The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1889-07-06
TUE COURTS.
Circuit Court.

dicted for perjury, the Introductory portion
of the indictment being substantially as fol-
lows Fielding had rented building OF
Fred N. Fades, and when Fades demanded
possession, he refused TO vacate, and Fades,
bringing suit for ejectment before Justice
Myers, procured a judgment giving him
possession. Fielding appealed the case and
in its trial in the Circuit Court swore that
he had sworn before Justice Myers that he
had received an agreement in writing from
W. S. Jackson, attorney, and agent for
Fades, and that il was in his office or at the
office of Chubbuck, his attorney. He did
not so swear before Myers, so the witnesses
before the grand jury testified, and it was
upon this that the indictment was based.
But the indictment was faulty, inasmuch as
when it came to the allegations Of evidence
the states attorney had neglected to state
where he (Fielding) had located the place OF
his giving the evidence which he swore he
had given, 1. c. Justice Myers court. Dun
can O'Connor and Gilbert, attorneys for
Fielding, saw the defect and made motion
to quash. 1t was argued by Judge Gilbert
for Fielding, and Daniel TrainOr for the
state, before Judge Stipp, who sustained
the motion on Friday last.
Judge Dibell decided the cases relative to
the Rowland judgment against the Village
of Marssilles on Tuesday. Rowland re-
covered judgment in this court against the
village for damages sustained by the falling
of 8 bridge, span giving way in 's6, and
the finding was later on affirmed by the Su-
preme Court. The village board sppro.
priated one thousand dollars as part pay
ment of the judgment last year and provi-
sion was ma de in the tax levy collectable
this year. Brewer and Strawn. attorneys
for Rowland, sued for Q writ mandsmus to
compel the village to pay thousand or all
Of the judgment. At this, Mr.. Harvey, o
Marseilles, sued for writ Of injunction
restraining the board from paying the thous-
and dollars or any part Of it. The cases
were argued before Judge Dibell, sitting in
chambers at Joliet, several weeks ago, and
was taken under Amusement. Mr.. Bick-
ford, for Harvey, claimed that the tax levy
was limited by the old law to one half of
one per cent, and that the judgment had
been rendered since then and under the
new law, which allowed them to raise two
per cent. Therefore, the judgment should
have been rendered with due regard to
the amount of the old levy, which would not
pay the necessary running expenses Of the
city, and as the law stands no judgment is
is payable if the expenses Of the city or
village and the amount Of the judgment ex-
coed the legal limit of the tax levy. The
court held the point not we'll taken, as the
plaintiff had not objected to paying his
taxes and could not, therefore, have a tena-
BILE ground in this case. And, further, it
would be manifestly unjust for city to es-
cape a judgment because of the limitations
to the legal levy Of taxes. He granted the
msndsmus asked for by Rowland and or
dered the village to pay 81, 500.
Judge Blanchard heard several chancery
cases this week. The Newberry. Kelly case
was the most interesting of the batch. Mr.
and Mrs. Newberry. of Streator, separated
three or four years ago, and Newberry
signed contract to pay his wife two huns
dred dollars per year. They were divorced
a month later, and he paid the amount until
afterImsrriage with Mrs. Kelly, which &C.
CURED about year ago. At this time he
secured new agreement from the first Mrs.
N. to pay her one hundred fifty dollars, in
stead Of the two hundred. She repented Of
the matter later on, and sued to bind him to
the previous agreement, asking the court to
set the subsequent articles aside, on the
ground that Justice Myers, of Streator, who
had acted as her attorney had played double
and accepted fee from Newberry. The
court decided that the point was not we'll
taxed and refused to nullify the subsequent
agreement.
The Carter partition case, argued on We'd
nesday, will be probably be decided to.mor.
row. The points Of outside interest is the
claim Of Mrs. Wilson, mother of VIM. Viii.
son, of Earlville. The attorneys for the
Wilson creditors sue to set aside an assign.
ment from Wilson to his mother of this claim,
alleging that it was fraudulent assignment
calculating to defraud his creditors
In Bowermaster vs.. Burch, argued on
Wednesday, the plaintiff had first procured
judgment against Augustus Burch on
mechanics lien for house painting, and
finding that the property was in his wife's
name secured judgment against her also.
The defendant claims that two judgments
against different parties cannot obtain.
Court will adjourn to-day, unless some
emergency arises. and the Circuit Court will
take rest until action.
The Wslsh-Looeey matter has at length
reached the Circuit Court and James Walsh