F mercial-street side, and the store is d April 3d elect dahageiae to the Grand Lodge, dha jodguaeat of tt lower court, and after has paid the sum of $2,500 as attorney’s. * few days. “to charge the same. which meets in San Francisco on the 8th of May. Jackson had his private dynamo running last night and it worked very satisfactorily, lighting up his new. store in fine style. The Curly Bears of “Cave No. 1 held ‘a grand growl last night, after the meeting of Hydraulic Parlor adjourned. Five; “cubs were initiated and a big time was had. . The teamsters and weodmen of. this district are called to meet-at the City Hall on Saturday evening to take action upon the. adoption of a uniform scale of prices for wood and for hauling. As we understand it the idea is not to raise present general prices, but to maintain them and all did stating the facts of the case the Supreme Court says: ** We do not regard the averment that plaintiff assigned to defendant her interest in the original contract for the contingent . . fee in consideration of his promise. ’ te pay her what was right for such interest in the event of the final recovery of the property to which the contract related, as adding to assign. But aside from this consideration, the promise of defendant as alleged was in effect only a promise to pay upon the settlement of the-business growing ont vf the contract, the amount to which she would be entitled as the successor of the deceased partner, and the question of the The Rate War. First-class passenger ‘tickets from San Francisco to Chicago were being sold yesterday for $32.50, while from Chicago to San Francisco-tickets were being sold for $30. ‘It is expected that the east-bound rate will be reduced to that figure very soon, and the rate war will ‘probably continue for some time yet. The present low fares has caused a lively increase in travel both east and west, and we presume many of the. ’ denizens of the frozen east will give up their residence there and take advantage of this (Eggle failed. Iam also highly pleased with the ) a — a ep ; anti ts of Hood's Pills, A ing d golden ap peeveny > her the land of stone vs, Boardinan, 37 Mich. 14; Phillips ee tora this week only, at L. great pacaee Palen — Pi nae? effects of Hood's Pills 8 morning dew ruit and flowers and sunshine. What they vs; Edsall, 127-Ill, 535) still such a contract yman o's m13-2t and is executed-in-highest_style—of_art. will do when they get here is. a problem “they will-have-to solve for themselves; Makes Them Feel Good. The new schedule of water rates adopted “by the Supervisors of San Francisco had a favorable effect upon Spring Valley atock yesterday morning. It opened at $99.50 a.share.and before noon had. risento.$100. bid with $100.50 asked. There is considerable stock —held-in this city-andthis—rise in the market value is duly appreciated by the holders. atte. A Big Show-Window. James Kinkead will shortly put in his furniture store a new show-window, large enough to display a parlor set in. The two rooms occupied by him will be connected by an/arch, and other changes will be made tc improve the convenience and appearance of the store. @ §till Another Lot. Teday another grand and magnificient stock of Spring Clothing was received at L. Etc., at Cost Prices. In order to save removal to my new store I offer for sale at Cost Prices, for cash only, a large stock of Fancy Groceries and Staple Goods, consisting of every article in the grocery trade. Remember these bargains.are offered/at my old stand on Com-mercial street, where will be found every ‘article used in families. This sale will continue but a very short-time and no one can ‘affurd to miss the bargains I am now offerding in this line. Call and see the goods and prices, J. J. Jackson, m13-tf Dancing School. Prof. John Michell will open his dancing achool and social at Odd. Fellows Banquet : P 106 Wall 8t., N. Y, {Advertisements of not to exceed five lines in 3 ner by consenting to the extinguishment of days. £23 length inserted under this read for £0 Cents Hall on Thursday evening, March 16th. td a contract belonging to the partnership, and =. «week or$2amonth, Each additional line l a O n S Fs] t C h e S eWw e . ry sa the sibstitution therefor. of another relat: 10 Cents a week or 40 Cents a month. Paya.) . Y ) e \W Tuar pain under the shoulder blade is ing to the same subject shatter, and in the MANHOOD RESTORED ble invariably in-adyance, . ’ ? dyspepsia. Take Simmons Liver Regulator. . profits of which he alone’ is to participate. —BY— Sad Suckien’s Arnica Salve. The best Salve in the world for Cuts, Bruises, Sores, Ulcers, Salt Rheum, Fever Sores, Tetter, Chapped Hands, Chilblains, Cofns, andall Skin Eruptions, and positively cures Piles, or no pay required. It is guaranteed to give perfect satisfacion or money refunded. Price 25 cents per box. For : by J. J. Jackson, on Commercial street, is s A ; ‘ Store, apnied, os for v0 = Ge pentnceelp * ote offered for sale, Inquire at Citizens Bank All Good sale at Carr Brothers’ Drug as only a modification of the former con‘ dis tied Casttenn lie a Sold em . tract, This rule is particularly applicable