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What is JotForm?
JotForm is a free online form builder which helps you create online forms without writing a single line of code. No sign-up required.
At JotForm, we want to make sure that you're getting the online form builder help that you need. Our friendly customer support team is available 24/7.
We believe that if one user has a question, there could be more users who may have the same question. This is why many of our support forum threads are public and available to be searched and viewed. If you'd like help immediately, feel free to search for a similar question, or submit your question or concern.
Complex calculation using calculate field or what do you suggest?Asked by tidychamps on January 17, 2017 at 06:40 PM
I am configuring the form to populate service rate based on 2 factors only - 1) House size and 2) Type of Service . That seems like a simple calculation however here are the problems:
When a customer select condition 1, they have to choose one of 6 options under condition 2. Here is how it works:
Condition 1 - checkbox (10sf, 20sf, 30sf) - form responded will select one of the 3 options.
Condition 2 - checkbox (daily, 1x per week, 1x every 2 weeks, monthly, one-time standard, one-time deep, moving)
When they selected one of the options in condition 1, they have to choose one of the services in condition 2
example -
Case 1 - customer has 10sf but they have to select what service option they need
10sf and daily = service price for daily 10sf
10sf and 1x weekly = service price for 1x per week 10sf
10sf and 1x every 2 weeks = service price for 1x every 2 weeks 10sf
10sf and monthly = service price for monthly 10sf
... etc
Case 2 - customer has 20sf but they have to select what service option they need
20sf and daily = service price for daily 20sf
20sf and 1x weekly = service price for 1x per week 20sf
20sf and 1x every 2 weeks = service price for 1x every 2 weeks 20sf
20sf and monthly = service price for monthly 20sf
... etc
Case 3 - customer has 30sf but they have to select what service option they need
30sf and daily = service price for daily 30sf
30sf and 1x weekly = service price for 1x per week 30sf
30sf and 1x every 2 weeks = service price for 1x every 2 weeks 30sf
30sf and monthly = service price for monthly 30sf
... etc
I need help getting this together.
I think jotform can handle this but not sure if this is is too much for calculate/update field to handle, or if this is for math function or array, or whatever. I have stuggled with this for some time and someone out there could help me, that will be great.
I have attached what is expected on the result in a table
JotForm Support
Please allow me some time to investigate this further and I will get back to you with a possible workaround. Regards.
JotForm Support
Hello again,
Based on the information provided, I have setup a demo form that will calculate the rates based on your requirements. Please follow this link to view the demo: https://form.jotform.com/70168987091972 You can also clone it to your account by following this guide: How to Clone an Existing Form from a URL
The way I set it up is I first added a base rate as the calculation value for each of the options in the condition 2. You can add calculation values by following this guide: How to Assign Calculation Value
weekly = 20
1 every 2 weeks = 30
three weeks = 40
Then assign a calculation value for each option in Condition 1.
10sf = 0
20sf = 5
30sf = 15
Once this is done, I have added a calculation field where we will insert the calculated value.
I then setup several conditions that will add the calculation values from both radio fields. You can clone the form as instructed above to check each of these conditions. Here's a guide that may help: Smart Forms Using Conditional Logic
After that, you're all set. You can clone and modify the demo per your requirement. If you need further assistance, please let us know.


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Rice crispy bars coated with organic chocolate and topped with sprinkles! (2) bars.
Ingredients: organic brown rice cereal, tapioca syrup, vegan cane sugar, water, non-GMO corn starch, carrageenan, acacia, pure vanilla extract, non-GMO soy protein, locust bean gum, organic confectioner's sugar, sea salt), non-hydrogenated spread (oil blend [soybean, palm, canola, olive], water, salt, natural flavor, soy lecithin, lactic acid, annatto extract), organic chocolate (chocolate liquor, sugar, cocoa butter, vanilla extract), natural sprinkles. (2 oz/ 43 g)
Allergens: Contains soy. Manufactured in a facility that also processes wheat, peanuts, tree nuts, and strawberries.
Vegan. Non-GMO. Kosher. All Natural.
WARM WEATHER SHIPPING INFO: perishable food shipments are vulnerable to heat (especially chocolate items). If your shipping destination is above 75 degrees F, we STRONGLY suggest adding ice packs from the menu to your order along with an insulation box to keep the contents cooler longer. For optimal protection please add 1 ice pack per 2 items. We also highly recommend express shipping, especially during the summer months - the further the destination from NYC, the more we recommend. If you choose not to do any of these things, S&S is not responsible for damages and melting incurred from weather issues.
Posted by rebecca on 30th Oct 2016
The smores are incredible-a great vegan treat. The choc coated mallow ghosts were delicioua as well.
Posted by Agatha Knouse on 16th Oct 2016
Loved everything about this - the texture, the rice cripsy treat part, the chocolate, the sprinkles!
Posted by Debra on 21st Jun 2016
Maybe the only thing that could make S&S crispy rice treats better! This is the kind of food that is a MUST HAVE for all who know, truly know in their souls, that pretty much everything edible is made better with a layer of chocolate . . . and some sprinkles.
Posted by Tanya T on 1st May 2016
Sweet & Sara rice crispy bars were already delicious, then topped with smooth dark chocolate(?) - yes, please. NOW with sprinkles? Two words - WORLD PEACE!! Yummy!!!!!
Posted by Maggie on 13th Apr 2016
I used to love rice crispy treats, but couldn't have them after I went vegetarian. So sad! But these are excellent, exactly like the ones you get in stores. And the chocolate on top is yummy! I know I'm going to get these again soon!

subset: commoncrawl


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With First Tutors: Music you can find a Frome piccolo teacher. Piccolo tuition are an excellent way to start a fun new hobby, acquire a new talent and gain confidence in piccolo. Use our site to search for Frome piccolo tutors and determine which suits your needs so you can enjoy your piccolo tuition in Frome today!
This is the only place to discover Frome piccolo tutors in the UK, helping you find Frome piccolo lessons in your area and Frome tutors to help with any instrument, for example, piano, violin or guitar. We can help you find Frome piccolo tuition or a one-to-one Frome piccolo teacher to prepare for piccolo exams and develop your piccolo skills! Our search will order Frome piccolo tutors in your area according to their lesson charges and distance from you.
If you are a piccolo tutor wishing to offer your piccolo lessons in Frome or anywhere else across the UK, please register with First Tutors: Music or find out more about us here. Becoming a Frome piccolo teacher is a great way to re-affirm your own skills by providing piccolo lessons while assisting someone else, all in Frome!


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Lovenox, also known as Enoxaparin, is a low molecular weight heparin. It is design to be given as a subcutaneous injection for patients who have recently undergone surgery, are on bed rest for an extended length of time, have new or recurring cardiac problems, or have a blood clot, also know as a deep vein thrombus. It can be administered by the patient, family member, or a caregiver-given the patient choice.
Example picture of an lovenox injection


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Merry Christmas and happy holidays.
I have been a member of your site since 2007 and in last two and half years I have learned to trade successfully after adopting your methods. This year has been the best year so far in my 5 year trading quest. I have made more money trading this year than I made in my full time job. Now my wife has also got interested in trading , that is some miracle as she used to complain about the time I was was spending on your site.
Your recent Episodic Pivots bootcamp was very good in reinforcing the concepts and giving hands on practice. I have adopted your method and developed my own scans and entry, exit,stops, and risk rules. I have organised my information sources to quickly get the information I am looking for. It has taken me months to perfect this but now I find most of the trades you and other traders find.
I have also had lot of success with your Modified Double Trouble method. I have done my own minor changes to your steps and now have list of breakouts to anticipate everyday. Because I work full time, I have developed a method to put anticipated orders based on b/o entry triggers. I use that to create conditional orders. This has been key to my consistently becoming profitable. As you keep saying "prethink everything", by doing this I know which of the breakouts are good based on fractal efficiency, trend persistence, number of 4% breakouts, sector, and earnings.
One of the best things about your site is the comment feature. The comment section has so much information. I have learned a lot from the discussion between other traders. While I am not a active participant in the comment section due to restrictions at our work place, I religiously read every comment in the night. There is so much to learn from them. There are so many knowledgeable traders who share their experience.
Thank you so much for all the effort you put in to running your site. I am amazed at the constant improvements you have done since 2007. I eagerly look forward to your 2010 plans and boot camps. Without doubt the idea of the boot camp is the best thing you did this year. It had done wonders to my EP trading skills.
Once again thanks and happy holidays.


text: You might be right. And the team's already set a precedence for up to three new, young, starters at OL in one season. It'd be fun to see this lineup, especially if Parnell wins the RT job. If for no other reason than it should start up some interesting threads around here for a few weeks if we were to add three new starters and two of them were players we developed from our own bench.


