The Sedalia weekly bazoo. [volume] (Sedalia, Mo.) 187?-1904, 1885-10-06
CIRCUIT COURT.
he Allen Case Decided
Against the City.
A Perpetual Prohibition is Granted
the Plaintiff
Charlie Yeater's Tax Sales Knock
ed Into Pie.
MOSEAY.

judge Strotker mounted the forum IN
the circ uit CT urt Yesterday, feeling much
refreshed by his Sabbath days rest, al d
rroceeSed to business with the usual en-
erpy, order and dispatch f r which he Is
noted. Following is the docket dis
posed of:
CITY of Sedalis VS.. E. A. Sprsgue ct. FL
defendants fe motion 10 set aside lUdg-
ment and quash execution.
Cord Cruise ct. al VS.. r. NJ. Fraker ct al,
and J. L. Mcdowell VS.. Fisher et. al and
John Montgomery, purchaser; case le-
docketed al Cord Cruise, Z. NJ. Fraker,
C. c. CLAY, S. n. Fraker, Richard Ritter,
A. ID. Fisher and Henry d. StriDger file
motion to set sside sale uuder execution.
George c. Heard, interpIea as assignee
GET. Baldwin; c. Landm nm VS.. E. L.
Baldwin: G. c. h. ard, ass gnee, files inter
plea; E. 7. Baldwin enters appearance; Z.
Landmaun files motion 10 strike out inter-
plea. ~,
Rufus s. Barnhill VS.. Rachel Barnhill,
divorce judgment by default and con-
tinued.
Fred w. Muller We. Johanna C. Muller,
divorce; same entry. =.
Mary A. Turner VS.. John A. Turner, d.
yorce cause taken up, heard and decree
granted for divorce TO plaintiff with custody
of child,
Andrew Hebecker VS.. Phillip Warebam.
attach ment, dismissed at plaintiffs cost.
John A. Hughes ct al VS.. j. M. Burriss
ct al, change of venue, death OF defendant
Gustavus Hughes suggested and by con-
sent the cause is revived in the name OF
James Hughes, his heir, by Robert Nc
Funk his curator, who enters appearance.
Same VS. SINE, same entry and plalniln
f!es motion for Judgment.
Same VS.. Easton Weaver e; al, same
entry.
C. Iandmann VS. E. T. Baldwin, attach
ment. G. c. Heard as assignee. files inter-
plea.
james OBrien VS.. Cyrus Goodrich, sp-
peal, plaintiff fl es molten to dismiss ap-
peal. IN
Pettis County Bank VS.. o. A. Crandall.
plaintiff has leave TO file amended answer
forty-five DAYS after term.
Andrews & Co VS.. w. A. McNulty, APP
peal, plaintiff files motion to affirm Judg-
ment of the Justice of The peace.
State ex rel, Henry Lewis VS.. X. w.
Barnett ct al, bord, motion Tor new trial
over ruled, defendant excerpts, motion In
arrest overruled, defendant excerpts, and
tenders bill of exc ptiors which is allow ed
signed and filed affidavit and bond Tor
appeal filed; bond approved and appeal
granted to the supreme curt.
Court adjourned.
TUESDAY.
The most of the time of the circuit court
was taken up yesterday in hearing the evil
dence in the famous Allen meat market
case. which was called at 10 am, and after
f,ur.een witnesses had been examined in
behalf of the osecution, the court adj
iourned over until to day. The case is
entitled 1.-THE state ex rel Richard Allen
VS.. J. w. Snyder, city recorder of the city
of Sedalia, etc., end grows out OF The
recent fines imposed upon Allen
by Recorder Snyder for having
set up and kept a meat market
within six squsres OF the city market house
which tie city ordinance makes misde-
neanor punishable by fine. In the first
case tried Allen was adjudged guilty ard
fined S.. From this decision he took ar
appeal to the circuit court and filed peli-
ton for writ of further prohibition. This
writ was, however, examined in recess by
Judge Strother and returned refused, and
Allen was again arraigned il
the city court, when he demanded
Jury, which being granted
and the case heard. The jury, however
failing to agree, Jour being for conviction
and two for acquittal, as is understood
we're discharged. The case was again tried
next dav before Recorder Snyder, whC
fined Allen s. AID costs. To prevent fu
ture costs Allen then pleaded guilty 10 foul
other counts against him and wss fined S;
on each. These FIVE cases were also ap
pealed, and yesterday the first case wa
called and as i, not only involves ruling
on all others as we'll as prior cases OF ;
similar nature against others, but also thu
validity and force of the market house or
dinance itself, the matter creates no little
interest smong the butchers, officials ant
citizens, and the outcome of the trial TO
day will be watched with eagerness b,
both sides.
The only other business transacted b,
the court wss as follows:
CITY of Sedalia vs. Il. NJ. c. Mason de
fendant files motion 10 set aside judgmen
and qussh execution.
Cord Cruise ct. al r. M. Frsker, ct. 81.
and James L. M,Dowell VS.. A. d. Fishe
ct. al, and John Montgomery, jr., pur
chaser: motion to set aside sale under ex
ecu,ion overruled.
Chas. w. Barstow ct. al. vs.. E. Il. Bald
win, attachment; plaintiff tenders bill G
exceptions which is allowed, signed an
ordered filed.
Court adjourned to a. m. to-day.
WEDNESDAY.
Yesterday was the most interesting da
in the entire term of the circuit court, ow
ing to the consideration of the Allen mes
market case, and the attendance, in spite G
the bad weather, was quite large. Th
case occupied nearly the entire day and n
suited in favor of the plaintiff, Judg
STROLLER rendering his decision about 5 l
m. In his summing up he said in brit
that the city charter clearly gave the cit
the AUTHORITY to create and regulate bot
meat and We eiable markets and to inspe'
the wares contained and sold therein. Ths
the provision was wise and prudent on