Before Using Cupidene. g Cup or terms, old at WATCH: Jewelry : Awarded te oad Laie Nee This Vegetable Vitalizer cures all NEW DANCING ACADEMY. . Borrom a : dissolved by the death of ber of th 0} John' L, Brinkman, instructor. School as Highest Honors World's Fale. . i a te crear} Nervousness or Diseases of the Generative aS, siya . Frome 2 formed, often constituted a large part of the Class for young people from 10 to 17 years and Warranted 0 assets of the partnership, and which it is —SUCH AS— of age. Lessons, 25 cents, At Odd Felthe duty of the survivor, as far as possible, . voge maNHOOD PAINS IN THE BACK, SLEEPLESSN ys, . OW# banduet hall. as Strictly. Order ! to complete and preserve for the benefit of} ieapacnE, _ TIRED FEELING. DEBILITY, To — ; the firm. PIMPLES, ’ SEMINAL WEAKNESS, IMPOTENCY, Spectacles. First-Cxass . ; : . ee eerily tees. Gok. ees DESPONDENOY AND CONSTIPATION. For first-class Spectacles, Eye Glusses. Repairing of Fine Watches and Newelry By eatiiet spd Be» professional partnership between attorneys. 3 and Optical Goods of all kinds, go to Luetje at law is dissolved by the death of une, the eas & Brand’s. .We have the best system for Goods purchased from us engraved free of charge. survivor is entitled to his own future earn~ CURES WHERE EVERYTHING. ELSE FAILS. secidatiads Givank-tidedin: ‘Weleis leas” tit Orders from the country promptly attended to, : *Towance in the settlement of the partnership —o— Dividend Notice. : ae ee fm accounts for what might-be termed the good. gya”’ The Deser has discovered the active principle on which the’ “vitality of the Nevada City. ‘ P AND. MOST PERFECT MADE. ". peuntion contngeet upon fea! enmnm and] “One Dollar bos, is tease fr [Nimes are tuatare . S OB PRINTING A pure Grape Cream of Tartar Powder. Fee . which the client permite the surviving part-]. Send for Circulars and Testimonials, near from Ammonia, Alum or any other 40 YEARS THE aii . = -minated ‘for such a eause is with the client, thereto is, a court of equity in settling the nature or value of that interest is tobe determined upon the general principle underlying law of partnership, and, if ander such general rules the estate of the deceased partner_is _not—entitled-to-any—portion—of . the contingent fee earned under the circumstances stated in the complaint, the plaintiff is not entitled to recover, It may be conceded that when a tirm of attorneys is empleyed to conduct litigation, the client contracts for the services of all the members of the firm ; and, while perhaps'the spirit of such a contract does not require that all the partners shall personally participate in all steps of the trial if in their judgment it is not necessary se to do. is one so far of the personal services of all, . that upen death of one member of the firm the client may elect to consider the contract of employment as terminated. (Wright vs. McCampbell, 75 Tex. 664; McGill vs. McGijl2 Mtcalf, (Ky.) 258.) This would be the rule in centroversies between the client and surviving members of the firm, where such election was properly made bythe client; but the option to declare the contract terand, ifhe does not‘ do so but is willing to entrust the further management of the litigation in which the firm was eiployed to the survivor, the survivor is bound to complete the unfinished contract for the benefit of the partnership, and unless it was otherwise agreed upon between the partners he would net be entitled to compensation from the partnership, or from the estate of the deceased partner for his services in doing so, * * * * * The rule is well settled in regard to commercial partnerships that the surviving partner must complete all executory contracts of the firm which remain in* force after the death of a partner and must settle the business of the partnership without attorneys for the practice of their profession, and we know of no such distinction. This obligation of the surviviug partner is one of the risks assumed by him in entering: into partnership, unless otherwise specially agreed ; and in discharge of this. obligation of duty, the surviving partuer occupies the position of @ trustee in relation to the unsettled and unfinished business of the firm, and while he may compromise disputed claims, or modify an existing contract by releasing the other ‘party thereto from some of its obligations when in the exercise of an honest judgment the best interests of the partnership seems to him to reguire such acticn, still, in doing so, he is not permitted te make gain for himself at the expense of the estate of the deceased partWhatever may be the effect of such & contract as between the immediate parties accounts of the partnership will not treat it as an entire extinguishment of the original contract, and for the right of the representatives of the deceased partner to an equitable participation in the profits realized from the latter contract, and which may be rewill of the partnership, or frem the profits of such future business as may have come to him because of prior business transacted for the client by the firm, still, in regard to unfinished business entrusted to the