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Best v. City of New York, 12 Civ. 7874,
Civil Procedure | Family Law | Custody and Child Support
- U.S. District Court, Southern District
- 12 Civ. 7874
- District Judge Richard Sullivan
This premium content is reserved for New York Law Journal subscribers.
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text:
The North Shore Place II Regus center at 322 North Shore Drive puts your business in one of Pittsburgh's trendiest neighborhoods. Sports stadiums, dining and business are all in walking distance from this office space that is a block from the Allegheny River.
A multitude of different businesses will find this Regus center to be a great fit. The area's selection of amenities mean everyone from single attorneys to satellite offices will find it accommodating.
Our Regus staff is capable of handling your business' reception needs, no matter what the size. This center features a balcony and the building's terrace is a great place to get some fresh air.
Enjoy a sociable way of working in a communal workspace, with flexible options so you'll only pay for what you use.
Drop in whenever you need, with desk space in a professional, shared environment on a first come first served basis.
Select from 5 or 10 days per month at your chosen location.
Make yourself at home with a personal desk and storage facilities in a professional, shared environment.
Get unlimited access 24/7 at your chosen location.
Flexible workspace for an hour, day, week, month, or years.
Prices are per person per day on a 24-month agreement, subject to availability.
To arrange a visit, speak to our team on 1-855-400-3575
Whatever your business, whatever your budget we'll help find the right workspace.
Whatever your business, whatever your budget we'll help find the right workspace.
Need more information?
Want to ask some questions?
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text:
Sweet and Soft Winter Bonnet by Sandy Powers
Welcome! You are browsing as a guestWould you like to see projects made from this pattern and much more? create a free account What am I missing?
© sandyscapecodoriginals
© sandyscapecodoriginals
© sandyscapecodoriginals
Sweet and Soft Winter Bonnet
This pattern is available from sandyscapecodorig.etsy.com for $2.95.
A throw back from days gone by with a new twist…adorable winter bonnet for babies. Super quick and easy to make.
Materials needed:
Bernat Baby Jacquards 3.5oz, Easter Parade x 1 skein
Bernat Boucle 5oz, White x 3 ozs.
I hook
yarn needle
For more information, see: http://www.sandyscapecodorig.etsy.com


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CHICAGO -- Brian Boucher, invited to training camp on a tryout basis, stopped 26 shots to lead the Chicago Blackhawks to a 2-0 win over the St. Louis Blues on Tuesday night in the exhibition opener for both teams.
Brian Bochenski and Adrian Aucoin scored for the Blackhawks.
Chicago's top goalie, Nikolai Khabibulin didn't dress. Patrick Lalime, tabbed for the backup role, is expected to miss three months following surgery last week to repair a herniated disc.
Boucher or Sebastien Caron will likely back up Khabibulin during the first half of the season as Lalime recovers.
St. Louis' Curtis Sanford played the first 29 minutes and 42 seconds, allowing one goal on nine shots. Jason Bacashihua finished, stopping 10 of 11.
Bochenski opened the scoring 3:54 in, beating Sanford from the slot after taking Dave Bolland's centering pass from the corner.
Aucoin made it 2-0 with 3:04 left in the second. His shot from the blue line slipped between Bacashihua's pads while the teams were skating 4-on-4.
The Blackhawks' biggest offseason acquisition, right wing Martin Havlat, was not in the lineup.
Bill Guerin, signed by the Blues as a free agent, played his first game with St. Louis. Doug Weight, reacquired from the Stanley Cup champion Carolina Hurricanes, and goalie Manny Legace -- signed from Detroit -- didn't dress for the game.


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We have all these systems yet no real unified solution. I am by no means an expert, so I need some guidance to somehow take what we have and integrate it better. I would really love to be able to get things working together and be simplified and much more manageable.
Where do I beging?
2 Replies
Jun 2, 2012 at 11:21 UTC
So Lync and Exchange so work together, get presence and launch Lync from Outlook do you get that?
I havn't integrated a phone system with Lync yet so can't help there
Jul 23, 2012 at 7:38 UTC
1st Post
Lync includes various collaboration tools: Instant messaging, video conferencing and, the most interesting of all, voice over IP. When implementing Lync VoIP, you will always have legacy end points (fax and no- IP telephones) that will need to coexist with Lync, at least during the period of fully implementing Lync across the company. When Lync acts as the PBX, you need to consider an exit to the telephony network. This can be accomplished with a VoIP provider or adding PSTN access to the Lync server. Deciding which approach is the most adequate depends of the size and requirements of your project. Here is a whitepaper that could help you plan your transition from legacy communication to Ms. Lync. http://goo.gl/jRNW0
This discussion has been inactive for over a year.
You may get a better answer to your question by starting a new discussion.


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The hotel is centrally located on a quiet street and within walking distance to the main shopping streets of Chengdu (Chunxi Lu). I have been staying there over ten times. It is relatively new and clean. For its price and for its location it is very good. The rooms are spacious, clean and adequately fitted with flat screen TV, not very comfortable sofa etc. Once I even got upgraded to a room with Mac computer… haha. The breakfast can be improved as it is limited, repetitive (same again and again everyday) similar to a local Chinese hotel. Some other guests will come to your table to have their breakfast without asking you! If you go to breakfast too late, be aware that you will find some empty buffet (not refilled, or cold) or no tables or tables not clean on time. The service is adequate for a budget hotel.
- Official Description (provided by the hotel):
- Welcome to Holiday Inn Express Chengdu Gulou, an international chain hotel with brand new concept. The hotel is strategically located in the heart of Chengdu, just 5 minutes stroll from Chunxi Road and Tianfu Square, allowing convenient access to CBD, banks, Sports Center, as well as local attractions such as Temple of Marquis Wu, Jinli Street. The hotel is just 15 minutes drive from Chengdu Railway Station, 20 minutes from Century Convention Center, and 30 minutes from Shuangliu International Airport. Whether you are here on a short business trip or to explore sights of Chengdu, it is perfect for both occasions.Holiday Inn Express Gulou Chengdu, this 20 storey central city hotel boasts 281 well-appointed guest rooms,1 Great Room 1 business center and 2 meeting rooms. All rates are inclusive of Express Start Breakfast,Senses Tea,High-speed Internet Access and Simply Fresh Bathroom.The hotel also provides 32' LCD TV, In-room Safe, IDD/DDD, Voice Mail and Hairdryer alike. ... more less
- Reservation Options:
- TripAdvisor is proud to partner with Priceline, Expedia, Orbitz, IHG, Booking.com, Hotels.com, Ctrip TA, Cancelon, Travelocity, Agoda, TripOnline SA, HotelQuickly and Hotwire so you can book your Holiday Inn Express Chengdu Gulou reservations with confidence. We help millions of travelers each month to find the perfect hotel for both vacation and business trips, always with the best discounts and special offers.
- Also Known As:
- Holiday Inn Express Chengdu Gulou Hotel Chengdu
- Chengdu Holiday Inn


text:
What is JotForm?
JotForm is a free online form builder which helps you create online forms without writing a single line of code. No sign-up required.
At JotForm, we want to make sure that you're getting the online form builder help that you need. Our friendly customer support team is available 24/7.
We believe that if one user has a question, there could be more users who may have the same question. This is why many of our support forum threads are public and available to be searched and viewed. If you'd like help immediately, feel free to search for a similar question, or submit your question or concern.
Hi Azreena,
After a bit of troubleshooting we have managed to find the cause of the behavior.
The issues is caused by a CSS property, height this caused the textboxes height to be less than the text being inputted, apply the following CSS code to override the existing line height.
.form-textbox {
height:normal !important;


text:
There are calls for urgent action to mend an "elusive" leak which has flooded a pavement with dirty water and driven shoppers away.
A section of High Road, Woodford Green, is sporadically flooded with a mix of rainwater and sewage, with Thames Water struggling to locate the source of the problem.
Owner of Whistle 'n' Flute dry cleaners, Cert Halil, said trade has been badly affected.
He added: "It is a real mess outside the shop with sewage mixing with water and it is real issue.
"I am losing customers because of this, and it needs to get sorted out.
"Customers don't want to have to wade through water to get to the shop.
"I pay up to £1,000 of business rates each month so I am very unhappy that this is going on.
"It has been three months now, we just need it fixed."
Andy Wittrick, owner Wood Flooring, says the leak has forced him to change the way the business operates.
He said: "The front of the shop is soaked.
"We used to put some of our products outside the shop but we can't now."
Ron Wortley-Millek, of Forest Approach, Woodford Green, raised the issue at an Area Two Committee meeting on Tuesday.
He said: "In my opinion Thames Water have washed their hands of us.
"When it rains the street floods. The sewer points need to be sorted out and the drains need to be cleaned."
In response, Conservative Cllr James O'Shea said Redbridge Council was working with Thames Water to get the problem solved, but was unable to explain why it was taking so long.
Thames Water confirmed it has visited the site twice since the problem was reported.
A spokeswoman said: "Our teams are working in and around High Road trying to pinpoint the source of a leak on one of our clean water pipes.
"We're really sorry for the time it has taken us to sort this out and for any disruption to residents. We're working as fast as we can to find this elusive leak, get it fixed, and get the road back to normal."


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#25 Cabled Raglan Pullover by Adrienne Vittadini
Welcome! You are browsing as a guestWould you like to see 25 projects made from this pattern and much more? create a free account What am I missing?
by nvkby Flickr
by kellym Flickr
© chipmunk-knits
© Vogue Knitting
#25 Cabled Raglan Pullover
This pattern is available from store.vogueknitting.com for $6.00.
Errata available: vogueknitting.com
- Small (Medium, Large, X-Large)
- Bust: 37 (40, 43, 46)"/94 (101.5, 109, 116.5)cm
- Length (with hem folded, measured from center back neck): 21-1/2 (22, 23, 23-3/4)"/54.5 (56, 58.5, 60.5)cm
- Upper arm: 12-1/2 (13-1/2, 15, 16-1/2)"/31.5 (34.5, 38, 42)cm
From pattern description:
"Standard-fitting, raglan sleeve pullover with cables at the shoulders, hemmed edges and shaped sides."
From Vogue Knitting, Fall 2002:
"Stitched in a soft cashmere blend and with pretty cables on the shoulders, this pullover has all the lovely details you'd expect from Adrienne Vittadini. Stockinette-stitch hems, shaped side seams and fully fashioned raglan sleeves complete the sophisticated look."
For more information, see: http://store.vogueknitting.com/p-1447-cabled-pullove...


