Great, great, great grandparents

(5.1.1.5.4.7) LAURA FERRIS born December 4, 1811 Norway NY and died February 25, 1831; before the move to Illinois; buried Gravesville Cemetery, Russia, Herkimer, NY; unmarried

(5.1.1.5.4.8) HARRIET NEWELL (NEVIL) FERRIS born June 23, 1816 Norway NY on her father's farm and died December 12, 1851, two months after the birth of her last child; buried with her husband at Hope Cemetery; married March 10, 1836 James Bunce (Photo) , a young physician born May 25, 1805 Newton, Lower Falls, MA and died December 3, 1862 Galesburg. James was the son of James Bunce, owner of a paper mill in Newton Lower Falls MA; a lineal descendant of William Hagar, one of the first freemen to take the oath in America. In early life, James was compelled to earn his own living in various capacities, as opportunities offered, his father having died, leaving a large family. Young James finally, however, found himself well enough advanced to matriculate at Jefferson Medical College of Philadelphia, from which he received his medical degree. With him and their infant son James migrated to Knox County with her father in June 1837. Dr. Bunce was the first physician in the pioneer settlement at Log City and the only one for several years in Galesburg, where he was held in the highest esteem both for his professional ability and for his high character and personal qualities. He was present at the death of Silvanus Ferris. Early in 1841, when Galesburg was organized as a town or village, Dr. Bunce was in the first election ever held in the town and made a member of the village board and on April 22 of that year, he was appointed a member of the committee to prepare a set of by-laws, which the committee did and reported back to the board for adoption. In 1844, Dr. Bunce was elected as a member of the Board of Trust of Knox College and served in that capacity until his death in 1862. In 1849, the village board created a board of health, of which Dr. Bunce was a member, together with Dr. Babcock and Dr. White. An epidemic of cholera was sweeping through the land, and the appointment of this board meant that every precaution should be taken to prevent its spread into the town. In 1853, Dr. Bunce was re-elected a member of the village board and was made its president, as was he again, he 1854. As editor of the News-Letter, he acquired considerable reputation in journalism, while as a citizen he took an active part in the building of the CB&Q railroad line. He was for many years Attending Surgeon of that road, and a member of the Board of Directors. He was Medical Examiner for the Mutual Life Insurance Company of New York, and also served for some years as County Physician. Harriet was prominent in all the social and religious activities of the town and college. After Harriet's death, James remarried, in October 1854, Mary Ann Davis of LeRoy NY and born to them was a son. Born to Harriet and James were:

(5.1.1.5.4.8.1) JAMES FERRIS BUNCE born January 3, 1837 Norway NY and died May 12, 1849 Galesburg IL

(5.1.1.5.4.8.2) FRANCES MARIA BUNCE born March 31, 1839 Galesburg and died August 3, 1867; attended Knox College 1851-55 and was on the Faculty, 1859-59

(5.1.1.5.4.8.3) CAROLINE ELIZABETH BUNCE born September 27, 1841 Galesburg and died February 1, 1876; attended Knox College 1853-56, 1863, 1870-71

(5.1.1.5.4.8.4) SARAH OLMSTEAD BUNCE born May 17, 1844 Galesburg and died November 2, 1911; attended Knox College 1857-63 graduating with the Class of 1863; married November 13, 1867 Dr. Maximilian Gustaf Raefle born at Salem in the province of Baden, Germany. He came to this country, studied medicine at the Humboldt College, St. Louis MO. He was commissioned Surgeon in the US Navy, and served under Admirals Farragut and Porter. He was a member of the La Fayette Post, Grand Army of the Republic. They removed to New York City. Born to them were:

(5.1.1.5.4.8.4.1) MAXIMILIAN BUNCE RAEFLE born January 13, 1870 and died July 17, 1870

(5.1.1.5.4.8.4.2) VERONA BEATRICE RAEFLE born October 18, 1878

(5.1.1.5.4.8.5) GEORGE HARVEY BUNCE born January 14, 1847 and died February 26, 1848

(5.1.1.5.4.8.6) HARRIET NEWELL BUNCE born October 26, 1851 Galesburg; attended Knox College, 1870-71

[In the 1837-1963 Knox Directory, a Charles Bunce is listed as a son of Dr. James and Harriet (Ferris) Bunce. The information from the Directory is listed here for further reference: He born at Westford, MA, October 13, 1835. {this info does not track with the above} He attended Knox College 1851-57 graduating with the Class of 1857 receiving his B.A.; M.A. 1860; M.D. Rush, 1861. He married, in 1871, Amanda Olsen who died in 1905. Born to them were: Caroline E., 1872; Charles O., (1874-1876); William O., (1877-1899); Grace, 1883. Charles was a physician and a surgeon. He served on the staffs of Generals Willich and Post during the Civil War.]