firm, as ner to complete, such a contract, although net capable of assignment, is stillto be viewed by a court of equity as am asset of the fees in-the prosecution of the action in which the contingent fee was recovered. If this be so, the partnership is properly chargeable with its proportion of the sum thus paid, viz: one-fourth, but the defendant is personally chargeable with the costs of the litigation assumed by him, and in consideration of which he is entitled to retain the increased compensation of forty-five per Striped Merino. , Will close out this week at 25 cents. Such a bargain was never before offered in the executor or administrator of his deceased partner, cannot be sustained. alleged in the complaint that~any other action for the same cause has been brought by the executor or administrator, and new pending, as the plaintiff is entitled to the entire estate of her deceased husband, -eertainly—has—an—interest—in the subject . matter as entitles her to maintain the action. It is not she Judgment reversed, with directions te the Superior Court to overrule the demurrer to the complaint. Dre Heven, J, We concur: aes McFaruanp, J, FirzG@eRaxp, J. Judge J. M. Walling was attorney for plaintiff and A. D. Mason for defendant. ~+-2So->— Only 25 cents. —— Forty dozen Men’s Shirts and Drawers— Full value 50 and 75 cents. ——2 eGo o-pee Superior Court. The following business was transacted in the Superior Court today, Hon. John Caldwell presiding: Estate of Wm. Kemp, deceased, ~ Amen datory decree of distribution. Estate of Leb Hirschman, deceased, Decree of final discharge. Francisco Dellapiazza ve, Patrick Bohannan. Order extending time. Oe Good Indications. The miners at the Odin mine have encountered a streak of coal and a small stringer of quartz about two inches wide in the main drift, This is regarded as a good sign that they are on the main channel. The gravel continues rich and the general outlook warrants the belief that the Odin will soon be on a paying. basis. Ir your hair is harsh, dry, and wiry, you will find Ayer’s Hair Vigor.of essential service in rendering it soft, pliant, and glossy. Don’r ruin your digestive organs with KARL’S CLOVER ROOT will purify your Blood, clear your Complexion, regulate your Bowels and make your Head clear as a bell. 250c.and 50c. Sold by Carr Bros, Furnished Rooms For Rent. Two rooms on’the-first floor at the residence of Mrs. H. C. Mills, Main street, 2t she 25 Cents. Boy’s Black, Gray or Brown Wool Hats at B. H. Miller's. ; eneicinatin ets Piano Tuning. W. D. Travers, the well-known pianotuner, will be in Nevada City in a few F. E. Sinclair of San Francisco arrived here on last evening’s train. Richard Webb, the well-known miner, is on the sick list. Mrs. Hontoon of Sacramento is here on a visit to her sister, Mrs. D. S. Baker. Superintendent Orrin Gowell of the Harmony returned last evening from Oakland. E. Richards of San-Francisco arrived Mrs. Dr. Samuels of Washington arrived here last evening on her way to San Francisco. yA Mr. and Mrs. Kinkead, of Los Angeles, who have been here on a visit to the fer: mer’s father and sisters, will return home tomorrow. ~ Did You her the ‘News? Well, it-isthis._You can go dewn-to—LHyman & Co.’a Clothing Store, on Commercial Street, and buy Spring Bottom Overalls at 50 cents 'a pair. m13-3t ~~" See the: World’s Fair for Fifteen Cents. Upon receipt of your address and fifteen cents in postage stamps, we will mail you prepaid our SovvENIR PORTFOLIO OF THE Wortp’s Cotumsra Exposition the regular price is Fifty cents, but as we want-you to have one, we make the price nominal. You will find it a work of artanda thing to be prized. It contains full page “view of the not satisfied with it, after you get it, we book, Address, H. E, BUCKLEN & CO., Chicage, IN, Fortiry yourself against hurtful changes of weather by the use bad Ayer's rasp rilla, — + HEAurH demands a healthy liver. Take Simmons Liver Régulator for oe and indigestion, Bon Ami The modern cleaner, at Gaylord’s, tf 25 Cts. Boy’s Percale Shirts, sizes 114 to 14 with two Collars, at Miller’s, A Specialty. Watch repairing a specialty at Luetje & Brand’s, POWDER Absolutely Pure. A cream of tartar baking powder,— Highest of all in leavening strength.—Latest U States Government F Report. Royal Baking Powder (o., C:U:P:1:D:E:N:E! SEXUAL apparatus is dependent. ‘The reason why sufferers are not cured by physicians and medicines is because over 90 per cent. are troubled with PROSTATITIS, for which CUPIDENE is the only known . *fter remedy to cure the complaint without an operation. A written guarantee to refund the money if a permanent cure is not ee PE Cal. Address all mail orders to DAYOL MEDICINE CO., P. 0, Box 2076, San Pranciscc, '> For sale in Nevada @ity by CARR BROS, Will refund the stamps and let you keep the . fitted up in fine esheets thevagheut. Mre. H. M. Stover Versailles, Mo, Like Morning Dew Hood’s Sarsaparilla Freshens, “Strengthens and Cures Heart Palpitation — Distress — That Tired Feeling. “Tam glad to state that Hood’s Sarsaparilla has done me lots of good. I was subject to cramps inithe stomach, liver complaint, indigestion, palpitation