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|2007-05-29, 05:38
|Link #1
Junior Member
Join Date: Sep 2006
animes like ranma 1/2 and tenshi na konamaiki
do you guys know other animes like ranma 1/2 and tenshi na konamaiki where the characters change from girl-boy or boy-girl. The only other ones I've seen is "girl meets girl" and I My Me! Strawberry Eggs.
|2007-05-29, 06:30
|Link #2
Senior Member
Join Date: Dec 2005
Age: 31
Birdy the Mighty - I've never seen it; I've only read the first couple chapters of the manga remake that have been scanlated. After being killed in a fight between aliens, a boy ends up sharing the female alien's body.
There are some cross-dressing anime, but it seems you're looking specifically for the body actually changing.
|2007-05-30, 07:55
|Link #3
Senior Member
Join Date: Dec 2005
Cinderella Boy
Maze - old anime/mecha/magic
Chevalier - the main character was possessed by his sister and sometimes she took control over the body.
sailor star - only in anime....
|2007-05-31, 01:46
|Link #6
Senior Member
Join Date: Dec 2005
Age: 31
Otogizoushi - the first half the protagonist pretends she's male
Otome wa Boku ni Koishiteru - guy cross dressing at an all-girls high school
Ouran Koukou Host Club - girl wears the boy's uniform and joins the high school's (male) host club
Romeo x Juliet - Juliet cross dresses as Odin (at least in the beginning) and has the male alter ego "The Red Whirlwind" (very Zorro-ish)
|Thread Tools


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Wondering if anybody is interested in putting together an alternate meeting that is closer to downtown Chicago? Downers Grove is basically impossible for my bike-and-CTA-riding ass to get to, but I would like to engage in some networking with other Spiceheads.
8 Replies
Oct 5, 2010 at 7:41 UTC
I've been trying to get them to get a Skype or dial-in setup going. I would love to make it to Chicago, but it is a little far, especially with two young kids at home...
Oct 6, 2010 at 8:22 UTC
I'd be down. Living in the city with no car makes it a bit rough to get up to the burbs.
Oct 6, 2010 at 9:12 UTC
That's a good idea, Rob. If/when we pick up enough people to hold a meeting - say 5 or so who are interested - I'll make sure we work out some kind of teleconferencing option.
Oct 19, 2010 at 10:14 UTC
i have a team that is interested in down town.
Nov 17, 2010 at 9:52 UTC
I'm interested in downtown.
Nov 17, 2010 at 11:37 UTC
I have created a Doodle poll covering the time through the end of the year and the start of 2011, leaving out the obvious holiday times, to see if we can come up with a consensus time to have a Downtown Chicago meeting. Please put in times you would be available and I'll see what I can do about scheduling something.
I've never attended or run a SpiceCorps meeting before, but I can wing it...could always use a co-facilitator if anybody wants to help.
Location would be, unless somebody has a better one, in the conference room of my office on N. Michigan Ave. Full details when event is scheduled.
Sep 22, 2011 at 3:37 UTC
Has this issue died? Are there no downtown meetings/classes scheduled or going to be? CDW does have a big office space downtown.
Sep 26, 2011 at 10:40 UTC
The issue died, mostly because I was trying to organized a meet up at the wrong time of the year (holidays) and it never got off the ground. I got too busy with other stuff at work.
I would like to reboot this, not just so I can get the points for starting a SpiceCorps, but because I would like to get to know other Spiceheads and try to build more of a network for us in-the-City folks.
Anybody want to co-chair with me, maybe we can actually make some forward progress if we have more than one brain on it. Message me directly and we can talk more about it and come up with a plan.
This discussion has been inactive for over a year.
You may get a better answer to your question by starting a new discussion.


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About the Book
Created in 2012, for an assignment in Graphic Design at Wittenberg University, in Springfield, Ohio, The ABC Book of Christmas, is a compilation of a few favorite family recipes shared during family holiday get-togethers. Given the assignment to "go outside" and photograph letters in order to incorporate these images into a book, the timing was perfect. Because our class assignment occurred just before Christmas, and I was creating a book with a Christmas theme, I wanted to find as many colorful letters as possible.
About the Creator
Transparency and movement dominate both my landscapes and my still life works. Just as I love the movement of rolling hills or ocean waves, swaying tree limbs, and grasses in nature; I am mesmerized by soft folds in fabric, as they roll beneath and around chosen objects. When painting En Plein Air, Alla Prima, either in watercolors or in oils, my spiritual senses are awakened as I study shapes, colors, and changing light. My preferred subjects, above all, are dynamic oceanic scenes. The sparkling, transparent waters of my landscapes are mirrored by reflections of cut glass and other objects in my still life paintings. A member of Dailypaintworks.com, Donna paints daily small works, updates her website, and sends out a weekly blog and Newsletter. As well as painting professionally, and teaching private students; she also teaches classes in watercolors and oils, at the Troy Hayner Cultural Center, in Troy, Ohio.
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text:
The Hives 2017
The Hives Concert dates
You are intended to attend The Hives event as it comes close to your home. And of course, the event is appearing in Toronto. Visit our website and get top The Hives tickets at low prices unavailable within other websites. Cheap The Hives tickets are our specialty, so profit of the chance!
The Hives tour dates
2016 Past Events
TURF Festival: Dropkick Murphys, Jake Bugg & The Hives - Friday Admission
Sep 16, 2016 To Sep 16, 2016
Fort York at Garrison Commons
Toronto, ON , Canada
Toronto, ON , Canada