GREAT-GREAT GRANDPARENTS

(5.1.1.5.4.9) GEORGE WASHINGTON GALE FERRIS, Sr. born May 14, 1818 Norway, Herkimer, NY on his father's farm, the youngest son of Silvanus, and died April 20, 1895 Riverside CA; G.W.G was named for the Rev. G. W. Gale, the Presbyterian clergyman with whom Silvanus formed a lifelong friendship that led to the founding of Knox College. He spent his first ten years in Norway and his next six in Russia. G.W.G went out to the new country in the fall of 1836, and there he remained awaiting the final arrival of his parents and family members that came in the summer of 1837. He married, September 3, 1840 in Knox Co, Martha Edgerton Hyde born October 24, 1820/21 Plattsburg NY and died March 23, 1897 [dau of Jabez Perkins and Martha (Edgerton) Hyde] [adopted dau of Henry Willcox]; she had come to Galesburg in the fall of 1836 with a party of Vermonters who had heard of Dr. Gale's plan for founding a college and were attracted to it by the opportunity of exchanging their lot among the Green Mountains to the broad fertile prairies of Illinois. After their marriage, they immediately began farming on the land given by his father, owning at one time, some 1,200 acres, so he added greatly to the original gift of 640 acres from his father, on which he ran a dairy with 115 cows. In the 1850 census, Martha is credited with $10,000 of real estate. In the 1860 census, he is listed as a farmer with $40,000 in real estate and $4,863 in personal property. But in 1864, he became a victim of the 'western fever', which seemed to run in the Ferris blood, and he set out by wagon for Carson City NV, [this move is discussed in Letter #3 to Frederick]{“In 1864 I went to Nevada and settled in Carson City, having sold my farm. I lost $10,000 to $12,000.00 by the change. The money that I realized from the sale of my property here (in Galesburg) was in greenbacks, but in Carson City gold was used and as that was at a market premium, I lost heavily in exchanging the greenbacks for gold”. Galesburg IL Newspaper, 1887} He made the trip with his wife and eight of his ten children, being nearly five months on the way. Here he lived until 1880, when he moved onto California, settling in Riverside, as one of the early settlers and founders. The trip to Nevada was made when G.W.G. Jr., was five years old and daughter Mary was three years old. Carson City was only six years old when G.W.G. and his family arrived. The city had been settled in 1858 as trading post and named in honor of Kit Carson, the American frontiersman. When Nevada was made a state in 1864, Carson City was named the capitol and it was G. W .G. Ferris who planted the trees around the state capitol grounds; they were still standing in 1946 and may still be there. [1996 visit - there are old trees on the capitol grounds – see photos.] During their first six years in Nevada, the Ferris family lived in a fertile valley a few miles south of Carson City. Their ranch was not far from where Billie Cradlebaugh had built a bridge across the Carson River, and near the present town of Minden. The family later moved to Carson City, where they built a home, in 1869, at 311 South Division Street. It was known as the Ardery House, named after Alexander M. Ardery, G.W.G.'s son-in-law. It was restored in 1978 and placed on the National Register of Historical Places in February 1979. It is now called the Ferris Mansion. [Jim - it was a very special experience to be able to go into this house and walk where G.W.G. had walked; 1996] [The home has been renamed the “Sears-Ferris House”, since it has been determined that the home was actually built by Gregory Sears; July 27, 2000.] “A prominent feature of the agriculture of 1871-72 was the attempt, or the beginning of planting and raising shade, ornamental and forest trees. The most prominent man in connection with this was G.W.G. Ferris, who imported a great number of eastern forest trees, such as hickory, black walnut, butter-nut, chestnut, hard and soft maple and many other varieties”. In Ormsby County were 125 walnut trees, 125 elms, 300 box-elders, 1,000 white maples, presumably the property of G.W.G. Ferris, who had manifested a commendable enterprise in the planting. In the 1875 Carson City directory, he is listed as 'farmer and horticulturist'. From the Las Vegas Review-Journal, September 20, 1999: When George Washington Gale Ferris secured the contract to plant trees around the state capitol in the 1870s, he mainly chose elms, trees that he knew. Seedlings from Illinois were sent by train to Carson City. Ferris did the landscaping for all of Carson City. The trees he planted give the Capitol its distinction.” G.W.G. made four trips across the country after settling in California, by railroad; subsequent to 1869, when the transcontinental railroad was completed. He visited his old home in Illinois twice, one in 1887, on which occasion he was in the disastrous wreck of a Niagara Falls excursion train at Chatsworth IL which occurred on August 10 of that year, when 85 persons were killed and 215 were injured; he escaped without serious injuries and assisted numerous of the victims through the car windows. His last trip east was in 1893, when, at the World's Fair in Chicago, he shared with paternal pride the great engineering triumph of his son and namesake, the inventor of the Ferris Wheel. On the occasion of this visit to Illinois, he attended, with his wife, at Galesburg on September 5, a great picnic reunion of the Ferris family at Lake George, east of the city, attended by some 60 members of the clan. (Jim   I am not sure of the birth order of G.W.G.'s sons, so I am putting them in the following order until research proves otherwise.) In the 1889 Riverside City and County Directory, GWG is listed as a horticulturist at the corner of Magnolia and Madison, Riverside. His obituary from the Galesburg Republican Register, April 22, 1895 reads as follows: Ferris, G. W. - a telegram received yesterday afternoon told of the death of the father of Fred Ferris. G. W. was 77 years old and died at his home in Riverside California Saturday night. The deceased was the son of Mr. and Mrs. Sylvanus Ferris and came to his country with his parents at an early age. He assisted the Rev. George Gale in founding Galesburg. He remained here until 1864 when he disposed of his farm he owned west of the city and in company with a number of others he started by wagon across the plains for Carson City, Nevada where he remained for sometime finally going to southern California. He was a Christian in every since of the word and since coming to Galesburg helped to establish the Brick Congregational Church. He married Martha Hyde in Galesburg, she survived him. Also surviving were children: Fred of Galesburg, Benjamin of Riverside, George W. G. of Wheel fame, in Pittsburg, Pennsylvania, Mrs. Maggie Danburg of Carson City, Nevada, Mrs. Callie Barber of Riverside, Mrs. Mattie Shultz and Mrs. Mary Ardway of Carson City. Born to George and Martha were: (48 grandkids)
GREAT GRANDPARENTS

