The Redwood gazette. [volume] (Redwood Falls, Minn.) 1873-1940, 1880-01-29
District Court.


of entry"
District Court.
The publication of the business trans
acted at the late January term of the
District Court, Judge Cox presiding, has
been delayed Oh account of the proceed
ings of the Board of County Commission
ers taking up more space in our columns
than usual. The Court was in session
three days. In the case of the State VS..
Matt Offerman, there was a motion made
to quash and set aside the indictment
which was taken under advisement by
the Court The defendant renewed his
bail in $500. County Atty Wallin having
been retained by the defendant previous
to his election, John H. Bowers Esq. was
appointed assistant County Attorney to
act in this case. Wallin, Baldwin, Mil
Ter & Morrill, for deft.
Geo. n. Hill indicted for larceny, not
appearing. the Co. Atty was ordered to
prosecute the bond.
State VS.. Oscar Stevens. Larceny, from
the town of Redwood Falls. The action
was dismissed and the judgment of
guilty of the Court below reversed, on
the ground that the proof before it did
not authorize conviction. The question
as to the organization of the town of
Redwood Falls was not raised in the case
and of course not decided. We make
this statement to correct an erroneous
impression which seems to have originat-
ed in connection with the disposition of
this case. Wallin for State, Baldwin,
Miller & Mor.ll for defendant
Two delinquent tax cases Is. VIM. T.
Davidson and Eliza Meissner were set
tied without costs and dismissed. Wal
lin for Com'rs. Williams s. Davidson for
appearers,
Sherman P. Terrell vs.. Sam. E. Bailey,
appeal Argued and taken under advise
ment. Wallln for appellant, Baldwin,
Miller & Morrill, for respon lent.
D. B. Whitemore VS.. Boar! OF county
Com'rs. The facts in this case are as
follows; In the case of State VS.. Immcl,
Sheriff Whitcmorc made one trip to
Lamberton to serve the warrant and sub
pocna the witnesses, and charged for two
trips or m;leages. The question was
whether he could charge for two trips
or m cages v hen h c
subpoena was Incorporated in the warrant
The Sheriff in the same case, there being
no Jail in the county, employed q guard
night and day for the prisoner, bill for
which was allowed and paid. He after
wards presented bin OF 50. day for
compensation for himself for having
charge of the prisoner during the same
period, which was disallowcd by the
board and for these reasons the Sheriff
appealed. In connection with the dis
cussion of this case the doctrine of CUM
oSERE was presented to the considera-
tion Of the court by J. Wilson Paxton
Esq. who ably argued the case on the
part of the county. The questions were
taken under advisement by the court.
The decision will be looked for with
much interest as it will furnish prcce-
dent for future Sheriffs Baldwin, Mil
Ter & Morrill, for appellant, Wallin &
Paxton for respondent.
w. II. Hawk VS.. board OF Co. Com'rs.
Appeal from disallowance of claim for
costs in making out affidavit to mileage
for witnesses. The clerk charged 25cts
for making out the affidavit and 5cts for
filing the same, which the Commissioners
refused to allow. He appealed from this
decision and the court sustained the ap-
peal. John Fl. Bowers for appellant,
Wallin & Paxton for respondent.
Praxel & Schandera VS.. Daniel Ding
Ter. Case dismissed and costs taxed in
favor of respondent. Thorp for appel
liant. Lind for respondent.
VIM. F. Beckman VS.. NJ. E. Mathews.
Referred to John NJ. Dorman Esq. to re-
port judgemnt. Baldwin, Miller g.
Morrill, for plaintiff.
Petition of r. II. McKittrick and wife
for the adoption of child presented and
prayer granted. J. II. Bowers, Atty for
petitioners.
Meesrs. Alfred Wallin, ]. II. Bowers
and E. L. Morrill, who were appointed a
committee to examine NJ. NJ Madigan
and Geo. w. Libby, who were candidates
for admission to the Bar, made favor
able report and the gentlemen were duly
admitted.
Cases continued.
State VS.. Geo. L. MCGEE.
James Braley VS.. Joseph Steves.
Joseph Steves VS.. D. B. Whitemore.
Martha Steves VS.. do
E. o. Rice VS.. do
Rhoda Cornish VS.. do
Herman Loudon vs.. John II. Bowers.
John Garner vs.. j. G. Duncan.
Thos. Campbell VS.. w. & St. P. r. r. Co.
In the following personal tax cases
judgement was entered by default against
the defendants;
j. Griffin. James Dnncan, Harvey
Moore, E. Alter,na tt, VIM Dixon, G. II
& L. ]. Mccormick, Chas. T. Anderson
Frank Bowman Peter Bobideau, Thos