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vol. 60.
chrunge; be notified, and be given time and opportunity to point out 1:1>' i;)le receivers any inequality in schedules, or any inj'Q.$tice which they may think will be done them by any proposed change the rules and regulations. If, after such negotiation and consUltatIon, the receivers and employes are unable to agree as to any proposed rule, regulation, item, 'or items of the wage schedules prothe mattersO! difference be referred to the court for final dete!'llill)ation. If thil1l' course' pursued, the result, in our judgment, will be that after a full consultation and discussion of these mattersjbetween the receivers and employes (meeting, as they will, in a spiI'it of fairness upon both sides, determined to do the right thing, existing cOi).di;tions), very little will be left to the determination ofthe court, to this matter. This course not having been pursued in this instance, we deem it advisable to deny the of the petition of, the '. recei",ers; and an, order to that ef· fect will he entered in this district, and in the district of Wyom.ing.' ,',
SHWARTZet Ill. v. H. B. OLAFLIN CO. KERN et al. v. SAME.
(Oircul.t Court of 4;ppeals, Fifth Oircuit.
December 23, 1893.)
No. 159.
DESCENT AND DrSTRmUTION-'-LIABILITY OF HEIRs-ABATEMENT.
Under Code Pr. La. art. 120, which declares that, upon death of a defendantpending suit, the SUit'shall' not abate, but shall be e<intinued against h18 by notice 9n them, but that, judgment can only be given agaiJU\t for, Ais, ,of the Inheritance" It Is error to render judgment tbe heirs in solido on service of notice, but without appoorallce by them, or' entry of default against them, or submission to a jury of any issue as'to their heirship and respomslbility. in the federal courts shall dissolved by any cause which would dissolve similar attachments ·. in the state courts, an attachment is dissolved in Louisiana by an acce'vted cesSion of the attached property to creditors under the insolvency 1,aws of that state. '
ATTACHMENT-DISSOLUTr01lr-INsor,VENCY-FEDERAL COURTS. Under Rev. St. U. S. §. 9sa, dec1aring that attachments
Such a dissolution of. an attachment maY be pleaded by the insolvents and by interveners who, claim the attached property as purchasers prior to the cession, as well as by the syndic.
In Error to the Circuit Court of the United States for the East· ern District of Louisiana· . Attachment by the H. B. Claflin Company against H. Kern & Son. An intervention :was filed by A. Shwartz & Sons. Plaintiff obtained a .personal judgment. Defendants and interveners bring error.
Suit was brought by the H. B. Claflin Company against H. Kern & Son, in the circuit court, of the Untted States, to recover $21,728, due the plaintifl' on certain. notes. A writ of attachment issued, under Which the marshal seized the stock' of goods in the store formerly occupied by defendants. Shwartz & Sons were also made as' alleged debtors of Kern & Son. On the 23d of 1892, the day after theseiztire, Shwartz & Sons filed a
petition of intervention, claiming to be OWners of the goods seized, and, on the day following, obtained a release of their property upon executing a forthcoming bond in favor of the marshal in the sum of $35,000. They also made answer to, the garnishment. On the 4th of March, Kern & Son filed au exception to the suit, alleging that they had been granted a respite by the state court, and at the same time moved to dissolve the attachment. On the 5th, H. B. Claflin Co. filed a general denial to the intervention of Shwartz & Sons, coupled with a special allegation that the property seized was the property of Kern & Son, and liable to be attached for their debts. The motion of Kern & Son to dissolve the attachment, upon the issues then presented, was tried by a jury, and the attachment sustained. On December 6, 1892, Shwartz & Sons moved to dissolve the attachment on the ground that the defendant had been adjudged insolvent by the state court, and on the 10th of December supplemented this motion with another, referring to the cession of December 8, 1892. On December 6, Victor Mauberret, alleging himself to be provi· sional syndic, moved to set aside the attachment for the same reason. The court also on the same day gave judgment against Kern & Son for the amount of the debt. On the 8th Kern & Son moved for a new trial, which wa" granted on the 28th. Thereupon, all parties, by a stipulation dated January 10, 1893, waived trial by jury, and submitted the main cause, together with the intervention of Shwartz & Sons, for trial by the coW-t. On the same day H. B. Claflin Co. discontinued the garnishment proceedings against Shwartz & Sons. On March 3, 1893, Kern & Son presented and asked leave to file a motion to dissolve the attachment, setting up their adjudication as insolvents. Leave to file was granted April 21st. The case then stood in this attitude; At issue between the Claflin Company and Kern & Son as to the debt, and upon the motion to dissolve the attachment; at iSS11e between the Claflin Com. pany and Shwartz & Sons on their intervention, and on their motion to. set aside the attachment. Upon these issues the cause was tried before the court, and submitted March 3, 1893. On March 10th following, the counsel for plaintiff, in writing, suggested to the court that since the trial and submission of the cause Emile Kern, a membei' of the firm of H. Kern & Son, and one of the defendants, had departed this life, as appeared by affidavit presented, and on further suggesting to the court that said Emile Kern dieq intestate, that he was unmarried, and that his sale heirs were Henry Kern, his father, and Henry Kern, his mother, and that they, being the heirs of said deceased, should be made parties to the cause, it was ordered "that Henry Kern and Mrs. Henry Kern be made parties hereto; that a duly-certified copy hereof be served upon them, and that whatever judgment be rendered in this cause be rendered for or against said heirs representing said Emile Kern;" and on the same day a copy of the said motion was served upon both Mr. Henry Kern and Mrs. Henry Kern. but neither thereafter appeared in said cause as heirs or representatives of Emile Kern, nor was any default entered against them, nor any issues as to their said heirship and responsi. bility in the case submitted to a jury. The court, upon consideration, April 21, 1893, filed the. following docnment, headed "Opinion of Court, Finding of Fact, and Conclusions of Law": "Circuit Court of the United States, Eastern District of Louisiana.
"E. B. Claflin Co. v. H. Kern & Son (A. Shwartz & Sons, Interveners). No. 12,059. "Billings, Judge. On February 20, 1892, the following contract was entered Into between the defendants and interveners: " 'Agreement. " 'This agreement, entered into this 20th day of Feb.· 1892, between H. Kern & Son, of the first part, and A. Shwartz & Sons, of the second part, witI!esseth: The said H. Kern & Son agree to sell to said A. Shwartz & Sons, who bind themselves to purchase, the entire stock in trade, merchandise, fixtures, and all the appurtenances of the dry-goods store, comer of Canal and Dauphine Sts., with no other exception than one iron safe, one desk, and one stove. This sale is to be made on the following basis, viz.: First. All piece goods
having over ten yards and aU other merchandise:upon which the cost price shall be' marked to be taken at said Clost, less teli. per cent upon the. aggregate amount. Second. All remnants or piece goods measuring less than ten yards shall be taken at the selling price, less fifty' per cent upon the aggregate amount Third. All piece goods' :ineasuring more than ten' yards and other merchandise upon which the cost, price is not marked shall be taken at the selling price, less twenty-five per cent upon the aggregate sum. Fourth. The invoices fet"all goods in transit, purchased by said H. Kern & Son, shall be turned over to the purchasers, who, upon delivery of said goods, shall assume the amount of said invoices, and be responsible therefor. Fifth. All the furniture, tools, and fixtures (save those above mentioned) shall be accepted for the price ,of one thousand dollars. Sixth. In order to expedite the ascertainment of the price of the within sale, the said parties of the first and second parts shall put at once as many clerks as they may deem necessary (satisfactory to both parties) to measure all unmeasured piece goods and count' all other' merchandise; thereupon persons representing both parties shall call off the said merchandise to others likewise representing both parties (in such manner as complete fairness shall exist), who shall enter the merchandise in books numbered alike, ac6py of which to belong to either party. As soon as the entire stock shall have been thus entered, the parties of the first and second part shall proceed, without unnecessary 'loss of time, to the IL!lcertainment of the value of said stock of merchandise on the basis above established, which value shall be thereupon paid in cash by said A. Shwartz & Sons to said H. Kern & Son. Seventh. The book accounts are not included in this sale, but shall remain the property of said H. Kern & Son, and, for the purpose of facilitating the settlements of said firm and the collections, they shall be allowed'the use of space within the building for a reasonable time, free of' rent. Eighth. The said A. Shwartz & Sons shall enter into immediate possession of the said stock of merchandise, and be permitted to dispose of the same as they may deem best, after the said goods shall have been duly entered as stiplllated in parag-raph sixth; nor shall any delay In the ascertainment of the total of the amount of the present sale delay the delivery of said goods to A. Shwartz & Sons. Ninth. The lease to the building shall be transferred to said A. Shwartz & Sons by said H. Kern & Son, who shall obtain the consent of the owner thereto. Tenth. In order to bind the present sale and agreement, the said A. & Sons have presently paid to 'the said H. Kern' & Son, who acknowledge the receipt thereof, the sum of forty thousand dollars. It being well understood that in the event the stock, etc., hereby sold showd be found, under the present agreement, to be worth less than that sum, the said H. Kern & Son shall make good the difference; likewise, showd the'said stock, etc.. be found to exceed the amount herein paid, the said A. Shwartz & Sons shall pay said difference to H. Kern & Son, as soon as ascertained, (Thirty-three words erased, nwl and void.] At the moment of signing it was agreed that in case of disagreement, In the carrying out of the present agreement, between the parties of the first and second parts, the matter in difference shall be submitted to arbitration; Henry Beer to act on the part of H. Kern & Son, and Gus. Lehman, Sr., to act on the part of A. Shwartz & Sons,. these two to appoint an umpire, the parties to abide by the award of the majority of the arbitrators. "'Signed in presence of H. Kern & Son. "'F. J. Dreyfous. Emile Kern. "'G. Lehman. A. Shwartz & Sons.' "The 20th of Februai'y fell on Saturday. At from half past seven to eight a.. m. on Sunday morning, February 21st, the measuring and counting of the merchandise commenced; it was continued during Sunday and into Monday. The 'levy of the attachment by the marshal was made on Monday afternoon between 2:15 and 2:30. As to the time ,when the measuring, counting, and entering in the nine books duplicated. without the extension of the price, were completed: On this issue, on the part of the interveners, 29 witnesses were called. Nineteen testify that they, individually, completed their work. before the time of the levy of the writ, one testifies that he does not remember the time, One testifies that his work was completed on 'Monday evening,
or after the levy, four, who were not engaged in taking the Inventory, and who were not there Sunday or Monday,· but reported Tuesday for work, did not know of their own knowledge the time that the inventory was completed, but didn't see any inventorying going on in their department, one testifies that the inventory was completed before the levy, and the two Messrs. Shwartz's testimony is to the effect that, while the entries were not entirely completed, there being some things left unfinished, the entries were made before the levy. On the part of the plaintiff, 16 clerks testify that they completed the measuring and the counting and entering not till after the time of the levy, one testifies that he completed his work before the levy, one testifies that the clerks were measuring and counting good!! a.fter the levy, and two do not remember the time. The chief deputy marshal testifies that the measuring was going on after the levy was made. Another deputy testifies that they were unrolling goods and taking down goods from the shelves and placing them on the counter. He says he judges they were' measuring. A third deputy, who was not there Monday, but was there Tuesday, does not testify as positively as the others, but saJ" they were taking down goods from the shelves and putting them on the counter, but does not testify that on Tuesday they were counting Of measnring. Capt. Donally, the United States marshal, testifies that Monday evening he was at the store, and heard them quarreling and contending about the quantity or measurement of goods. The senior Mr. Kern, one of the defendants, testified that the measuring and the counting were concluded at 5 or 6 o'clock Monday evening. It is to be observed that twenty-three witnesses testify to the completion of the measuring and counting before the levy of the writ; 24 testify, to the contrary, that the levy was made before the counting or measuring was finished. Of the 23 witnesses, 21 were clerks now in the employ of the interveners, and two were the interveners. Of the 24 witnesses nine were in the employ of the defendants, eight were formerly, but not now, in the employ of the interveners, two are now in the employ of the interveners. four were. the' marshal and his deputies; the remaining one was the senior defendant, Kern. This summary shows that the preponderance of testimony is against the claim of the interveners, and in favor of that of the plaintiff, and I find, as a fact, that the levy of the writ of attachment was made before the measuring, counting, and entering, without extension of the price of the goods, was completed. I find further, as facts, that on Saturday two checks, amounting in the aggregate to $40,000, were delivered by the interveners to the defendants as the estimated price of the whole stock of goods agreed to be sold. That on Sunday morning the defendants delivered the keys of the store to the interveners, who opened the store with them on Monday morning. That on Monday, after the levy of the writ of the plaintiff, neither of the two checks having been presented for payment, and not having been paid, an agreement was entered Into between the interveners and the defendants that the whole of the purchase price of the goods sold, except the twenty-five hundred belonging to G. Lehman, should be deposited with and held by F. J. Dreyfous in trust, to protect A. Shwartz & Sons from loss in case their title to the stock of goods should not be maintained. That it appears from the evidence that from this amount so deposited with Dreyfous, payments were made on the drafts of the defendants, so that the amount was reduced to $27,415.56, down to May 2, 1892, and that subsequently this last amount was turned over to W. S. Benedict, Esq., who received the same, and holds and has paid a portion of the same, as appears from his statement: .. 'The H. B. Claflin Co. v. H. Kern and Son et al. No. 12,059. U. S. Circuit Court. .. 'Statement of W. S. Benedict. .. 'There was no written contract respecting the trust established by H. Kern & Son, in view of the attachment, to protect A. Shwartz & Sons. The check for $37,500, which has been offered in evidence, was held by F. J. Dreyfoue; as trustee under this trust, and from its proceeds various payments were made by H. Kern & Son down to May 2, 1892. Mr. Dreyfous, having retired from the trust, the balance of $27,415.50 was turned over to me as
tnoneyofH.Kern & Son, to beheld In mIst for the same purpose;"vfz. to protec1;IA.: Shwartz & Sons from danger of double liablllty in the premises. . "ByconseJ;lt of H. Kern & Son, the following sums ' ' wereplitd from the said fund of................ $27,415 56 viz;:, (1) Stenographer's fees ; $ 3G8 15 , , (2) J. A. Mercier, rent due by H. Kern & Son , on the Canal street s'tore up to sale of Feb. 20, 1892 ;'!. .· .. 7,083 33 , (3) P.' Roberts & B. Titche, attorneys of H. Kern & Son .·····....···'. '.... ... ..···.· 1,000 00 8,451 48 , Balance. · · · · · · . .·. . . . . . . · . . . . . · . . · . . · · · · ·· ·· $18,964 08 .. 'A balance of $18,500, funds of H. Kern & Son, is held by me under the trust protect A. Shwartz & Sons in the premises. The further balance of $464.08 is also In my hands, less payments for disbursements incidental to the trust." W. S. Benedict.'
"That It alao appears that the defendants, after their Insolvency, gave information as to this amount so held" su,rrendered by Mr. Dreyfous and Mr. Benedict, to the insolvency court, and the terms ,and conditions upon which it was deposited and held. ,The facts as to the defendants' adjudication as insolvents and the proceedings in the insolvent court appear in the findings of the court upon the motions for a new trial filed December 17, 1892, which are adopted and made part of these findings. Upon these facts two questions for the peculiar arrangement as to the disposition of the price of tHese goods, ahd laying that for the time being out of consideration, would ,the sale have been complete? and would ,the title to the goods have passed to the interveners? There had been a delivery symbolical and actual; $4.0,000 had been given, in checks as the estimated price which was to be ascertitiiJ,ed by measuring and counting, and the ,price increased or diminished, ,Jtttd paid 01.' returned, accordingly. I think, laying aside the consideration of the agreement as to price, tI:1e case of Shuff v. Morgan, 9 Mart. (La.) 592, il:l in substance this case. In each case there was a delivery, and nothing remained to be q.one but the ascertainment of quantity. Articles 2458 and 2459 are but re-enactments of articles 6 and 7 under title 6, p. 346. Code 1808. In the case of Shuff v.Morgan, the court that the rule perllt domino was a general but not a universal one; that, with complete title in the vendee, for him to run the risk of the destruction of the property SOld was ()f ·the natlLI'e,but nO,t :>fthe essence, of the contract of sale, and that'the reservation by the statute of the risk in the vendor did not prevent the to the thing agreed to be sold passing to the vendor so as to prevent a creditor of the vendor from making a valid attachment. There, is nothing peculiar in the provision in the contract o,f sale,in this case. It was in substMce the same as ii.1Shuff v. Morgan. The whole eft,ect of paragraph 8, when considered in connection with paragraph 6, is that the stock of goods was 'sold, and the title, was vested in the vendQrs, the interveners. There was to, be a tale of the goods to determine the exact amount of ,the price. The case of Shuff v. Morgan was decided in the year 1824, and has never been overruled or cal.led in question. So that,so far as concerns the provision as to the tale, the property would have passed. There remains the question as to what the court must say as to the effect Of the arrangement about the price. The facts necessary to be considered are these: A debtor is in failing circumstances; a sale of his whole stock of goods is made. ,The consideration is $40,000. For this, amount, checks are given. Before the checks are pald or presented,a creditor levies an attachment. By a secret agreement the Seller and the purchaser, the whole price ($40,000) is placed in trust in the hands of a third person to indemnify the purchaser against ,loss by service of the attachment. The legal effect of such a quali· fication of an agreement to sell is to subordinate the question of who shall receive the consideration to the question as to the validity of the sale. The trustee holds in trust for the vendor in case the sale shall' be held to be valid; and for the vendee in case it shall be held to be void, and it
saw ARTZ v.
Is a secret trust. In the eyes of the creditors the property has been placed beyond the reach of the creditors by the sale; by this secret trust the consideration for the sale also· is placed beyond their reach. It is a sale if the attachment is defeated, and no sale if it is maintained. To render a sale valid there must be price. That price cannot conditionally belong to the purchaser. Nor can the indications of a payment be held out which are not according to fact, when the necessary effect of such indications must be to baffle the creditors of the vendor. I think such a transaction, before the checks have been paid, ingrafts onto the sale a qualification which becomes a part of the original agreement of sale, and characterizes it precisely as if it had been made along with it, and that courts must declare a transaction with such a feature invalld and ineffectual to defeat the right,; of the attaching creditor to the extent of his attachment. The conclusions of law from the facts abOve found are: (1) That the attachment was disc solved by the insolvency proceedings in which the defendants made, and the proper court accepted, a surrender, of all their property. Section 933, Rev. St., 9 Sta.t. 213, 214, especially the intent and meaning of the statute as shown in the title and as declared in the body of the act. (2) That the plaintiffs have and recover against the defendants $21,728.00, with interest as prayed for in their petition, and their entire costs in the cause and upon the attachment up to the time of the surrender, without any lien or privilege resulting from the attachment. (3) That the intervention of A. Shwartz& Sons be dismissed, and that they pay the costs of the intervention. The court finds as further facts, as follows: That Monday, February 22, 1892, was a legal holiday, and, under the state law, the banks in New Orleans were closed. Also, that the interveners' 'store on the corner of Bourbon and Canal streets was burned on the 17th of February, 1892, and that they were seeking for another store and stock of goods to continue their business and employ their clerks. "[Signed] Edward C. Billings, Judge." Upon this opinion, findings, and conclusions of law, formal judgment was rendered the same day in favor of H. B. Claflin Co., plaintiffs, against H. Kern & Son, and in solido against Henry Kern and against the legal heirs and representatives of Emile Kern, made parties in this cause, in the full and entire sum of $21,722, with interest, etc. This judgment gave no privilege upon the goods attached, but contained the following special clause: "It is further ordered, adjudged, and decreed, for the reasons assigned in the opinion of the court filed this day, that the agreement of February 20, 1892, herein, did not transfer to the interven<lrs, A. Shwartz & Sons, the property attached, so as to affect the rights of plaintiffs as attaching creditors of the defendants herein, and that the said intervention be, and the same is hereby, dismissed at interveners' cost." The November term of the circuit court ended April 22, 1893, the day said judgment was signed. But on the2d day of May, the circuit judge made and filed additional findings of fact. The record shows that these additional findings were made at the request of counsel for H. B. Claflin Co. and against the objections of Shwartz & Sons at the time the writ of error in this case was applied for, and that the filing of them was dUly excepted to by Shwartz & Sons. H. Kern & Son, Hl'llI'Y Kern and Mrs. Henry Kern, and Shwartz & Sons have brought the case here by writs of error. The errors assigned by Shwartz & Sons are as follows: "(1) The court, having found, as a matter of fact and as a conclusion of law, that the attachment issued herein was set aside and dissolved by the insolvency and cession of the defendants in the cause, under the insolvent laws of Louisiana, In the state court, (No. 33,424, civil district court, parish of Orleans,) on the 8th of December, 1892, erred in proceeding to adjudicate on the title of the interveners to the property seized under the said procesS! of attachment. (2) The court, having found the attachment herein was set aside and dissolved December 8, 1892, erred in not directing the delivery of the property attached to the interveners, from whose possession it was taken. (3) The court, having found as a matter of fact and law that the attachment herein was dissolved and set aside December 8, 1892, erred in assuming to on the title of interveners to the property which had been. seized under said attachl1:lent, when there was no longer any Issue remaining in the cause as to
F:EDERAL REPORTER, vol.
such title. (4) The coUrt erred In decreemg that the sale of their stock of merchandise, and the delivery thereof; by the defendants, H. Kern & Son. to thEl Intervenel'9, A. 'Shwartz & Sons,' did nort vest the title thereto in said Interveners; and the court erred in dismissing their intervention. (5) The court erred In decreeing that the agi'eementof February 20, 1892, herein, did not transfer to the Interveners the property attached so as to affect the rights of the plaintiffs as attaching creditors of the defendants herein. (6) On the facts found and conclusions stated by the court, and the motions pending In the record, thEl court erred In not formally decreeing in the judgment that the attaChment was dissolved and set aside December 8, 1892, by the insolVency and cession of the defendants in the cause in the civil district court for the parish of Orleans, No. 33,424. (7) The finqing of facts having been made, and the judgment therein having been rendered on the 21st day of April, 1893, and signed on the 22d day of April, 1893. at and during the November term of the circuit court, which expired on the22d day of April, 1893. the court erred in amending said finding of facts, and in finding additional facts, against the objections of the interveners, after said term had passed, and ol.'derlng the safne to be filed at the April term 'following, to wit, on the 2dday of May, 1893." ' The errors assigned by H. Kern & Son and Henry Kern and Mrs. Henry Kern are as follows: "(I) The oourt erred in rendering any judgment against Mrs. Henrytrern and against, Henry Kern, as: heirs of Emile Kern, or as legal representatives of Emile Kern, inasmUllh as they were; as such heirs, never made parties to these proceedings. (2) The court erred In rendering any judgment against said Mrs. H. Kern, as heir or legal representative of said EmlIeKern, because there were no proceedings conducted contradictorily wlthher In this cause.' ,(8) The court eri"ed In rendering judgment a,gainst said H.Kern and Mrs. H. Kern as ODe of, the heirs 01' legal representatives of Emile Kern, because no evidence whatever was otrered,' nor is there any evidenCE! whatever in the record, to show or establish that said Mrs. Kern Is the MIl' 01' one of heirs of said Emile Kern, or that she is the legal representative of said Emile Kern, or has In any m,anner accepted his succession. (4) The court erred In rendering judgment against said Mrs. Henry Kern, as heir or legal representative of Kern, because plaintiff does not allege that she is the succession representative ot Emile Kern, or that she has. accepted his succession. (5) The court et"red in rendering judgment against said Mrs. H. Kern in solido with II. Kern & Son and H. Kern and Emile K:ern, because, if sued as the heir, 'she could under no circumstltnces be condemned for more than her virile share. (6) '!'he court erred in rendering a judgment against said Mrs. H. Kern as heir or legal representative of Emile Kern, bBcause she could, lmder no circumstances, be responsible for more than a virile share, and there is no evidence to show the number of beirs. (7) The court erred In rendering any judgment against Mrs. H. Kern as heir or legal representative of Emile Kern, because no jury was impaneled to render a verdict, nor did she appear in said cause, nor was there any waiver of any jury. (8) The court erred In renderlngany judgment in the cause, either agaInst the said Mrs; Kern or against the firm of H. Kern & Son,by reason of the fa,llure to make the succession of said Emile Kern, legai representatives of said Emile Kern, parties; and, by reason of the failure of the plaintiff to procure a waiver of a jurY, in consequence the.reof the entire judgment Is a nullity."
W.W. Howe, S. S. Prentiss, W. S. Benedict, John D. Rouse, and William Grant, for Shwartz & Sons. Percy Roberts and Bernard Titche, for Kern & Son. H. L.Lazarus, I. D. Moore, and J. N. Luce, for H. B. Claflin Co. Before pARDEE and McCORMICK, Circuit Judges, and LOCKE, District Judge. PARDEE, Circuit Judge (after stating the facts). Although the record is SO voluminous and, according to the brief and argument$
saw ARTZ
submitted, it is bristling with points of law, novel and otherwise, we find it necessary to consider two questions only. 1. Henry Kern and Mrs. Henry Kern complain of a judgment against them as the legal heirs and r(!presentatives of Emile Kern, condemning them in solido to pay the claim of Claflin & Co. against Henry Kern & Son, when, as the record shows, they have had no day in court, no default entered against them, nor the verdict of any jury holding them liable. It appears they were brought into the case after hearing and submission upon an assertion that they were the sole heirs of Emile Kern, deceased, and by n<Yt:ice only that they were made parties to the cause, and that any judgment rendered in the case should be rendered for or against them as heirs representing Emile Kern. Article 120 of the Code of Practice of Louisiana contains provisions as follows:
"If one against whom there WIUl a cause of action die leaving one heir only, the suit shall be carried on against such heir IUl It would have been agalm,t the deceased. If the suit had alrendy been brought against the deceased and be bad not answered, It sball not be Interrupted, but It shall be continued against tbe heir by· a mere citation or notice served on him to that effect within the delay for original citations according as the distance may be from 'his domicile to the court wbere the action has been brougbt. If, on the contrary, tbe decelUled have two or more heirs the plaintiff may proceed personallJ' against each of them for the share which he inherits, if that share be sufficiently known and ascertained by an Inventory or partition, otherwise they can only be sued eacb for a virile portion, that Is to say for an equal part of the debt dividing it in as many parts as tbere are heirs. If tbe suit had already been commenced against the deceased it shall be continued against bis several heirs by citing each of them separately as if there were only one; but judgment can only be given personally against each for his hereditary share or virile portion, as above provided."
In the case in hand, the last provision quoted applies. Under that provision it was necessary to have cited each of the heirs of Emile Kern to answer the demand against them as heirs and legal representativel'l of Emile Kern, giving them, and each of them, an opportunity to admit or deny heirship, or to make any other defense personal to Emile Kern, deceased, or to themselves, which the case might warrant. This appears perfectly clear, as the law of Louisiana is well settled that the heirs are not liable for the debts of their ancestor unless they shall accept his succession. It is also clear, from the provisions referred to, and other articles of the Louisiana Code of Practice, as well as the Civil Code of Louisiana, that judgment can only be given against heirs when found liable for the debts of their ancestors for their virile portions. See Code Pro La. art. 113; Civ. Code, arts. 1426, 1427. The judgment complained of is erroneous, both because the parties condemned did not have their day in court, and because they were condemned beyond the limits allowed by law, if liable at all. 2. The case shows that after the attachment sued out in this case against Henry Kern & Son, and before final trial and judgment, the said Henry Kern & Son made a voluntary cession of their, property to their creditors under the insolvency laws of Louisiana, that this voluntary cession prior to final trial and judgment was brought to the attention of the court by suitable
684 .
& Sons, interveners, and by Henry Kern & both by Son, defendants, and thus the qnestion is fairly presented on the record as to tb:e proper disposition of the attachment issued in the case: Authority to issue attachments in common-law causes in the circuit courts of the United States is foUnd in section 915 of the ,Revised Statutes, which reads as follows:
property of tlle .defendant, which are now provided by the laws of the state in which such court is held for the, courts thereof; and such circuit or district courts ,may, . t'!me to time, by ,general rules, adQpt such state. laws as may be in force in 'the states where they are held in relation to atachments s;ndother provided, that similar preliminary affidavits or proofs, andsimilarseeurity, as required by!such state laws, shall be tlrst;furnished by the party seeking such or other remedy.". .
be entitled to slmnar remedies, by attachment' or other process,againSt the
"In common
law Causes in the circuit and district courts the plaintiff shall
Were this. section staading alone on the subject, a very strong argument could be made that, in thel'\tate of Lqti,isiana are affected after issuance by matters arising other laiws of state, the c;ircuit conrts would be bound to give the same effect to such matters as would be given them in' the courts 'of the sta«Fin similar cases, and therefore that, an attachment would be stayed or dissolved by a subseunder the. insolvent laws prior to final judgment in the state courts, the same effect would necessarily follow in the circuit courts of the United States. To make the matter clear, however, that such effect is to be given, the act entitled "An act to make which are made nnder process issuing from the courts of the United States conform to the laws regulating such attachments in the courts of the states," approved March 14, 1848 (9 Stat. 214, and now substantially embodied in section 933 ofllie Revised Statntes), was enacted. That statute is as follows: .
i'That whenever, upon process instituted in any of the courts of the United States, property shall hereafter be attached to satisfy such judgment as may be recovered by the plaintiff in such process, and any contingency oewhich, according to the laws of a state, such attachment would be dissolved upon like process pending in, or returnable to, the state' courts, then such attachment or attachments made upon process issuing from, 01' pending in, the. courts of the United states within such state shall be dissolved, the Intent and meaning of this nct being to place such attachments in .the courts of, the sta.tesand the United States upon the same footing: provided, that nothing herein containedsllall interfere with any existing or fUture law giving priority in payments of debts to the United States."
From this it is perfectly clear that attachments sued out of the circuit courts of the United States are placed upon the same footing with regard to all incidents thereto as like cases in the courts of the state. It is well settled ill Louisiana that attachments issued in civil cases give rise to no lien prior to final judgment, and the law of Louisiana is that, when there is a cession to creditors under the insolvency laws of the state, the court accepting the ces· sion shall order all proceedings, as well against the person as against the property of the debtor, to be stayed, and that, after such cession and acceptance, all of the property of the insolvent
debtor mentioned in the schedule shall be fully vested in the creditors (see sections 1790, 1791,. Rev. St. La.); and, further, that all suits which may have been brought anterior to the failure shall be transferred to the court in which the insolvent debtor shall have presented his schedule, and shall be continued against his syndic. See Id. § 1816. The uniform construction of these laws in the courts of the state of Louisiana is to the effect that all attach· ments issued against the property of a debtor who thereafter makes a cession of his property under the insolvent laws are by operation of law perpetually stayed. See 1 Hen. La. Dig. ''Insolvency," pt. 4, pp. 686-688, and cases there cited. The question involved here was presented to the circuit court of the United States for the eastern district of Louisiana in the case of Lafollye v. Carriere, 24 Fed. 346. It was there held-the circuit and district judges concurring-that the effect of the cession and proceedings thereon under the insolvent laws of Louisiana was to stay and practically dissolve all attachments then issued against the surrendering debtor, and against all property surrendered in the state court by the direct operation of the state laws, and in the national courts by the force of section 933, Rev. St. The same . question was presented to the supreme court in the case of Tua v. Carriere, 117 U. S. 201, 6 Sup. Ct. 565, and that conrt said, through Mr. Justice Woods:
"It is not disputed that if the insolvent law of LQuisiana was a valid law, and the surrender made by the surviving partuers of the dissolved firm of A. Carriere & Sons was a valid surrender of the effects of the firm, the attachment of the plaintiff was rightfully dissolved. For, under the law of LoUisiana, the effect of a cession of property by an insolvent person is to dissolve all attachments which have not matured into judgments. Code PI'. art. 724; Hanna v. His Creditors, 12 Mart. (La.) 32; Fisher v. Vose, 3 Rob. (La.) 457; Collins v. Duffy, 7 La. Ann. 39. And, by section 933 ·of the Revised Statutes of the United States, an attachment of property upon process instituted in any court of the United States is dissolved when any contingency occurs by which, according to the law of the state where the court is held, such attachment would be dissolved upon the process instituted in the courts of said state."
The opinions in these well considered and adjudicated cases in the circuit and supreme courts of the United States, which WOllJd ordinarily settle the matter, are attacked with much plausibility by the defendants in error (Tua v. Carriere, as obiter) urging that, as a matter of fact and law, attachments sued out of the courts of Louisiana, and not merged in final judgments, are not dissolved by operation of law, but merely stayed in the courts of the state when the debtor makes a voluntary cession under the insolvent laws of Louisiana, and the proper proceedings are had and the proper orders are made in the couct accepting the cession. This contention was presented to the learned judge of the circuit couct, who disposed of it, in his opinion on the motions for a new trial and for dissolving the attachment (which opinion was made by reference to part of the "Opinion, Findings of FactI and Conclusions of Law" found in the transcript), as follows:
"But it is urged on the part of the plaintifl', there is no provision of the Louisiana law which dissolves the attachment and destroys the lien; that the
obstacle to tbeattachment in the state court is that the suit of the attaching ereditor is stayed" an4 he b,as an attachment, but he Is simply prevented from -enforcing it, thlltthere is no sv.ch obllqtcle in tbe United States courts, reason of their being' est!tblisbed under atlistinct sovereignty, and that here the creditor, baving no sucb impediment, 'can proceed and make his inchoate ,or conditional lien or privilege absolute. The answer to this is the statute. By its declared iD,tent, the creditor with an attachment in the United States court must be puton the same footing with the creditor with an attachment in the courts of the state. In these last the creditor's attachment is perpetually stayed. It follows that somehow in the courts of the United States it must be also rendered inoperative, and, since the creditor here may proceed to judgment in order to prevent the inequality which the object of the statute was to prevent, he must proceed here with. the attachment dissolved. In other words, it. is only by dissolving the attachment In this court that the equality of rights of the creditOrS ean be preserved."
,With these ,views we entirely concur. Defendants in error further contend that neither the interveners, Shwartz & Sons, nor the defendants, Henry Kern & Son, have any interest or righit to suggest or plead the insolvency proceedings, and, that no syndic representing the creditors of Henry Kern & Son (Which syndic, it is said, is the real party in interest) has apin the case. This contention was sustained in the lower courts so far as the defendants, H. Kern & Son, were concerned" but rejected to the interveners, "because the said interveners were parties to the cause, and have an interest in the dissolution sufficient to· make them parties to the litigation of this' qtiestion." It clear that if the rights of the inter· veners are favorably affected ..01' determined by any tact outside of the record, they must have a clear right to plead such fact. As toR.. Kern & SQn,defendants in the court below, the reason given whyJhey shoulq' not be allowed to plead a fact which would defeat an attachmen1;.,;run against them is that, by reason of their insolvency in the state court, they are civilly dead. As the plaintiffs in the court below are demanding a judgment against H. Kern & Son, and this notwithstanding the well-Imown, insolvency proceedings of the state court, we think they are not in a position to mainta,in, n()1' can we agree, that Henry. Kern & Son are civiliter mortuis. Aside from all this, it is to be noticed that the insolvency proceedings ie the 'state court .were called to the attention of the court by the intervention of the provisional syndic, and that, although the said. provisional syndic has since disappeared from the case, he has left of record in the cause, beyond dispute, the fact that, prior .to the finlll trial an<J. judgment in the court below, Henry Kern & Son did make a cession under the insolvency laws of Louisialla which waS accepted in the 'Proper court of the state. The firiJt conclusion,'lof law found by the circuit court is that the attach· was by the i,nsolvency proceedings in which the and the proper court accepted, a surrender of all their property, . It is apparent that the omission to carry this conclusion, into the judgment so as to make it effective was inad· . vertent, and should be in the judgment given in this court. The attachment dissolved, the court has neitber interest
POWEU, 'Ii. UNITED STATES.
nor jurisdiction to inquire into the owliership of· the property attached, and the intervention of Shwartz & Sons naturally falls. The judgment of the circuit court should be reversed, with costs to be adjudged against the H. B. Claflin Compan;y, and the cause remanded, with instructions to dissolve the attachment against H. Kern & Son at their coErts, and as of date December 6, 1892, and to dismiss the intervention of A. Shwartz & Sons at their costs, but without prejudice to any right the defendants, H. Kern & Son, or the syndic of the creditors of H. Kern & Son, insolvents, may have in or to or arising out of the forthcoming bond given by interveners in the case; and to otherwise proceed in the cause as law and justice may seem to require, but not inconsistent with the views expressed in this opinion, and it is so ordered.
POWELL v. UNITED STATES.
(Circuit Court, M. D. Alabama.
No. 89.
February 19, 1894.)
UNITED STATES MARSHALB-DEPUTIES-COMPENSATION-AcTION FOR.
Rev. St. c. 16, on the subject of fees, provides for fees to United States marshals, but not for .fees to deputies. Section 841 provides for a proper allowance to their deputies, which "shall in no case exceed three-fourths of the fees and emoluments received and payable for the services rendered" by such deputies. Section 787 requires the marshal to execute all precepts directed to him; and, in practice, the accounts of the deputy for services rendered go into the account of the marshal as vouchers for money paid out by him in the execution of process, and are so allowed by the courts. Held, that a deputy marshal is not an officer of the United States, and cannot maintain a suit against it for services rendered.
At Law. On demurrer. Petition of John W. Powell to recover of the United States compensation for services rendered by him as a deputy marshal. George H. Patrick, for petitioner. Henry D. Clayton, for the United States. BRUCE, District Judge. The first question raised by the demurrer to the plaintiff's petition is: Can a deputy marshal maintain a suit against the United States for compensation for services rendered as such deputy marshal? The proposition of the counsel of the government upon the demurrer is: That there is no privity between the deputy marshal and the government, and that his relation, or rather his want of relation, to the government is such that, whatever his relation to the marshal and his remedy against him may be, he cannot maintain a suit for services rendered under an appointment as deputy marshal against the government of the United States. The petitioner, in reply to this view, brings to the attention of the court the statutes bearing upon the subject, and insists that these statutes show that the deputy marshal is, in contemplation of the law, an officer of the United States; that his services are rendered for the United States, are accepted by the United


