The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1876-11-30
ACTION FOR TRESPASS.

Fl8lut1uS,
Against !
Charles z. Sutton and Dam
lei Rohrer, Defendants.
COMPLAINT.
The plaintiffs above named complain
ing OF the said defendants for q cause
Of action herein allege: =
That at the time hereinafter men,
toned, the plaintiffs were and still are
partners in business under the firm
name and style Of Miller, Humiston L
Co..
That on the 18th day of October, A.
y. 1875, the defendants unlawfully and
forcibly broke and entered the rooms
and office of the plaintiffs in which the
plaintiffs were in possession, situated in
the Methodist Block, OH the corner of
Fourth Avenue aud Tenth Street, in
the village Of Worthington, iii Mobiles
County, in the State Of Minnesota,
known and called the ''National Colony
Office" and that the said defendants
then and there broke and injured the
books, doors, and walls thereof, and
took therefrom. and threw into the
street the furniture, books, papers, ef-
fects and property of the Plaintiffs then
being and kept therein, greatly defac-
ing, in;uring and da Ragitag the same;
and then and there with force and arms
elected the clerk of the plaintiffs from
said office, and ever since have withheld
the possession thereof from these plain-
tits, and other wrongs then and there
did to the damage of the lAaintiffs in
the sum of one Thousand dollars.
Wherefore the plaintiffs demand
Judgment against the defendants for
the sum of one thousand dollars, to-
gether with the costs and dislAlrse-
ments of this action.
CLARK 4 SoULE,
Attorneys for Plaintiffs.
Dated Oct. ii, 1876.
TITLE OF ACTION-ANswER OF
DEFENDANT.
The defendant answering the COM
plant Of the plaintiffs, respectfully
shew to the court, and state:
I. That they admit the copartnership
Of the plaintiffs.
2. That ever since July, 1873, the
Trustees of the First Methodist Epis-
copal Church in Worthh+gton have been
and now are, :seerpOr:kien duly created,
organized, and existing 4<nller AID by
viitHeof the laws of this State.
;. That defendants deny, that p.aill-
titfs we're in possession Of the rooms
and Office, situated in tive Methodist
Block, OH the corner Of Fourth Avenue
and Tenth Street, in the village of
Worthington, i'll said county, ia said
complaint mention Ell, or that they were
entitled to the possession thereof, and
defendants a2leEe, that said rooms and
offices, situated in said block aforesaid,
We're in the possession Of the Trustees
of the First Methodist Episcopal
Church in Werthington aforesaid, and
that said Trustees were tile owners of
said rooms and Office, and Of said Mock
or building in which they were situated,
and were entitled to the possession of
said rooms and Office, and defendants
aNege, that during all the times in said
complaint mentioned, they We're the
agents aud servants Of said Trustees.
by them duly authorized and elnhoW-
cred in and about the charge and con-
troll of said rooms and 4otfice, aud to
exercise full and complete control aud
authority therein
4. That on September /, 1874, and at
various times since then, the plaintiffs
gave the said Trustees of the First
Methodist Episcopal Church in Wo1th-
tngtOn license to enter said rooms and
Office in said coKnpkrint mentioned, and
to remove tl,ercfroln tire goods, effects
aud property Of said plaintiffs. That
under and in pursuance of said Eceslse
OF said plaintiffs, the said Defendants,
the agents at said Trustees aforesaid,
duly lthorHed and empowered by
&heun SO to do, and acting for and OH
behalf Of said Trustees, did enter
peacefully the roons and Office in said
complaint mentioned, and did .pe~ce;.-
lily and without damage or injury
thereto, remove the goods, effects and
property OF said plaintiffs, with tile
consent and assistance Of the servants
and clerk OF SAID plaintiffs, ana which
acts are the salae acts Of which the
said plaintiffs complain.
s. That Ga September d, 1874, the
Trustees of the First Methodist Epis-
cop:h ,Ci,urch i'll .Worthingten, reated
to the said plaintiffs, the rooms and
Office in said complaint mentioned, by
verbal agreement, for :. period e< six
months from said September l, 1874,
and ,sa. longer, and vt the agreed rent
of eight dollars and tAiHy-tlNee ce.ts
per month, to he paid at the end of
each and every month That by the
terms OF said lease. t'ae plaintiffs were
not, to svb-let said rooms and Office or
any part thereof, and by the further
terms of said lease, upon the breach of
any of the conditions Ihereof, thes;me
should cease and terminate. That the
plaintiffs did not pay the rent stipuiat-
ed in said lease, or any part thereof.
That plaintiffs sub-let said rooms ard
Office, contrary to the terms Of said
h;tse. That the period foe which said
rooms and office were rented to said
plaintiffs had long expired, and said
lease had long ceased, and terminated
prior to October II, 1875, and for mere
than one year prior to said October IL,
1876, and that on said October ii, 1876,
and tor more than one year prior there
to, the said plaintiffs nnlawfully and
wrongfully refused and neglected to
vac:.te said rooms and Office and re-
deliver the same to said Trustees, aud
on said October1 II, 1876, and during the
year prior thereto, were unlawfuliy and
wrongfully holding over. That the de-
PENDANTS were duly authorized and Iii
rected by said Trustees to re enter upon