(5.1.1.5.4.9.1) FREDERICK HYDE FERRIS born May 13, 1843 Galesburg, Knox, IL and died September 17,1925 at the Galesburg Cottage Hospital; (residence at death as per death certificate was 145 E. Main St, Galesburg; death certificate lists him as Fred H. Ferris) (cause of death senility and arterio-sclerosis) buried at Hope Cemetery; attended Knox College 1859-61; married September 26,1865 in Knox Co IL, Elizabeth Adelaide Sherman [dau of Samuel & Azuhab (Green) Sherman] born 1843 NY and died in 1888(?85/95?) (April 9, 1881). Elizabeth, her parents, and siblings are all found in the 1850 census as being in Knox County, so her family must have moved to Knox County 1843-50. The old letters we have are this gentleman's (see other papers regards his Civil War service and pension papers.) In the 1892-93 Galesburg City Directory, F. H. Ferris is listed as a traveling salesman and residing at 517 N. Academy. He is listed in the 1880 census as a salesman. Obit: “Fred H. Ferris, 145 East Main Street, a native of Galesburg, died at Galesburg Cottage Hospital Thursday evening, September 17, 1925 after a long illness of three years. Born in Galesburg May 15, 1843 where he resided all his life. Enlisted for service in the civil war and served 1 ½ years 33d Illinois Infantry. Towards the end of the war he was a Lieutenant stationed with colored Regiment. Married September 26, 1865 Elizabeth Sherman. Mrs. Ferris died 1896. Of a family of 13 children, 8 survive him, George Ferris, Roseville, Calif; Mrs. Margaret Bakewell, Los Angeles, Calif; L. C. Ferris, Galesburg; E. R. Ferris, Fairview; Grant Ferris, J. C. Ferris of Chicago; Mrs. Mayme Schultz, Carson City, Nev.; Mrs. Margaret Dangberg, Berkley, Calif; Mrs. Callie Barber, Long Beach, Calif; Mr. Ferris of Riverside, Calif; 50 grandchildren, 10 great grandchildren. Internment in family lot in Hope Cemetery.” (Civil War info is not totally correct.) Born to Fred and Elizabeth were (presumably all born in Knox County IL):

(5.1.1.5.4.9.1.1) GEORGE FREDERICK FERRIS born May 23, 1866 Illinois, presumably Knox Co, and died March 15, 1948 Placer Co CA; married June 18, 1889 in Knox Co IL, Carrie L. Allbaugh (Albaugh) (Albragh) (she is listed as 41y in 1910) who died 1932 (there is a Carrie L Ferris born August 5, 1875 and died Los Angeles Co CA, May 11, 1962 – not sure this is correct one.] (Caroline Nevada Albaugh born May 2, 1868); in the 1892-93 Galesburg City Directory, George F. Ferris is listed as a brakeman and residing at 413 Lombard; this family is listed in the 1910 Clark Co NV (Las Vegas) census, in which he is listed as a railroad conductor; and born to them were:

(5.1.1.5.4.9.1.1.1) GRACE ELEANOR FERRIS (Grace Elnora) born (March 10, 1889) March 10, 1890 IL and died February 23, 1955 Placer Co CA; she was living with her parents in Las Vegas in 1910; married 1^st, January 12, 1911 Frank Malone - divorced - born to them was:

(5.1.1.5.4.9.1.1.1.1) JOHN FERRIS MALONE (Jack?) born August 12, 1912

Grace married 2d Eugene Vaughn and born to them were (It appears, the order of marriages may be reversed here – if that is true, then Grace would have had 3 kids before she married for the 2d time, at age 20y (if the dates are correct), so obviously confusion abounds with this twig) (as pointed out by John Price, the same given names and last surnames is too much of a coincidence – believe this info on the following Frank, Martha, and Frederic is incorrect, but will leave until further clarification):

(5.1.1.5.4.9.1.1.1.2) FRANK ALLBAUGH VAUGHN married Alcesta Marion Goodrich

(5.1.1.5.4.9.1.1.1.3) MARTHA CATLIN VAUGHN married Ralph H. Gilliland

(5.1.1.5.4.9.1.1.1.4) FREDERIC HYDE VAUGHN married December 13, 1930 Gertrude Bailey (possible error in that another Gertrude Bailey was married in 1930 to his Uncle Frederick below) and born to them was:

(5.1.1.5.4.9.1.1.1.4.1) GEORGE FREDERIC VOUGH born February 15, 1932

(5.1.1.5.4.9.1.1.2) FRANK ALLBAUGH FERRIS born (October 2, 1890) October 2, 1891 IL and died November 27, 1975 Los Angeles Co CA; living with his parents in Las Vegas 1910 as a caller on the railroad; married (Elsie) Alcosta Marion Goodrich

(5.1.1.5.4.9.1.1.3) MARTHA CATLIN FERRIS born May 3/4, 1898 IL; living with her parents in Las Vegas 1910; married 1^st Ralph Gilliland and they had a son; married 2d Glen Warren

(5.1.1.5.4.9.1.1.4) FREDERICK HYDE FERRIS born February 20, 1910 NV; married 1930 Gertrude Bailey; the wills of Fred H & Gertrude F Ferris were filed in Las Vegas March 30, 1995, presume same folks; and born to them were:

(5.1.1.5.4.9.1.1.4.1) GEORGE FREDERICK FERRIS (Photo)