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well i dont know what to do my stepmother has a laptop and my dads email is added on that and its added on the laptop i use aswell and whenever i search something what she searched comes up and im terrified if she sees what I've looked up what if she tells my dad!!! she hasn't said anything to me but she wouldn't im scared and i tried deleting history and i had to still remove all the search history i took his account off but im still frightened if she saw what i was looking up?
Can they see my internet history? Im so scared help?
Have an opinion?
What Guys Said 5
You shouldn't look up porn without incognito mode... When will people learn? It is too late, History. Google. Com probably remembers everything.00|00|0
the search wouldn't come up on the email, but it would on the history.
if you're using chrome control shift n (windows) will give you private history, nothing will be recorded unless it's to your ISP (internet service provider, company basically) but i dont think theyre allowed to give out stuff like that00|00|0
surf with a private browser window if you are scared00|00|0
Do u watch porn00|00|0
were u looking for some porn?00|00|0
no but personal things
What Girls Said 3
If you can talk to one or both of them, mention privacy concerns. If not, delete cookies and clear your browser history after each use, if you're worried (not necessarily a bad idea regardless), and try using a browser that doesn't store history -you can bookmark things to check later, if you need.00|00|0
yeah but if i do that theyll think I've something to hide besides i dont know how to delete cookies
Here's a link with step-by-step instructions to delete your cookies from a large range of OSs and browsers https://www.aboutcookies.org/DEFAULT.ASPX?page=2
You could mention it as a concern for their privacy instead "hey, I saw this stuff in my search history that I KNOW I didn't look for -is there some sort of connection here?" and then, "'cause I'm glad you trust me, but that seems REALLY insecure".
You might also be able to get rid of the problem just by switching browsers to one your dad hasn't used to check his email with on your computer.
Don't worry too much about that. What you were Looking at is your business. Not anybody else's.00|00|0
thanks but still
just delete your history and she won't be able to see it.00|00|0
yeah not that simple i ve to go through all searches plus what if she's already seen it
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Definition Edit
Army Knowledge Online (AKO) provides web-based enterprise information services to the U.S. Army, joint, and Department of Defense customers. Enterprise services are provided to these customers on both classified and unclassified networks, and include portal, e-mail, directory, discovery, and single sign-on functionality. All members of the Active Duty, National Guard, Reserves, Army civilian, and select contractor workforce have an account which grants access to Army web assets, tools and services worldwide. All users can build pages, create file storage areas, and create and participate in discussion on the portal. AKO provides the Army with a single entry point for access to the Internet and the sharing of knowledge and information, making AKO the Army's only enterprise collaboration tool operating throughout the Department of the Army (DA) worldwide.
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Posted by Elliott
I am a consultant/investigator and have worked with Mr. Richshafer for over 5 years on complicated financial fraud cases. In addition, we have spoken together at many legal seminars and other teaching venues. Mr. Richshafer is a master at his trade. He is meticulous, thorough, empathetic, and highly professional. His background as a senior agent with the IRS, CPA, and College Professor blend nicely with his legal skills. In every case that I have been involved with Mr. Richshafer, his clients were served well and the results exceeded expectations. He always communicates with the clients on an ongoing basis and keeps me (his investigator) in the loop throughout the duration of the case. The more complicated the case, the more Mr. Richshafer shines.