of the heart, and that tired feeling. Hood’s Sarsaparil relieved me -wonderfully, and. now when feel the least uneasiness I resort to Hood’s Sarsaparilla, and it always gives me immediate relief. I could not do without it, and several of my Lr pets have used It upon my recommendation and found it An Excellent Medicine, doing them good after all other medicines Hood’s =. Cures : creche withered grass; so” Hood's Bararilla and Pills refresh the human body of ills and pains.’”” HARRIET M. 1 BrovEm Versailles, Missouri. Get HOOD'S. Hood’s Pills are hand made, and perfect in proportion and appearance. — 25e. ENTERPRISE BREWING CO., oe 2015-2023 Folsom Street, San Francisco. : Brewers of the Celebrated EXTRA PALE, CULMBACHER, Ye FRANZISKANDER, . a and STANDARD LAGER EER, os 7 i Notice For Publication, ARB office at Marysville, Cal., February 17, Woting is hereby given that the followingnamed ‘settler has filed notice of his intention to make final proof in support of his claim, and that seid proof will be made before the Register and Receiver at array tlie, Cal, on April 26th, 1894, viz: Edwin Skinner, Home stead Entry No, 3988, for the 844 of BE, Rag . of BE, and BEM, of BW, of Sec. 22,7, IBN. KA E., M, h. M. He names the following aitctaien! to prove bis continuous residence upon and cultivation of, said land, visi Peter Butts, Christian Bartsch, Lars H. Thrane and William Baden, all of Camptonville P. O, California. {20 CHAKLES HAPGOOD, Register. CHAs. E, Swezy, Attorney for C laimant. FIFTY CENTS A WEEK. DRESSMAKING. Mrs, McAra, now located at the corner of Cottage and Winter streets, will be pleased to see ladies desiring dresses made, m13-lw FOR SALE. The brick store building lately occupied tors # br Citizens Bank held on vided 0. 68) of seventy-five Ceti bet ber Bet share was declared payable on and m7 JOHN T: MORGAN, Cashier, Bridge N Notice. Ata A MEETING OF THE BOARD OF pt ed ’ Boird of Supervisors fcr wal of license to Collect toll on the oO Bridge, st the Middle Yuba CrossHATTIE L,; + RL ERMAN, The “NATOOA pecker” Cigars are LOD made of this Tobacco and I unhesitatingly recommend Sg / 1 (\ them as being equal if not superior to those of the most celebrated Factories of the City of ETaBy giving these Cigars a fair trial the Smokers will be convinced of their True i ceneteelieeneee a \ Webrwary 23, 1604, As TO be had only at Lis Lester Crawford’ BEST \ y <i Zz 9 ei Found It_Ate ie “Are attained. increased and preserved by wearing Aya Worcester W. C. C. Corset, Last. To _Obtain‘a Perfect!Corset. © \. Call and Examine T hem \ mk They Are Grand. IN ‘THE WORLD ! FASHION, BEAUTY AND ATTRACTIVENESSWomen Will Have ‘Them Received the Highest Award at the World’s Columbian Exposition. We Have Been Appointed Sole Agents For This Incomparable Corset. i ee a ‘SILVERWARE, OPTICAL COODS, &C., OFrom the§Old and Reliable Firm of Luetje & let a / ! SS A “Royal Worcester'’ improves a poor form, and gives to a good form Mrs. Lester & Grawford. BUY YOUR Brand. For Years We Have™Been Trying At Last We Have Found It—3™=—" BZ ~~ ee GIVE YOUR ORDERS FOR TO THE DAILY TRANSCRIPT, —s a eke

THE DAILY TRANSCRIPT A. DECISION. partnership. = . : PERSONAL POINTERS. "Will Improve Their Store, Ee, / sila Applying the foregoing gen 1 yeliighnn a L. H & Co. ae ahe é 6 tak Brown & Calkins, =e ue te sue’ tiie to the feet of this want, as sented fn the eome-. 4 Concise Chronicle of Various Folks yman ‘o, are abou make some / important changes and improvements in plaint, we have no difficulty in reaching the ings and Intentions. of Little vs. Caldwell. / : fine mn their clothing-store on Main and Commer, conclusion that the plaintiff i titled i WEDNESDAY..MARCH 14, 1894, : core, lS. 3, Darling of Sacramento is in town. . cial streets. They have recently leased the . In the above entitled action, which was * * * i * #*# #* «. J: F. Cutshall of San Francisco arrived . "00m vacated by Charles Klingenspor and — ° an action by the plaintiff, M. E. Little, 3 pela op z LOCALS IN BRIEP. .against the defendant John Caldwell, to reinor Homie . °°V*! from the defendant a portion of the Summarized rt Soules Dons weir money received by the defendant as attorney now propose to connect it with their room next door by means of an archway. An arch will also be put in between the brick building and the wooden building, this here last evening. George Ohenoweth of San Francisco arrived here on the morning train. E. H. Hamlen and W. B. Jones came It follows from these views that upon the facts as stated in the complaint, the plaintiff is entitled to ‘recover one-half of the fifteen per cent provided for in the original i ro here last evening on his way to North Merit. Alma Alice, seven-year-old penal of} any strength to the other averments. If gga S. we loony meen “ Bloomfield Samuel T, Jones of Auburn street, Grass) that contract did not survive the death of Gudlas Seiten 3 Aas sgh goon praie z Mrs. D. E. Stover and her daughter, Miss mM. . Giffin i. Valley, died yesterday of liver disease. . Little, and nothing had then been earned : seabagee wart agaile” wetcenad trom Ban Prancibos last WS ; Fig Procedure the defendant cannot be required : = SS ETO The funetal will take place tomorrow after-. under it, the plaintiff as the successor to fo Aocomné to.the plaintiff bat only be th evening. eiiea nes i noon, his estate had no interest in the contract ee i i i i at elegance of a rance which a woman must possess to be In fashion. Hyman & Co.'s Mammouth Clothing Store, . charge against the partn chip lon hie por getete —" Take Simmons Liver And orter a ga ppea Pp on Commercial Stree. Go and see the stock. . sonal services, and in the case of Denver vs. 6 : aii T4 —eie Styles, Shapes and, Prices for Everybody. . 