Obituary: Funeral services for George Frederick Ferris, 73, who died Thursday, November 24, 2005, will be at 1:30 p.m. Sunday, December 4, at Palm Mortuary, 7400 W. Cheyenne Ave. Interment folloing at Palm Memorial Park, 6701 N. Jones Blvd. The Rev. Dr. Thomas Lobaugh, pastor of the Summerlin Presbyterian Church will conduct the services. George was a U.S. Navy veteran of the Korean War. He was born February 15, 1932, in Fallon, and retired chief of electrical services for the City of Las Vegas after 34 years. George was a 73 year resident of Las Vegas and was an elder in the First Presbyterian Church. He graduated from Las Vegas High School and attended the University of Southern California. From a pioneer Nevada family George’s great-great uncle George W. G. Ferris invented the Ferris wheel, his great-great grandfather built the Ferris mansion, now a historical site in Carson City, and in 1907, his grandfather, Claude Bailey was one of the first Union Pacific Engineers in Las Vegas. George is survived by his wife of 53 years, Pauline; son, Dr. Jeffrey Ferris of Lake Tahoe; daughter, Cynthia Diana Ferris-Bennett of Henderson; grandchildren, Connor Ferris, Kendal Ferris and Joey Byne; step grandchildren, Nathan Bennett, Carey Fizet and Kathryn Bennett, all of California; and three great-grandchildren.

(5.1.1.5.4.9.1.1.4.1.1) JEFFREY FERRIS, M.D

(5.1.1.5.4.9.1.1.4.1.2) CYNTHIA DIANA FERRIS

(5.1.1.5.4.9.1.1.4.2) RICHARD FRANKLIN FERRIS

(5.1.1.5.4.9.1.2) MARGARET BLANCHE FERRIS born October 13,1867/8; married July 4, 1889 at Riverside CA, Thomas Bakewell [son of Thomas & Josephine Alden (Maitland)] born February 28, 1862 PA and died August 7, 1949 Riverside Co CA; she was living in Los Angeles CA when Fred, her father, died. Born to them were:

(5.1.1.5.4.9.1.2.1) ALDEN STEVENSON BAKEWELL born June 4 (26), 1890 and died November 21, 1890

(5.1.1.5.4.9.1.2.2) HARDING FERRIS BAKEWELL (Photo) born August 4, 1891 CA and died February 16, 1968 San Diego Co CA; married April 25, 1926 Louise Harrison {there was a Louise Hanson Bakewell born April 6, 1901 Iowa and died March 17, 1979 Monterey Co CA – not sure this is the same person.}. Born to them were:

(5.1.1.5.4.9.1.2.2.1) KATHERINE BLAIR BAKEWELL born March 25, 1928

(5.1.1.5.4.9.1.2.2.2) LOUISE ALDEN BAKEWELL born November 27, 1930

Bakewell v. Bakewell (1942) 21 C2d 224

[L. A. 18422

Cal Sup Ct

Nov., 9, 1942]

G. G. BAKEWELL, Respondent, v. HARDING F. BAKEWELL, Appellant.

COUNSEL

C. E. Spencer, E. R. Young and E. L. Searle for Respondent.

George R. Larwill, Frank S. Balthis, Jr., Michael F. Shannon and Thomas A. Wood for Appellant.

OPINION

SHENK, J.

This is a petition by the defendant for the writ of supersedeas to stay the effect of a judgment pending his appeal. The judgment is entitled "JUDGMENT (Interlocutory)." If it is, in truth, an interlocutory judgment, an appeal therefrom does not lie and the petitioner is not entitled to the writ.

In May, 1942, after a partial hearing, the court made findings of fact and conclusions of law, and rendered a judgment {Page 21 Cal.2d 225} which, as stated, was called an interlocutory judgment. The conclusions of law and judgment include intermingled statements of fact and conclusions of law, but the following clearly appears:

The plaintiff G. G. Bakewell and the defendant Harding F. Bakewell were partners engaged in the manufacture of airplane parts and machine tools under the name of "Bakewell Manufacturing Company."

In July, 1941, the plaintiff commenced an action to dissolve the partnership and wind up the partnership affairs. On August 6, 1941, a receiver was appointed who has since been operating the business.

The trial court determined the existence of the partnership and the plaintiff's right to a dissolution; that during the existence of the partnership the defendant had obtained title to six letters-patent covering a mechanical device known as the Bakewell Precision Tapping Machine, and that the defendant holds the same in trust for plaintiff and himself as copartners; that plaintiff is entitled to the repayment of $10,895.88, as an advancement beyond his agreed contribution, and that certain other charges and credits should be made in each partner's account. The judgment provided that a division be made of the cash, accounts receivable and securities in kind, and that the remainder of the assets and the good will of the business be sold; that the physical assets of the partnership plant were being used exclusively for the manufacture of machines necessary for the defense of the United States in the present world conflict; that the conduct of the business could not be stopped without interfering with the war efforts of the United States, and that the partnership should be wound up as soon as it could be done without interrupting those activities.