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(218) 279-5309
Benjamin Franklin Plumbing -Duluth, MN
23 years in business202 Commonwealth Ave
Duluth, MN 55808
Fax Numbers
- (218) 727-5023
Additional Phone Numbers
- (218) 722-5022
- (218) 626-3316
Additional Email Addresses
- email@example.com
Find a Location
BBB File Opened: 07/24/1995
Business Started: 01/01/1994
Business Started Locally: 01/01/1994
Business Incorporated: 03/09/1998 in MN
Type of EntityCorporation
Business Management
- Mike Kalkbrenner, President
- Cami Kalkbrenner, Secretary/Treasurer
Business Category
- Plumbers
- Boilers - Repair & Cleaning
- Plumbing Drains & Sewer Cleaning
- Water Heaters - Repairing
- Water Heaters - Dealers
- Water Heater - Tankless
- Water Softening & Conditioning Equipment Service & Supplies
- Whirlpool Bath Equipment & Supplies
- Appliances - Installation
- Aviation Consultants
- Boilers - Sales & Service
- Water Heaters - Parts & Supplies
Products & ServicesAccording to the information provided by Benjamin Franklin Plumbing - Duluth MN, this company offers service and repair of plumbing and related systems.
Service AreaDuluth Minnesota, BARNUM, MN, CLOQUET, MN, DULUTH, MN, HERMANTOWN, MN, HOLYOKE, MN, MAHTOWA, MN, MOOSE LAKE, MN, PROCTOR, MN, TWIG, MN, TWO HARBORS, MN, WRENSHALL, MN
Alternate Business Names
- Kalkbrenner Plumbing & Heating Inc
Industry Tips
Methods of Payment
- Cash, Credit Cards-Visa, Master Card, Discover, American Express. Financing.
Refund & Exchange Policy:100% customer Satisfaction Guarantee.
Plumbing and Heating Service and Repair, Toilets, Water Heaters, Tankless water Heaters, Sewer and Drain Cleaning, Sump Pumps, Water Filtration. Boilers and Installation. Frozen Pipes
BBB Reason for Ratings
Licensing information is provided in the BBB Business Profiles to inform the public about industries that may require professional licensing, bonding, or registration. Better Business Bureau encourages you to check with the appropriate agency to be certain any requirements are currently being met.
Advertising Review
BBB promotes truth in advertising by contacting advertisers whose claims conflict with the BBB Code of Advertising. These claims come to our attention from our internal review of advertising, consumer complaints and competitor challenges. BBB asks advertisers to substantiate their claims, change ads to make offers more clear to consumers, and remove misleading or deceptive statements.
Government Actions
BBB reports on known significant government actions involving the business's marketplace conduct.
Out of Business
BBB reports on a company that is out of business for three years from the date the company closes its doors or ceases to do business.
Misuse of Better Business Bureau Name/Logo
BBB reports on unauthorized use of the Better Business Bureau's name and/or logo for as long as the business continues to use it in any advertising, or for one year after the business ceases any repeated unauthorized uses.
BBB reports on a business's bankruptcy as long as the business remains in bankruptcy.
Mail Returned
BBB reports when mail sent to the business was returned by the Postal Service.