4 They are nice and cheap. m13-2t . Roane 99 U. S. 359, it was said that none. SHILOH’S CURE, the great Cough, and A. ASOARD.””” oe. of the adjudicated cases.recognizeany dis-}. Croup Cure isin great.demand. Pocket ie ! ‘ FOR CASH. tinction in this respect between such part-. size contains twenty-five doses only 25c. Questal Agent, Fashion Demands Them } : wae nerships, and those entered into between . Children love it. Sold by Carr Bros. re NEVADA CITY, CAL. 7 Groceries, Provisions, Case Goods, pee : Geod news still comes frem the rich strike at the Odin mie. Rich gravel confees on account of the Kstate of Wm. Westerfield, deceased, recently litigated in this county, the lower cotrt sustained a decontract, after deducting all proper expenses chargeable to the partnership in the matter down from Dutch Flat today. . Charles Ehil of San Jose arrived here last enabling a person to pass from one department to another without going outdoors. After the most persistent exertion I have succec ded.in Bec a “ _ NOTICE. : : ; ._.2. of conducting the litigation. evening. = _ — PI ~ oe ieee eighteen securing the finest TOO AaCCo raised in the ! tinues in the drift. murrer to the complaint, and the plaintiff The cunplalet atlonas that the defendant} Fred P. Lon of Oakland is here spending feet pe length, ses ne a in on the he Island of Cuba. hes beast clarity obra ea ata, aled. The Supreme Court reverses the * F mercial-street side, and the store is d April 3d elect dahageiae to the Grand Lodge, dha jodguaeat of tt lower court, and after has paid the sum of $2,500 as attorney’s. * few days. “to charge the same. which meets in San Francisco on the 8th of May. Jackson had his private dynamo running last night and it worked very satisfactorily, lighting up his new. store in fine style. The Curly Bears of “Cave No. 1 held ‘a grand growl last night, after the meeting of Hydraulic Parlor adjourned. Five; “cubs were initiated and a big time was had. . The teamsters and weodmen of. this district are called to meet-at the City Hall on Saturday evening to take action upon the. adoption of a uniform scale of prices for wood and for hauling. As we understand it the idea is not to raise present general prices, but to maintain them and all did stating the facts of the case the Supreme Court says: ** We do not regard the averment that plaintiff assigned to defendant her interest in the original contract for the contingent . . fee in consideration of his promise. ’ te pay her what was right for such interest in the event of the final recovery of the property to which the contract related, as adding to assign. But aside from this consideration, the promise of defendant as alleged was in effect only a promise to pay upon the settlement of the-business growing ont vf the contract, the amount to which she would be entitled as the successor of the deceased partner, and the question of the The Rate War. First-class passenger ‘tickets from San Francisco to Chicago were being sold yesterday for $32.50, while from Chicago to San Francisco-tickets were being sold for $30. ‘It is expected that the east-bound rate will be reduced to that figure very soon, and the rate war will ‘probably continue for some time yet. The present low fares has caused a lively increase in travel both east and west, and we presume many of the. ’ denizens of the frozen east will give up their residence there and take advantage of this (Eggle failed. Iam also highly pleased with the ) a — a ep ; anti ts of Hood's Pills, A ing d golden ap peeveny > her the land of stone vs, Boardinan, 37 Mich. 14; Phillips ee tora this week only, at L. great pacaee Palen — Pi nae? effects of Hood's Pills 8 morning dew ruit and flowers and sunshine. What they vs; Edsall, 127-Ill, 535) still such a contract yman o's m13-2t and is executed-in-highest_style—of_art. will do when they get here is. a problem “they will-have-to solve for themselves; Makes Them Feel Good. The new schedule of water rates adopted “by the Supervisors of San Francisco had a favorable effect upon Spring Valley atock yesterday morning. It opened at $99.50 a.share.and before noon had. risento.