The judgment ordered the defendant to deliver to the receiver the original letters-patent and the official receipts for applications within fifteen days after entry of the judgment, and to execute and deliver to the receiver certain assignments in respect to the patents, which the receiver was directed to record. It also ordered other acts to be done and reports to be made by the receiver, and granted certain injunctive relief against wrongful assignment by the defendant or any interference with the receiver's conduct and management of the business. It decreed the plaintiff's right to money due him from the partnership, but left the amount thereof, and {Page 21 Cal.2d 226} the proper distribution of sums derived from the operation of the business and the sale of the assets for ascertainment by the court for incorporation in the final judgment. It was found, however, that in August, 1937, the plaintiff advanced $10,895.88 to and for the benefit of the partnership beyond his agreed contribution and that he is entitled to immediate repayment of that sum. The judgment ordered "that said receiver shall immediately pay said sum to plaintiff from the funds of the partnership in his possession."

The judgment further provided "that final judgment herein shall provide for payment of the sums due plaintiff, and for the payment of all costs, expenses, charges and accounts of said receiver, and payment of all claims against the partnership and said receiver, and for distribution of the sums derived from the operation of said business and the sale of said assets in accordance with the findings and conclusions of law heretofore filed herein, and shall also provide that this court shall retain jurisdiction in this matter to enable it to determine the validity of all claims against the partnership and its assets, receive and settle all accounts of said receiver, fix and determine all fees and charges of said receiver and his attorneys, make all orders necessary in connection with the conduct of said receivership, make from time to time all orders necessary to complete the windup of the partnership between plaintiff and said defendant Harding F. Bakewell, on termination of the receivership to declare the partnership fully terminated and wound-up, and make all orders necessary to carry the judgment into effect."

With conceivable justification the defendant became apprehensive that the judgment was not truly interlocutory as denominated, and filed his notice of appeal on May 20, 1942. On June 9, 1942, the receiver filed a report pursuant to the directions contained in the judgment, and sought instructions from the court upon the taking of the appeal and the refusal of the defendant to comply with the order for delivery of original letters-patent and assignments. The plaintiff moved for orders based on the receiver's report. Before the hearing on the motion the defendant commenced the present proceeding to stay the effect of the judgment pending the appeal. This court issued an order to show cause coupled with a limited temporary stay to the end that the conduct and management of the partnership by the receiver be not interrupted.

An appeal lies only from a final judgment unless an appeal {Page 21 Cal.2d 227} from an interlocutory decree or judgment is expressly authorized by law. (Johnson v. Solomons, 124 Cal.App. 43 [12 P.2d 140]; People's Ditch Co. v. Foothill Irrigation District, 103 Cal.App. 321 [284 P. 514]; see § 963, Code Civ. Proc.) The defendant does not contend that his appeal is based on any provision of law save the provision of said section 963 which allows an appeal from a final judgment.

[1] The general test for determining whether the judgment is final is "that where no issue is left for future consideration except the fact of compliance or noncompliance with the terms of the first decree, that decree is final, but where anything further in the nature of judicial action on the part of the court is essential to a final determination of the rights of the parties, the decree is interlocutory." (Lyon v. Goss, 19 Cal.2d 659 [123 P.2d 11].)

[2] A consideration of the issues and of the terms of the judgment discloses that further judicial action on the part of the trial court must be had before all the rights of the parties can be finally determined. Further audit of the partnership books is required and the receiver is directed to report thereon in order that the court may ascertain the amounts due as between the partners. (Compare Gunder v. Gunder, 208 Cal. 559 [282 P. 794]; Middleton v. Finney, 214 Cal. 523 [6 P.2d 938, 78 A.L.R. 1104].) The court did not finally determine the relative rights of the partners in the partnership assets. Those rights have yet to be ascertained. The judgment did not assume to establish the proportional rights by the use of percentages. (Compare Zappettini v. Buckles, 167 Cal. 27 [138 P. 696].) Notwithstanding the declared effect of the judgment that the receiver "shall immediately pay" to the plaintiff the sum of $10,895.88 out of the assets of the estate, the subsequent provisions of the judgment make it reasonably clear that the payment is directed to be made upon the entry of the final judgment thereafter to be rendered.

On appeal from the final judgment the rulings and decision of the court on all the issues are reviewable. (Code Civ. Proc., § 956.) Only one final judgment may be entered in an action. (Middleton v. Finney, supra; Doudell v. Shoo, 159 Cal. 448 [114 P. 579].) The fact that the court in the judgment before us assumed improperly to establish certain rights of the parties and to make orders therein effective immediately is not alone sufficient to render it a final judgment. This fact may have served as justification for the {Page 21 Cal.2d 228} present application, but upon a declaration by this court that the judgment is in effect interlocutory it will not be assumed that the trial court will attempt to enforce those provisions of the judgment which are improperly declared to be immediately effective.

Since the petition fails to present a case where no further questions can come before the trial court except such as are necessary to carry the judgment into effect, the petitioner is not at this time entitled to the writ of supersedeas. But since the judgment contains provisions which taken alone were improperly incorporated in an interlocutory judgment and are therefore subject to the objections noted, the denial of the application should be without prejudice.

The cases of Perry v. West Coast Bond & Mortgage Co., 136 Cal.App. 557 [29 P.2d 279]; Sondergard v. Breaum, 83 Cal.App. 352 [256 P. 580], and People's Ditch Co. v. Foothill Irrigation District, supra, relied upon by the defendant, are not controlling. In those cases it appeared that the judgment determined all of the issues.

The order to show cause is discharged and the petition is denied without prejudice.