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Live Among the Scenic Foothills in Silicon Valley.  940 Foothill Drive is a Desired Arcadia Tri-Level that offers 3 Bedrooms and 2.5 Baths within a Large 8,460 sqft Lot Which Opens up to the Hillside. Meticulous Finishes Include Custom Cabinetry in the Kitchen, Living and Family Rooms, Stainless Steel Appliances, Pull-Out Pantry Shelves, Copper Plumbing, Built-in Wine Refrigerator, Gleaming Hardwood Floors Throughout, Extended Master Bath with a Walk In Closet, Granite Counters and Granite Slab Shower with Dual Shower Heads and Bench, and New Six Panel Doors. Cool Down within the 3 Zone A/C Supported by Pre-Paid Solar Panels and Dual Pane Windows with Hidden Screens. Premium Synthetic Lawn in Back Yard.Your Serene Backyard will be the Envy of all Your Neighbors and Friends with Amazing Views of Both the City and Foothills. A Perfect Place for Entertaining with a Sparkling Private Swimming Pool with New Equipment and Panoramic Views!
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Economic Guru 'Dr. Doom' Advises People Buy Spam Not Gold
The man that predicted the economic and financial collapse two years ago advised people that are concerned about inflation to buy Spam rather than gold.
As you can't turn on a TV these days without seeing an ad for gold or some economist recommending you buy the precious metal, Nouriel Roubini's comment on Friday's "Real Time" deliciously went against the tide of financial advisors across the fruited plain.
"Gold has no intrinsic value," he amazingly told host Bill Maher. "If you're really worried about say inflation rising, I would buy Spam."
Roubini continued, "You know, you can eat Spam, you cannot eat gold" (video follows with transcript and commentary):
BILL MAHER, HOST: What about gold? Every time I turn on the TV, somebody's like talking to me about gold. You've got to get your hand on some gold. Sell your gold. Pull your teeth out. You know -- it seems like an antiquated thing. Gold. I mean, it's something from the Middle Ages.
NOURIEL ROUBINI, ECONOMIST: Yeah, I think it's (?), gold has no intrinsic value, and if you're really worried about say inflation rising, I would buy Spam. You know, you can eat Spam, you cannot eat gold.
[Applause and laughter]
You know, they started producing, no seriously, they, they started producing Spam during the Great Depression. And you can, last for 1,000 years given the chemicals in it. So it's a good store of value. Better than gold. You eat it.
From here, the discussion got even more delicious:
MAHER: So, let me ask you one last question now that I found that you're really an Italian, because they know how to enjoy life. There was a study this week that said, you know, people who have great GDP -- which is, GDP?
ROUBINI: Yeah.
MAHER: What is that?
ROUBINI: Gross domestic product.
MAHER: I was testing you. Does not at all correlate to being happy.
ROUBINI: I think there's some truth to it. For example, the United States will work and work and work. We only have two weeks of vacation, and we're not that happy. You know, Europeans have lower income, but they get around four to six weeks of vacation. Now, of course, they're in trouble. You know, the Greeks had their long, big, fat Greek wedding it lasted ten years, and now they're in big trouble. So, there's a nice trade-off between work and leisure.


