The miners' express. (Dubuque, Iowa) 1849-1854, 1853-04-13
BUSINESS BEFORE THE DISTRICT
COURT

4
We give below the causes which have. Flu
tar, been called up in the District court at it
present sitting and at the close of the term
shall give such as may hereafter come befor,
| that tribunal
District Court of Dubuque County, IOWA,
( March Tenn, 1859.
CIVIL CASES.
No. / Lyman 81 Shoma, o. Clark g. Lyon
Continued bs consent.
NJ 2-Elen Cookery, ad,n'x, &C., .. e
McGowan. Venue changed 10 jackson CO.
No. 3.--Bennett i Weld, o. Evans 8. Wat
kins.
No and 5.-Dismissed BY plaintiffs.
No 6 Peter klene, o. VIM Ruff. SANDER
No. flames T. Chapman, o. Hiram Weld
Continued BY consent.
I No. S.-Dsnissed by plaintiff
No. 9.-Wlliam Emerson, o. M. Stone and
VIM. G. Stewart. Injunction.
No. l0.-Samuel p. Lewis, o. Stillnan Ell
well aud others. Snit on note. Judgment
for plaintiff against Burge, one of the defen.
dants.
No. ll.-William Ruf, .. Peter Kene. Libel.
No l2.-John McGrevery, .. James Fam
ming and Morgan Curran. Petition to partition
mineral lot. Continued for repor; Of COM.
mssioners.
No. l3 Timothy Davis, John Mcguire
and others. Petition asking instructions as to
distribution under the assignment for L. nj.
RisselI, now decd
No. 14-Catharine Luck, adtn'x. &c. =
DR. franklin No. 9 Suit for DANA yes caused
by the loss Of fiat boat and contents tha, l.. P.
Luck employed the captain 10 tow for him TO
Buena Vista. Trial by jury The evidence
vas conflicting as to the ownership OF the flat
boat, &c and as'to whether the Dr. Franklin
NO z, was or was not racing with the Bonac-
cord The jury found for the plaintiff for
Slo3 3D. Judgment accordingly
No l5,--Wilam Joshua Barney, .. George
L. Nightingale. Suit on note Appeal from
Justice OF the Peace. Trial by jury. Judg-
ment for plaintiff for S43.s4
This note belonged to the Dubuque Lodge Of
Free Masons, and was placed by them in
Mr. Barneys hands for collection, who sued for
It in his own name. This was objected to by
defendant because MIR. Barney was not the par
ty in interest. But the Court held that cs the
requirement of the Codes Cor suits to be bro't in
the name of the party in interest was merely
rule of practice, and not to affect substantial
rights, and as the Dubuqse Lodge was not such
body as could sue in Court Of law the suit was
rightfully brought in the name of Mr. Barney.
1t appeared that Mr. Nightingale had been ex.
pelled by the Lodge, and that he and the men,
ry was concerned
No. l6--Christopher Clark, .. Timothy Pi.
per and others. Replevin for logs.
No 17.-Joseph Craig, a. Steamboat Lamar
tine. Suit for damages to plaintiff and family
caused by negligence of The officers and work
men of the boat at Galena. Jury could not
a gree, and were discharged
The State of Iowa, o. - Roach. In.
dietnent for assault with intent to stab, on Tues
day, the 29th March The defendant plead
guilty. NJ. Samuels made statement 10 the
Court of The particular circumstances of the
case, and of the reparation the deiendaa. had
made to the prosecuting witness for the injury
and prayed The Court to be as leneut with the
prisoner as such circumstances would warrant
The prisoner was remanded till Wednesday
morning.
The State OF Iowa, u. l.. June johnson
Indictment for receiving stolen money, know
ing 1t to be stolen. A great many witnesses
were examined in this case The Jury were
by Wilson and Thom1s on the part of
-he State, an: Stevens and McCrea, the part
1t d. 'eldant. The jury retired but for short
Tune, and brought in verdict Not Guilty
The State OF Iowa, .. Jackson c. Hunt
Indicted for robbery Verdict, guilty.