$100. bid with $100.50 asked. There is considerable stock —held-in this city-andthis—rise in the market value is duly appreciated by the holders. atte. A Big Show-Window. James Kinkead will shortly put in his furniture store a new show-window, large enough to display a parlor set in. The two rooms occupied by him will be connected by an/arch, and other changes will be made tc improve the convenience and appearance of the store. @ §till Another Lot. Teday another grand and magnificient stock of Spring Clothing was received at L. Etc., at Cost Prices. In order to save removal to my new store I offer for sale at Cost Prices, for cash only, a large stock of Fancy Groceries and Staple Goods, consisting of every article in the grocery trade. Remember these bargains.are offered/at my old stand on Com-mercial street, where will be found every ‘article used in families. This sale will continue but a very short-time and no one can ‘affurd to miss the bargains I am now offerding in this line. Call and see the goods and prices, J. J. Jackson, m13-tf Dancing School. Prof. John Michell will open his dancing achool and social at Odd. Fellows Banquet : P 106 Wall 8t., N. Y, {Advertisements of not to exceed five lines in 3 ner by consenting to the extinguishment of days. £23 length inserted under this read for £0 Cents Hall on Thursday evening, March 16th. td a contract belonging to the partnership, and =. «week or$2amonth, Each additional line l a O n S Fs] t C h e S eWw e . ry sa the sibstitution therefor. of another relat: 10 Cents a week or 40 Cents a month. Paya.) . Y ) e \W Tuar pain under the shoulder blade is ing to the same subject shatter, and in the MANHOOD RESTORED ble invariably in-adyance, . ’ ? dyspepsia. Take Simmons Liver Regulator. . profits of which he alone’ is to participate. —BY— Sad Suckien’s Arnica Salve. The best Salve in the world for Cuts, Bruises, Sores, Ulcers, Salt Rheum, Fever Sores, Tetter, Chapped Hands, Chilblains, Cofns, andall Skin Eruptions, and positively cures Piles, or no pay required. It is guaranteed to give perfect satisfacion or money refunded. Price 25 cents per box. For : by J. J. Jackson, on Commercial street, is s A ; ‘ Store, apnied, os for v0 = Ge pentnceelp * ote offered for sale, Inquire at Citizens Bank All Good sale at Carr Brothers’ Drug as only a modification of the former con‘ dis tied Casttenn lie a Sold em . tract, This rule is particularly applicable Before Using Cupidene. g Cup or terms, old at WATCH: Jewelry : Awarded te oad Laie Nee This Vegetable Vitalizer cures all NEW DANCING ACADEMY. . Borrom a : dissolved by the death of ber of th 0} John' L, Brinkman, instructor. School as Highest Honors World's Fale. . i a te crear} Nervousness or Diseases of the Generative aS, siya . Frome 2 formed, often constituted a large part of the Class for young people from 10 to 17 years and Warranted 0 assets of the partnership, and which it is —SUCH AS— of age. Lessons, 25 cents, At Odd Felthe duty of the survivor, as far as possible, . voge maNHOOD PAINS IN THE BACK, SLEEPLESSN ys, . OW# banduet hall. as Strictly.. Order ! to complete and preserve for the benefit of} ieapacnE, _ TIRED FEELING. DEBILITY, To — ; the firm. PIMPLES, ’ SEMINAL WEAKNESS, IMPOTENCY, Spectacles. First-Cxass . ; : . ee eerily tees. Gok. ees DESPONDENOY AND CONSTIPATION. For first-class Spectacles, Eye Glusses. Repairing of Fine Watches and Newelry By eatiiet spd Be» professional partnership between attorneys. 3 and Optical Goods of all kinds, go to Luetje at law is dissolved by the death of une, the eas & Brand’s. .We have the best system for Goods purchased from us engraved free of charge. survivor is entitled to his own future earn~ CURES WHERE EVERYTHING. ELSE FAILS. secidatiads Givank-tidedin: ‘Weleis leas” tit Orders from the country promptly attended to, : *Towance in the settlement of the partnership —o— Dividend Notice. : ae ee fm accounts for what might-be termed the good. gya”’ The Deser has discovered the active principle on which the’ “vitality of the Nevada City. ‘ P AND. MOST PERFECT MADE. ". peuntion contngeet upon fea! enmnm and] “One Dollar bos, is tease fr [Nimes are tuatare . S OB PRINTING A pure Grape Cream of Tartar Powder. Fee . which the client permite the surviving part-]. Send for Circulars and Testimonials, near from Ammonia, Alum or any other 40 YEARS THE aii . = -minated ‘for such a eause is with the client, thereto is, a court of equity in settling the nature or value of that interest is tobe determined upon the general principle underlying law of partnership, and, if ander such general rules the estate of the deceased partner_is _not—entitled-to-any—portion—of . the contingent fee earned under the circumstances stated in the complaint, the plaintiff is not entitled to recover, It may be conceded that when a tirm of attorneys is empleyed to conduct litigation, the client contracts for the services of all the members of the firm ; and, while perhaps'the spirit of such a contract does not require that all the partners shall personally participate in all steps of the trial if in their judgment it is not necessary se to do. is one so far of the personal services of all, . that upen death of one member of the firm the client may elect to consider the contract of employment as terminated. (Wright vs. McCampbell, 75 Tex. 664; McGill vs. McGijl2 Mtcalf, (Ky.) 258.) This would be the rule in centroversies between the client and surviving members of the firm, where such election was properly made bythe client; but the option to declare the