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Do you speak Russian?
39.05344, -77.12403)
Cause Areas
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People 55+
Requirements & Commitment
- Background Check
- Must be at least 18
- Orientation or Training


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Z45 Warning! Tons of pics.
Posted 20 September 2009 - 09:55 PM
Posted 21 September 2009 - 03:11 PM
ASE Master - L1
GTR Certified
AEM Factory Trained
Posted 21 September 2009 - 04:27 PM
The big boom! http://videos.street...00ZX_158121.htm
Posted 21 September 2009 - 09:15 PM
Thanks to all others for the comments.
Posted 27 September 2009 - 07:59 PM
Dreaming here...
Posted 27 September 2009 - 09:12 PM
Posted 29 September 2009 - 08:04 PM
Posted 30 September 2009 - 09:40 AM
(615) 796-6234
Authorized NIStune Distributor and Installer
Posted 02 October 2009 - 07:32 AM
Posted 02 October 2009 - 07:15 PM
Drive185mph, I think you meant patience. And it did take some of that. Most of the time I just walk away when I am not thinking right. It is better to think and do with a level head.
Posted 05 October 2009 - 12:12 PM
Posted 06 October 2009 - 08:53 PM
Attached Files
Posted 06 October 2009 - 10:02 PM
6/72 240Z / HLS30 89646 (Yellow)
Posted 08 October 2009 - 07:22 AM
Yeah. I am still building, as if that is anything new to anyone with a Z. Will find me a Procharger someday for a decent price and then attempt to fabricate it into the engine bay also. Then the LSD and I MAY be done with it for a bit.
Thanks for stopping by and checking out the build thread.
Your car looks awsome. I was there at MSA. I pulled up behind you in line in a Tundra pulling my 1972 240Z that had 2 miles on it since a bare metal restoration. You informed me were to park the truck. I checked out your car and thought that the motor looked like a factory install. The way the car should have been available from the factory. Great job. Enjoyed checking your car out. I thought it was the most interesting car there, beautiful, purposful.
Posted 11 October 2009 - 08:23 PM
More to come on this project of course.
Posted 11 October 2009 - 11:35 PM
GTR 240Z Build thread - AWD, RB26, TWINS and some fabrication
Link to original 2009 rb25 build thread
Posted 13 October 2009 - 07:17 PM
Posted 13 October 2009 - 08:03 PM
Posted 26 October 2009 - 12:12 PM
I was about to do a Mustang T5 behind a VH45DE and found your great write-up. I'm sending you a PM asking for the adapter plate print.
Feel free to copy any pics that are posted here or my pictures website. Just to let you know, that T5 has been modified for the Z31. It is still the T5Z but not for the Cobra any longer. That is a custom built input shaft and the upper and tail casings have been changed to the Z31 cases. All the internals have been cryo treated also to help eliminate breakage.
I do not mind you contacting me. I will PM you some info.
I also have the drawing of the trans adapter. Only the 10 holes for the bell to the adapter were hand drilled on a press. The other is CNC.
Let me know if you have any questions. Now that I am at the final blows I will answer any questions you have about it.
Question: why did you modify the T5 input shaft (and tailhousing?) - just to use the Z32 clutch disc and PP? Couldn't you have used the Z32 pressure plate with a Ford clutch disc, so that the splines on the T5 shaft lined up with the disc, and saved some effort? Just curious.
Posted 07 November 2009 - 10:34 PM
One more. Night drive down Highland Valley rd. in San Diego.
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By Linda Emley
Once again it's 10 p.m. Wednesday and I don't have a story picked out for my 9 a.m. Thursday deadline. I think by now everyone has figured out that I don't need to look for stories because they always have a way of finding me and that is exactly what happened tonight.
Last year, a southern gentleman walked into the Ray County Museum and we soon because good friends. He told me stories about the Civil War that I had never heard before. I kept asking myself if I had been sleeping during high school history. I started doing some research and found out my friend had some very valid ideas about how the American Civil War was really different than our standard history books claimed.
One of my first history lessons was about "Order #11." The picture that accompanies this story was painted by George Caleb Bingham, who was a famous Missouri Artist. It was painted after the Civil War in 1869 and is titled "Martial Law." It's also known as "Order #11" and is now in the Cincinnati Art Museum.
General Order #11 was issued four days after Quantrill's Raid on Lawrence. It was designed to remove everyone from four Missouri counties. The counties affected were Jackson, Bates, Cass and Vernon. Buildings and barns were burned to the ground and the only things left standing were charred chimneys. This action created a wasteland buffer between the border of Kansas and Missouri. This area would later be referred to as "The Burnt District."You will find very few antebellum houses in this area today.
The theory was if you wipe out all homes, Quantrill and his men would not have a place to hide out with Southern supporters. They would also lose their contacts for supplies and information about Union troop activities. This same kind of support was found for Quantrill's men in Ray County, so we were lucky that we were not part of Order #11.
The artist Bingham was in the Union Army, but he was appalled by his fellow Union soldiers and the consequences of Order #11. He wrote to Gen. Thomas Ewing saying, "If you execute this order, I shall make you infamous with pen and brush." In 1869 Bingham painted his painting and kept his promise to Gen. Ewing. Like many others, Frank James shared his love of this picture and was quoted as saying, "This is a picture that talks."
Bingham was in Kansas City when Order #11 was issued and described the aftermath as follows: "It is well-known that men were shot down in the very act of obeying the order, and their wagons and effects seized by their murderers. Large trains of wagons, extending over the prairies for miles in length, and moving Kansas-ward, were freighted with every description of household furniture and wearing apparel belonging to the exiled inhabitants. Dense columns of smoke arising in every direction marked the conflagrations of dwellings, many of the evidences of which are yet to be seen in the remains of seared and blackened chimneys, standing as melancholy monuments of a ruthless military despotism which spared neither age, sex, character, nor condition. There was neither aid nor protection afforded to the banished inhabitants by the heartless authority which expelled them from their rightful possessions. They crowded by hundreds upon the banks of the Missouri River, and were indebted to the charity of benevolent steamboat conductors for transportation to places of safety where friendly aid could be extended to them without danger to those who ventured to contribute it."
This story was on my mind tonight because I just received an email giving me the details about an event that I plan on attending this weekend. On Saturday, March 22, The Bates County Historical Society and Museum is hosting an "Order #11" marker dedication ceremony in Butler. The bronze plaque is going to be installed at the Bates County Courthouse. Peggy Buhn, the museum director, has invited me and Capt. Anderson to attend so I will be loading up my "flat man" and heading south for the day. The program starts at 10 a.m. at the museum and will move to the courthouse at 2 p.m. for the dedication.
The weather forecast is looking good for Saturday, so I would love to see some local history buffs in Butler. Order #11 did affect Ray County and other counties in our area because some of the destruction spilled over into surrounding counties.
We might even find some people relocated to our area after they were removed from their homes.
Gen. Ewing wrote Order #11 in Kansas City at the Pacific House Hotel. This building is still standing and is now used as condos. There is a bronze plague at the location that tells the story of Order #11.
The Following is a Copy of "General Order № 11,
Headquarters District of the Border, Kansas City,
August 25, 1863.
"1. All persons living in Jackson, Cass, and Bates counties, Missouri, and in that part of Vernon included in this district, except those living within one mile of the limits of Independence, Hickman's Mills, Pleasant Hill and Harrisonville, and except those in that part of Kaw Township, Jackson County, north of Brush Creek and west of Big Blue, are hereby ordered to remove from their present places of residence within fifteen days from the date hereof.
"Those who within that time establish their loyalty to the satisfaction of the commanding officer of the military station near their present place of residence will receive from him a certificate stating the fact of their loyalty, and the names of the witnesses by whom it can be shown. All who receive such certificates will be permitted to remove to any military station in this district, or to any part of the state of Kansas, except the counties of the eastern border of the state. All others shall remove out of the district. Officers commanding companies and detachments serving in the counties named will see that this paragraph is promptly obeyed.
"2. All grain and hay in the field or under shelter, in the district from which inhabitants are required to remove, within reach of military stations after the 9th day of September next, will be taken to such stations and turned over to the proper officers there and report of the amount so turned over made to district headquarters, specifying the names of all loyal owners and amount of such product taken from them. All grain and hay found in such district after the 9th day of September next, not convenient to such stations, will be destroyed.
"3. The provisions of General Order No. 10 from these headquarters will be at once vigorously executed by officers commanding in the parts of the district and at the station not subject to the operations of paragraph 1 of this order, and especially the towns of Independence, Westport and Kansas City.
"4. Paragraph 3, General Order No. 10 is revoked as to all who have borne arms against the Government in the district since the 20th day of August, 1863.
– By order of Brigadier General Ewing and H. Hannahs, Adjt.-Gen'l."
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