The Ottawa free trader., 1890-01-11
LEGAL.
Circuit Court Doings.

AZ IL ldlt llpul bll L IlIdl ull'lll''I,
Moloney II Stead filed a case in the
Circuit Clerks Office in which James
Barrett is the plaintitf and Henry
and Edward Zimmerman, David a.
Toombs and John Welch are the de-
PENDANTS. The suit IS brought to get
$4,000 damages, and MOloney II Stead
represent complainant.
This suit has as an Indirect origin,
the project of the construction OF the
Zimmerman Opera House, at La Sale.
which was recently completed. David
ToOmbs and John Welch, two of the
defendants are the contractors who
had charge of the construction OF the
building. About three months ago,
while working about the premises,
the contractor ordered him TO wheel
some brick up scaifOld inside the
building.
Barratt went up the scaiIOld as or
dered, and when near the top the
props gave way and he was precipita-
ted to the bottom of the building, a
distance of fifty feet or more. He fell
on pile Of rough stone and was seri-
ously injured. 1t was feared he would
die at the time He is able to be
about but is not able to do any work,
and it is claimed his injuries are of
permanent nature.
On Dec. 10, 1889. Terrence Cullen, an
old and respected citizen Of Peru, died
at his home in that city. He left
last will and testament, which was
admitted to probate about week
afterward. Michael Byrne and John
COifey were sworn as executors, as
named in the will. They gave a per-
soEal bond in the sum of $4,000, with
w. w. Taylor as surety. The estate
of deceased is valued at $4,000 or Sl4,-
600. A suit has been filed the Circuit
Court by Catherine and John Farrell
against Jancand Ed Lamb, Mary Ann
Collins, John Cotfey and NJ. Byrne, The
executors and several other parties.
The declaration sets forth the fact
that Terrence Cullen was not in his
right mind and, it is alleged, undue
influence was used 10y the defendants
in this bill, in having him deed the
property to them. Mrs. Farrell is a,
daughter of Cullen and, it is said, was
left without IA cent. She wants the
conveyanccS set aside and the will de-
clared null and void on the ground as
stated above.
Dzetter Schaffer filed a bill for di-
vorce from her husband, Henry
Schaffcr The couple were married in
Minden, Germany, in 1860, and reside
in StreatOr at present. Mrs. Schatfer
alleges that Henry has been habitual
drunkard for the past two years and
has also been guilty of extreme cruelty.
Schatfer was recently fined $40 and
costs for aSSaulting young man
nonoI AuuuSt IJnnn w II Rows is
attorney for plaintiff.
Moloney & Stead commenced a suit
in assumpsit against James and Ed
ward Wolfe, to get 81 900 damages for
their client, Kate Wolfe. 1t is claimed
the defendants are indebted to plain
tiff in the sum of 81 900, hence the suit.
G. l.. Brock, of Ohm, Iowa, wants
$1,000 damages against +. Nj. Ryan FOR
the money and goods loaned and de-
livered. McDougall and Chapman are
attorneys for the plaintiffs.
George III. BartoO, by his attorneys,
Brewer and Strawn, has commenced a
suit against Simoy Ness and Henry
w. Johnson, claiming $500 damages
for ejectment. BartOo owned IA lot in
Leland in 1882. but the defendants
hold it at present under tax deed,
and BartoO claims they retain posses
sion unlawfully.
Lester II. Eames has filed a suit
against II. S. Gilbert & Co. to recover
1892. &c for rent due the plaintiff. Nc
Dougall & Chapman are attorneys for
EameS.
At the October term of the Circuit
Court in the year 1878, James William
Boutwell, recovered Judgment
against Belford, Solon aud Berry for
81 1913 and costs. In order to get the
Judgment satisfied Boutwell, had a
writ of ferj tUcioS issued, but the sher-
if returned it with the endorsement
that no money had been made. An
alias writ of .feli fdcids was issued
shortly afterward and the sheriff lev
led upon real estate in township 81, in
this county. The land was sold to
Boutwell, for $l,l20 and in July 1892
lthe premises not having been re-
deemedl the sheriff gave Boutwell,
deed for the land. In 1886 the land
was sold to James Charley. Charley
began a suit in the Circuit Court yes
terday against Berry ct al. to have
the cOnveyances (of the land in dis
pute) claimed to have been made from
Anthony Berry and his wife to Joseph
Berry, to ID. Herman set aside and
declared void, on the ground that
Berry is distracted person, and he,
Charley has the only clear deed to
the property. Henry Gum, of Ton
lea, and McDougall and Chapman are
solicitors for the complainant.
William Noble wants divorce
from his wife, Harriet Noble, on the
grounds of deSertiOn.
A motion for new trial in the
ChessmOnd- Evans case was argued
before Judge Stippin the Circuit Court
Monday. The motion was Overruled
and Judgment for $4,000 and costs
was entered against defendants. An
appeal was granted to the Appellate
Court on the filing of bond in the
sum of $4,000. The bill of exceptions
must be rendered in sixty days and
the bond must be filed in thirty days.
The motion for new trial in the
Benson-Barbe suit was also denied.
Benson recently got a Judgment for
800 against Ebenezer Barber, of Mar
seilles. The suit was originally brought
to recover damages for a failure by a
government contractor to pay Benson
for labor performed.