Knoxville journal. [volume] (Knoxville, Iowa) 1874-1986, 1877-01-17
District cesrt.

UjoUJe1 C00TI.
| At the late term Judge window
court for this county, some importAn
causes were tried and disposed Of, on
Of these being the City Of Knoxville
W g. w. Palmer, In which the defend
ant was charged with violating thu
Ore limits ordnance. In July last thu
city council amended the original or
dinance on this subject 90 - to permit
the owners Of wooden buildings with
In the prescribed limits to remove
repair. or rebuild" any building upon
any other portion thereof, provided Il
should not occupy more ground or b.
Of any greater height than before. In.
tending to act under this amended
ordinance, Mr.. Palmer consolidated
two OF the old buildings which stood
on the southwest, "eye-tooth,v cor
ner Of the square, into one structure,
making II ia all respects . new one.
For this, he was prosecuted before the
Mayor, found guilty, and ordered to
remove the building. He appealed to
the District Court, and after a full in
vestigation Of the case was acquitted,
the Court holding that the term IRE.
build" in the ordinance gave him the
right to remove and remodel his old
structures, so that the consolidated
building was no larger than before.
Under this view Of the law the jury
very quickly returned . verdict In
favor OF defendant. The city was
represented by Aessrs. Anderson 4
Gamble ~ attorneys, and tho defend
ant by Stone 4 Ayres.
We think the nrs limits ordinance,
- ii now stands, In one respect, q
transparent humbug. Dividing q
block by an imaginary line, In fixing
fire limits, IL . poor protection against
fire. Why not follow the statute, and
define these limits by streets or alleys,
aud thus do . sensible and practical
thing for the common good?
Another case tried was the Inde.
pendent School District OF Mason City
W Jacob Reichard, principal, and
John Reichard, Joseph Johnston and
A. d. Wetherell, suretiss. In April,
1872, Jacob Reichard entered into
contract with plaintiff to erect school
house In Mason City for SCI 900, and
snA fnH s,t
Of his contract in the penal sum of
$40, 900, with the other defendants as
sureties, To this original building
contract the school district board and
Jacob Reichard, made several material
changes as to the terms Of payment,
the building materials and the extern
sion OF time for completion. To these
changes, 1t was claimed, the sursties
did not consent, and were therefore
released. Reichard received about
SIS, 900 from the district, and failed to
complete the building. The plaintiff
claimed damages in the sum Of ST.
900. The contest was against the
sureties, Reicbard being insolvent,
and not now = resident Of the State.
The plaintiff . attorneys were Messrs.
Hartslorn and Miller, OF Mason City,
and ex-senator VIM. q. Patterson, OF
Charles City, with Messrs. Anderson
Il Gamble, OF this place. The snreties
were defended by ex-Gov. Stone and
Hon. M. E. Cults, with whom was as
socisted Mr.. Wilbur, Of Mason City.
The trial occupied several days, and
was nobly and ably contested by the
array Of distinguished counsel. Many
interesting and difficult questions Of
law were raised and ably discussed,
but the plaintiff was compelled to sue
cumb to 4 verdict releasing oil the
sureties, gaining only the barren vie
tory of judgment against the princi-
pal for $1,000, which will probably
not be collected this side Of the next
centennial. II IL understood that
plaintiffs attorneys will try their
chances on appeal to the Supreme
Court.