contract terand, ifhe does not‘ do so but is willing to entrust the further management of the litigation in which the firm was eiployed to the survivor, the survivor is bound to complete the unfinished contract for the benefit of the partnership, and unless it was otherwise agreed upon between the partners he would net be entitled to compensation from the partnership, or from the estate of the deceased partner for his services in doing so, * * * * * The rule is well settled in regard to commercial partnerships that the surviving partner must complete all executory contracts of the firm which remain in* force after the death of a partner and must settle the business of the partnership without attorneys for the practice of their profession, and we know of no such distinction. This obligation of the surviviug partner is one of the risks assumed by him in entering: into partnership, unless otherwise specially agreed ; and in discharge of this. obligation of duty, the surviving partuer occupies the position of @ trustee in relation to the unsettled and unfinished business of the firm, and while he may compromise disputed claims, or modify an existing contract by releasing the other ‘party thereto from some of its obligations when in the exercise of an honest judgment the best interests of the partnership seems to him to reguire such acticn, still, in doing so, he is not permitted te make gain for himself at the expense of the estate of the deceased partWhatever may be the effect of such & contract as between the immediate parties accounts of the partnership will not treat it as an entire extinguishment of the original contract, and for the right of the representatives of the deceased partner to an equitable participation in the profits realized from the latter contract, and which may be rewill of the partnership, or frem the profits of such future business as may have come to him because of prior business transacted for the client by the firm, still, in regard to unfinished business entrusted to the firm, as ner to complete, such a contract, although net capable of assignment, is stillto be viewed by a court of equity as am asset of the fees in-the prosecution of the action in which the contingent fee was recovered. If this be so, the partnership is properly chargeable with its proportion of the sum thus paid, viz: one-fourth, but the defendant is personally chargeable with the costs of the litigation assumed by him, and in consideration of which he is entitled to retain the increased compensation of forty-five per Striped Merino. , Will close out this week at 25 cents. Such

a bargain was never before offered in the executor or administrator of his deceased partner, cannot be sustained. alleged in the complaint that~any other action for the same cause has been brought by the executor or administrator, and new pending, as the plaintiff is entitled to the entire estate of her deceased husband, -eertainly—has—an—interest—in the subject . matter as entitles her to maintain the action. It is not she Judgment reversed, with directions te the Superior Court to overrule the demurrer to the complaint. Dre Heven, J, We concur: aes McFaruanp, J, FirzG@eRaxp, J. Judge J. M. Walling was attorney for plaintiff and A. D. Mason for defendant. ~+-2So->— Only 25 cents. —— Forty dozen Men’s Shirts and Drawers— Full value 50 and 75 cents. ——2 eGo o-pee Superior Court. The following business was transacted in the Superior Court today, Hon. John Caldwell presiding: Estate of Wm. Kemp, deceased, ~ Amen datory decree of distribution. Estate of Leb Hirschman, deceased, Decree of final discharge. Francisco Dellapiazza ve, Patrick Bohannan. Order extending time. Oe Good Indications. The miners at the Odin mine have encountered a streak of coal and a small stringer of quartz about two inches wide in the main drift, This is regarded as a good sign that they are on the main channel. The gravel continues rich and the general outlook warrants the belief that the Odin will soon be on a paying. basis. Ir your hair is harsh, dry, and wiry, you will find Ayer’s Hair Vigor.of essential service in rendering it soft, pliant, and glossy. Don’r ruin your digestive organs with KARL’S CLOVER ROOT will purify your Blood, clear your Complexion, regulate your Bowels and make your Head clear as a bell. 250c.and 50c. Sold by Carr Bros, Furnished Rooms For Rent. Two rooms on’the-first floor at the residence of Mrs. H. C. Mills, Main street, 2t she 25 Cents. Boy’s Black, Gray or Brown Wool Hats at B. H. Miller's. ; eneicinatin ets Piano Tuning. W. D. Travers, the well-known pianotuner, will be in Nevada City in a few F. E. Sinclair of San Francisco arrived here on last evening’s train. Richard Webb, the well-known miner, is on the sick list. Mrs. Hontoon of Sacramento is here on a visit to her sister, Mrs. D. S. Baker. Superintendent Orrin Gowell of the Harmony returned last evening from Oakland. E. Richards of San-Francisco arrived Mrs. Dr. Samuels of Washington arrived here last evening on her way to San Francisco. yA Mr. and Mrs. Kinkead, of Los Angeles, who have been here on a visit to the fer: mer’s father and sisters, will