Gibson, C.J., Curtis, J., Edmonds, J., Carter, J., Traynor, J., and Spence, J. pro tem., concurred.
Jim – this is Harding Ferris Bakewell vs his brother?
(5.1.1.5.4.9.1.2.3) SHERMAN PAGE BAKEWELL born November 13, 1892 CA and died November 18, 1971 Los Angeles Co CA; served on a destroyer in the Irish Sea during WWI; married July 21, 1922 Maude Elsie Forte (Jones)

(5.1.1.5.4.9.1.2.4) GEORGE WASHINGTON GALE BAKEWELL born March 6, 1894; served in WWI; was a Lieutenant and reached the front lines two days before the Armistice; married September 9, 1919 Eleanor Carman and born to them was:

(5.1.1.5.4.9.1.2.4.1)THEODORE ALLEN BAKEWELL born February 10, 1932

(5.1.1.5.4.9.1.2.5) DALE MAITLAND BAKEWELL born August 10, 1895 CA and died February 22, 1984 San Diego Co CA; served in WWI as a Lieutenant, stationed at Mare Island, San Diego; then on the east coast and subsequently, back at San Diego; married September 14, 1929 Edna Stone born April 30, 1897 PA and died September 3, 1984 San Diego Co CA; last residence was Rancho Santa Fe, San Diego

(5.1.1.5.4.9.1.3) LORENTUS CONGER FERRIS ‘Uncle Bess’ born January 14, 1869 Galesburg, Knox, IL and died there April 4, 1958 at the Harvey Nursing Home; (residence at death was 1257 N. Broad St., Galesburg) (cause of death acute coronary occlusion and hypertensive arteriosclerotic heart disease) married July 1, 1891 in Warren County IL, Ida M. Morgan [dau of Peter & Catharine (Harris) Morgan] (1873 1948). Born buried in Linwood Cemetery, Galesburg. The first six years in L.C.s life were passed on the farm where he born, thence, he resided in Galesburg. He attended the public schools until he was old enough to make his own way in the world and engaged in lathing for two years. At the expiration of that time he gave up this trade and for three years thereafter drove a dray, continuing at home until he attained his maturity. In 1925, he was the proprietor of L. C. Ferris Furniture, Piano, and Baggage Transfer at 132 S. Prairie St., Galesburg. (see separate paper on L.C.) From The Galesburg Evening Mail, February 14, 1927: ‘The L.C. Ferris Transfer line was established in Galesburg more than 13 years ago and has done considerable to bring more families to Galesburg through its long distance hauling. The company has offices at 132 South Prairie street and is fully equipped for any kind of hauling, transportation, or moving jobs’. They resided at 198 Cedar Avenue in Galesburg. Ida and her daughters held membership in the Methodist Episcopal church and took a helpful interest in the work of its various organizations. According to Jim F VanGieson, L. C. was called “Best Boy” by his mother and this became “Bess”. Born to L.C. and Ida were:

(5.1.1.5.4.9.1.3.1) ETHEL MORGAN FERRIS (Photos) born August 8, 1892 Galesburg, Knox, IL; attended Knox College 1916-18; married June 29, 1920 Earl Marcellus Van Gieson (1891-1969) who operated a furniture store; 1963 they resided at 1259 N. Broad St., Galesburg; both buried Memorial Park Cemetery, Galesburg IL. Born to them were:

(5.1.1.5.4.9.1.3.1.1) JAMES FERRIS VAN GIESON (Photos) (born Earl Marcellus Van Gieson Jr but name was changed) born June 23, 1921 Galesburg, Knox, IL [named after James C. Ferris (5.1.5.4.9.1.5)]; graduated from Knox College 1943, B.A. [from the 1944 Gale: Beta Theta Pi; Pre-Law Club 1,2,3; Vice-Pres. 2; K Council; R.O.T.C. 1,2,3,4; Spanish Club 1,2,3; Sec. 2; Theater Group, 1,2; Swimming 2,3; Intramurals 1,2,3.]; a partner Ferris Moving and Storage Company and owner of Ferris Furniture, 465 Mulberry Street, Galesburg; 1963 they resided at 3056 Lincoln Park Drive, Galesburg; married 1950 Frances Cere Grothe born August 22, 1928 Washington, D.C – divorced. She graduated from Knox College 1950 with a degree in Music Education – resides Galesburg IL; from the 1951 The Gale: Delta Zeta; Honor Scholar, 2; Panhellenic Council, 2,3,4; secretary-treasurer, 4; Whiting Hall Council, 2,3,4,; treasurer, 3; president, 4; YWCA, 1,2; chaplain, 2; Sigma Alpha Iota, 2,3,4,; treasurer, 4; Choir, 1,2,3,4. James resides at Bainbridge Island WA and graciously provided information and photos – thanks Jim! Born to them were:

(5.1.1.5.4.9.1.3.1.1.1) JULIE ELIZABETH VAN GIESON born April 14, 1953 - resides St. Charles IL

(5.1.1.5.4.9.1.3.1.1.2) PETER GROTHE VAN GIESON born August 4, 1954; married July 6, 1986 Jeanne Shire - resides Springfield IL; and born to them were:

(5.1.1.5.4.9.1.3.1.1.2.1) SHELBY FERRIS VAN GIESON born March 22, 1987

(5.1.1.5.4.9.1.3.1.1.2.2) KELSEY SHIRE VAN GIESON born October 21, 1989

(5.1.1.5.4.9.1.3.1.1.3) JOHN FERRIS VAN GIESON born December 8, 1956 - resides Indianola WA

(5.1.1.5.4.9.1.3.1.1.4) KRISTOPHER JAMES VAN GIESON born June 25, 1960; married September 4, 1987 Kathryn McCarthy - resides Bainbridge Island WA; and born to them were:

(5.1.1.5.4.9.1.3.1.1.4.1) KIRA GREENLEAF MCGIESON (?) born July 26, 1990

(5.1.1.5.4.9.1.3.1.1.4.2) ISAK J. FERRIS MCGIESON (?) born July 8, 1994

(5.1.1.5.4.9.1.3.1.2) ELIZABETH ANN VAN GIESON born January 11, 1923 Galesburg, Knox, IL and died between 1975-80; attended Knox College 1942-43 and Iowa State College; married 1946 John Henry Scharnberg; 1963 they resided at 3049 Jasmine Street, Denver CO. Born to them was:

(5.1.1.5.4.9.1.3.1.2.1) MICHAEL VAN SCHARNBERG born January 14, 1948; married 1968 Enid Christensen - resides Seattle WA. Born to them were:

(5.1.1.5.4.9.1.3.1.2.1.1) EMMY VAN SCHARNBERG born March 18, 1969

(5.1.1.5.4.9.1.3.1.2.1.2) CLAIRE VAN SCHARNBERG born February 10, 1973

(5.1.1.5.4.9.1.3.1.2.1.3) JOHN HENRY VAN SCHARNBERG born June 21, 1976

(5.1.1.5.4.9.1.3.1.2.1.4) ALEXANDER VAN SCHARNBERG born March 25, 1983

(5.1.1.5.4.9.1.3.1.2.1.5) SOPHIA ELIZABETH VAN SCHARNBERG born December 15, 1991

(5.1.1.5.4.9.1.3.2) BESSIE (BESS MARIE) FERRIS (Photo) born April 4, 1894; married May 12, 1914 Ralph Philip Lee

(5.1.1.5.4.9.1.4) OLMSTEAD (UMSTEAD) F. FERRIS born April 12, 1870; 1957 resided Rock Island IL. In the 1892-93 Galesburg City Directory, there is an Olmstead Ferris listed as a lather, Winn Brothers and residing at 141 W. Ferris; married December 14, 1892 in Knox Co IL, Cora Edith Taylor and born to them were:

(5.1.1.5.4.9.1.4.1) LESTER OTIS FERRIS born October 18, 1893; married April 15, 1913 Alice Cozad - divorced 1923. Born to them was:

(5.1.1.5.4.9.1.4.1.1) LESTER OTIS FERRIS, JR., born September 9, 1916

(5.1.1.5.4.9.1.4.2) WILLARD OLMSTEAD FERRIS born August 9, 1897 and died September 2, 1933

(5.1.1.5.4.9.1.4.3) MYNARD FRANKLIN FERRIS born May 11, 1901; married September 25, 1920 Mabel Osborn and born to them were:

(5.1.1.5.4.9.1.4.3.1) MYNARD FRANKLIN FERRIS Jr, (Photo) born July 31, 1922

From the May 30, 2004 Skagit Valley Herald

Regular Guys who did Amazing things

By DICK CLEVER City Editor

Bullets snapped into the sand around him. The small swale was all that was keeping him alive. The Germans were pouring it on from the cliffs above them. Welcome to Omaha Beach, Normandy, D-Day, June 6, 1944. Mynard Ferris, onetime lath and plaster man, was pressed against the swale, a small outcropping carved by wave action at high tide. It was just past sunrise and he could see some of his dead comrades crumpled in the sand nearby. His memories are like short film clips, somewhat disjointed. But he remembers this very well. There was a half-track personnel carrier stopped on the beach. The driver was draped over the side, the top of his head blown off. Looking at the dead man's dangling arm Ferris noticed that he still had a watch on his wrist. "I thought, 'here he is, dead, and time gets going on,'" said Ferris. And get going it did. Fast forward 60 years. Ferris and his wife, Lorraine, are in their Sedro-Woolley home, packing their bags. They are to attend this weekend's dedication ceremonies in Washington, D.C., of the long-awaited World War II memorial. Ferris groans at the idea of a five-hour plane ride, the hassles at the airport, having to take off his shoes at the security check points. "This is the last time I'm doing this," he said, sounding quite resolute. At 82, Ferris is a trim, handsome man still with most of his hair and a moustache snowy white. He is congenial, but must be coaxed to recall some of his wartime experiences. He doesn't consider himself any kind of hero, he says, not like those riflemen on the front line. Ferris sees himself simply as a regular guy. Dropped out of high school in the 10th grade and went to work as a lather with his dad. Got drafted in his hometown of Rock Island, Ill. Went to war. Did what was asked of him. Somehow survived without a scratch (except for the brush with the boils) and came home to work and grow a family. Nothing special. Except that Ferris and millions like him were exceptional because of their ordinariness. Regular people doing the extraordinary, like saving the world. "They were all heroes," said Lorraine, his wife of 58 years, correcting him with a smile. Mynard Ferris' war memorabilia details his journey through World War II. But Ferris sticks to his view with a stubborn modesty. He trained as a rifleman and carried one throughout the war, but never shot anybody with it. He was in an anti-tank unit that never went up against an enemy tank. Despite many close calls, he went through it all without getting shot or blown up. He was lucky that way. "I'm pretty fortunate to be here talking to you," he said. Not that he wasn't constantly in harm's way. Ferris hit the beach on D-Day at Normandy as part of the Big Red One, which is what they called the 1st Infantry Division. Big Red took the brunt of casualties that day, with thousands killed or wounded. It seemed that the naval guns and aerial bombardment had little effect on German defenses along that 3-mile stretch of beach the division was to attack. The Germans, with dozens of machine gun nests, thousands of riflemen and numerous mortars and other artillery, were raining death down on the beach. "I saw some sights there," Ferris said. "I saw guys all around me getting killed." There was a sergeant. Nice guy. He was the most outspoken Christian in camp. He was one of the first who "got it" coming out of the landing vessel. Then there was the half-track driver with the watch. And there was the full-bird colonel who plopped down beside Ferris on the beach behind the life-saving swale. He apparently didn't like the way Ferris was wielding his weapon. "'Hey, soldier,' he said, 'you got that rifle on safety?'" Ferris recalled. Ferris was 22 when Big Red One landed at Normandy. He had trained at Fort Benning, Ga, and in England during the several months' buildup for the invasion. But Normandy was his first combat experience and one of the toughest. He had been transferred to the 1st Infantry Division as a replacement. The division had seen some fierce combat against the Germans in North Africa and had many battle-hardened troops. One of those experienced soldiers saved Ferris' life. They had been moving through the Normandy hedgerows after finally taking control of the cliffs. Their squad leader signaled for a brief rest stop. "I was about to sit down on this mound of grass and the guy next to me pushed me over," Ferris said. "'I said, 'what did you do that for?'" The other soldier peeled back the grass to reveal a box. "It was a shoe-box mine," said Ferris. "When you press on the lid it triggers a little round pin and detonates the box." Another veteran of the African theater showed Ferris the wisdom of digging a shallow trench in the ground when the squad was holed up somewhere. Ferris had one dug "about halfway" when a mortar round landed at the head of his trench, but luckily failed to detonate. It was incentive to dig much faster. His luck continued in that same vein through the war. In a town on the French-German border, some of the troops looked for empty houses where they might lay down and get some sleep. Some of Ferris' comrades found an empty basement in an apartment building and invited him to join them. But Ferris already had found another place across the street where he could get some shut-eye. Sometime in the night a bomb leveled the apartment building and Ferris' buddies were killed by the falling rubble. The troops later learned that the bomb had been dropped by an American plane. The pilot had been returning from a bombing run over Germany and had the one bomb left -- a 2,000-pounder. He dropped it on what he had thought was an enemy target. More dumb luck. Ferris' part in the war had lasted not quite a year. But he was there at the Battle of the Bulge, the largest land battle of the war. The Germans that winter launched a massive counteroffensive through the Ardennes Forest at the borders of Germany, Luxembourg and Belgium. The Allied lines were stretched thin at one point and the Germans tried to break through. But while the Allies' line "bulged," it didn't break and the German war machine never recovered. V-E Day came on May 12, 1945. Ferris came home from the war in Europe in October of 1945 and rarely looked back. Didn't join the American Legion or Veterans of Foreign Wars. Didn't look up old Army buddies.

Like millions of his fellow veterans, he wanted to get started with rebuilding his life. He married Lorraine, the pretty girl whose picture he carried with him through two of his three years in the Army. He joined his dad in the lathing and plastering business in Southern California. Eventually, Ferris had his own company and at one time had as many as 40 employees. But by the mid-1960s, drywall became the cheaper and more preferred interior wall covering. Ferris quit the business and the couple moved to Bellevue, where he went into real estate. A couple more moves brought them to Sedro-Woolley and retirement. They grew a sizable family -- four children, 10 grandchildren and nine (going on 10) great-grandchildren. Some of their loved ones live nearby. Their daughter, who runs a tour business in Chicago, is the one who organized the tour for WWII vets that the Ferrises are joining this weekend. In the dining room of the Ferris home in Sedro-Woolley an old uniform jacket with its staff sergeant stripes hung on a hanger at the back of a chair. A framed display had been brought out of storage. There were pictures of Ferris taken during the war with some buddies. An old Army pay record, some dog tags, his sergeant's stripes and the shoulder patch of the Big Red One -- the 1st Infantry Division. Mynard shrugs at the title "Greatest Generation" that Tom Brokaw conferred on his age group. Not easily impressed, he continues to downplay his role in the war. But then Lorraine held up an old newspaper clipping from his hometown paper in Rock Island. "Local man awarded bronze star." That's the medal for valor. Ferris is searching his memory again. Oh, what was that all about? "Oh, yeah," he thinks he has it. He and another soldier were on patrol when they thought they spotted something down the hill by a tree. They went down to investigate and found two German soldiers, one of them not more than 15 years of age, lying face down trying not to be noticed. "HŠnde hoch!" Ferris remembers saying, using one of the few German phrases he had learned, meaning, "hands up!" The two Germans meekly and gratefully surrendered. But a capture is a capture. "I guess that's what I got the medal for," Ferris said, smiling. "You know the Department of Defense would hand those out and send news releases to your hometown papers." Ferris thinks that maybe his bronze star was among some of the mementos he gave to one of his grandchildren. That would be one of the many grandchildren and great-grandchildren who might not have been were it not for the luck of Mynard Ferris. Born to them were:

(5.1.1.5.4.9.1.4.3.1.1) CHRISTINE FERRIS – youngest daughter

(5.1.1.5.4.9.1.4.3.2) ROBERT E. FERRIS born October 30, 1924

(5.1.1.5.4.9.1.4.3.3) ELEANOR FERRIS born June 29, 1926

(5.1.1.5.4.9.1.4.4) IRENE BLANCHE FERRIS born July 16, 1903; married 1^st April 2, 1921 Edward Hay - divorced 1925. Born to Irene and Edward was:

(5.1.1.5.4.9.1.4.4.1) EUNICE HAY born September 18, 1922