return home tomorrow. ~ Did You her the ‘News? Well, it-isthis._You can go dewn-to—LHyman & Co.’a Clothing Store, on Commercial Street, and buy Spring Bottom Overalls at 50 cents 'a pair. m13-3t ~~" See the: World’s Fair for Fifteen Cents. Upon receipt of your address and fifteen cents in postage stamps, we will mail you prepaid our SovvENIR PORTFOLIO OF THE Wortp’s Cotumsra Exposition the regular price is Fifty cents, but as we want-you to have one, we make the price nominal. You will find it a work of artanda thing to be prized. It contains full page “view of the not satisfied with it, after you get it, we book, Address, H. E, BUCKLEN & CO., Chicage, IN, Fortiry yourself against hurtful changes of weather by the use bad Ayer's rasp rilla, — + HEAurH demands a healthy liver. Take Simmons Liver Régulator for oe and indigestion, Bon Ami The modern cleaner, at Gaylord’s, tf 25 Cts. Boy’s Percale Shirts, sizes 114 to 14 with two Collars, at Miller’s, A Specialty. Watch repairing a specialty at Luetje & Brand’s, POWDER Absolutely Pure. A cream of tartar baking powder,— Highest of all in leavening strength.—Latest U States Government F Report. Royal Baking Powder (o., C:U:P:1:D:E:N:E! SEXUAL apparatus is dependent. ‘The reason why sufferers are not cured by physicians and medicines is because over 90 per cent. are troubled with PROSTATITIS, for which CUPIDENE is the only known . *fter remedy to cure the complaint without an operation. A written guarantee to refund the money if a permanent cure is not ee PE Cal. Address all mail orders to DAYOL MEDICINE CO., P. 0, Box 2076, San Pranciscc, '> For sale in Nevada @ity by CARR BROS, Will refund the stamps and let you keep the . fitted up in fine esheets thevagheut. Mre. H. M. Stover Versailles, Mo, Like Morning Dew Hood’s Sarsaparilla Freshens, “Strengthens and Cures Heart Palpitation — Distress — That Tired Feeling. “Tam glad to state that Hood’s Sarsaparilla has done me lots of good. I was subject to cramps inithe stomach, liver complaint, indigestion, palpitation of the heart, and that tired feeling. Hood’s Sarsaparil relieved me -wonderfully, and. now when feel the least uneasiness I resort to Hood’s Sarsaparilla, and it always gives me immediate relief. I could not do without it, and several of my Lr pets have used It upon my recommendation and found it An Excellent Medicine, doing them good after all other medicines Hood’s =. Cures : creche withered grass; so” Hood's Bararilla and Pills refresh the human body of ills and pains.’”” HARRIET M. 1 BrovEm Versailles, Missouri. Get HOOD'S. Hood’s Pills are hand made, and perfect in proportion and appearance. — 25e. ENTERPRISE BREWING CO., oe 2015-2023 Folsom Street, San Francisco. : Brewers of the Celebrated EXTRA PALE, CULMBACHER, Ye FRANZISKANDER, . a and STANDARD LAGER EER, os 7 i Notice For Publication, ARB office at Marysville, Cal., February 17, Woting is hereby given that the followingnamed ‘settler has filed notice of his intention to make final proof in support of his claim, and that seid proof will be made before the Register and Receiver at array tlie, Cal, on April 26th, 1894, viz: Edwin Skinner, Home stead Entry No, 3988, for the 844 of BE, Rag . of BE, and BEM, of BW, of Sec. 22,7, IBN. KA E., M, h. M. He names the following aitctaien! to prove bis continuous residence upon and cultivation of, said land, visi Peter Butts, Christian Bartsch, Lars H. Thrane and William Baden, all of Camptonville P. O, California. {20 CHAKLES HAPGOOD, Register. CHAs. E, Swezy, Attorney for C laimant. FIFTY CENTS A WEEK. DRESSMAKING. Mrs, McAra, now located at the corner of Cottage and Winter streets, will be pleased to see ladies desiring dresses made, m13-lw FOR SALE. The brick store building lately occupied tors # br Citizens Bank held on vided 0. 68) of seventy-five Ceti bet ber Bet share was declared payable on and m7 JOHN T: MORGAN, Cashier, Bridge N Notice. Ata A MEETING OF THE BOARD OF pt ed ’ Boird of Supervisors fcr wal of license to Collect toll on the oO Bridge, st the Middle Yuba CrossHATTIE L,; + RL ERMAN, The “NATOOA pecker” Cigars are LOD made of this Tobacco and I unhesitatingly recommend Sg / 1 (\ them as being equal if not superior to those of the most celebrated Factories of the City of ETaBy giving these Cigars a fair trial the Smokers will be convinced of their True i ceneteelieeneee a \ Webrwary 23, 1604, As TO be had only at Lis Lester Crawford’ BEST \ y <i Zz 9 ei Found It_Ate ie “Are attained. increased and preserved by wearing Aya Worcester W. C. C. Corset, Last. To _Obtain‘a Perfect!Corset. © \. Call and Examine T hem \ mk They Are Grand. IN ‘THE WORLD ! FASHION, BEAUTY AND ATTRACTIVENESSWomen Will Have ‘Them Received the Highest Award at the World’s Columbian Exposition. We Have Been Appointed Sole Agents For This Incomparable Corset. i ee a ‘SILVERWARE, OPTICAL COODS, &C., OFrom the§Old and Reliable Firm of Luetje & let a / ! SS A “Royal Worcester'’ improves a poor form, and gives to a good form Mrs. Lester & Grawford. BUY YOUR Brand. For Years We Have™Been Trying At Last We Have Found It—3™=—" BZ ~~ ee GIVE YOUR ORDERS FOR TO THE DAILY TRANSCRIPT, —s a eke