The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1893-07-14
DISTRICT COURT.

forenoon, Judge severance pTeSlulHS,
and w. B. Davis court reporter.
Anton Busch and Lucus Troendle
were admitted to citizenship.
Henry Robel and Geo. M. Phillips
were appointed bailiffs.
The trial of the suit of E. A. Eber-
hart VS.. j. G.. Roller, to recover Sl20
alleged to be due him in wages, was
begun. Last December the plaintiff
secured verdict of $67, but the court
granted a new trial. ~ -
The next case for trial is that OF
Geo. f. Case VS.. A. j. Bissell and Geo..
Long.
All the testimony for the plaintiff
was gotten in by the middle of Tues
day afternoon in the suit of A. e. Eb
erhart VS.. j. G.. Roller. When the
plaintiff rested the defense moved
that the case be dismissed, and this
was granted, At the plaintiffs re-
quest a stay of sixty days was taken.
The suit of Geo. E. Case VS.. A. j..
Bissell and Geo. Lang, was the next
in order, and this forenoon, after the
trial had commenced, an agreement
was reached whereby it was settled
and dismissed without costs to either
party.
The defendent moved for a contin-
uance in the case of Andus Lundgren,
as administrator of the estate of the
late Chas. J. Lundgren, VS.. the Wi
mona and st. Peter Railway Co. The
plaintiff opposed the motion, but it
was granted.
Michael Farrell was admitted to
citizenship.
The case of Mack Young VS.. Drs.
J. W. Andrews and E. D. Steel was
called for trial, but there being no
appearance for the plaintiff the court
ordered the action dismissed. This is
the suit that has twice been brought
to recover $4,000 damages for alleged
unskillfulness in setting broken
limb. The defense was prepared with
very strong case and would have
made things lively for the plaintiff
had the case gone to trial. The fact
that the plaintiff did not appear to
prosecute the case will be sufficient
vindication of the defendants. There
ought to be some way to make it un-
profitable to commence such actihns.
The suit of Julius Eiker VS.. John
Oelke was begun this afternoon. This
is the second trial of the case.
Sebastian Zimmerman has with
drawn his injunction suit against the
Northwestern Telephone Exchange
| Co.
The defendant in A. j. Busch's in
junction suit against the same COM
pany has put in an answer. Mr..
Busch has demurred to the answer on
the ground that it is not sufficient to
constitute defense. The demurrer
will be heard before the court in va
cation. An appeal will probably be
| taken to the supreme court which
ever way the district court may de-
eide the case.
The trial of the suit of julius Elker
VS.. John Oelke was completed this
afternoon and was submitted to the
jury without argument. The case
comes from Good Thunder and is an
action for ejectment and to recover
certain strips of land. The farms of
the two parties are adjoining and the
plaintiff claims that the defend
ant has moved his fences so
as to take up some OF
plaintiffs lands, The witnesses for
the plaintiff were Julius Eiker, Mike
Gavin, Simon Garvin, Julius Richards,
James Morris, August Pomaranke,
John Landy and Peter Minton The
witnesses for the defendent were j.
r. Thompson, Peter Minton, John
Oelke, John Reck, August Topper
and VIM. Bahma.
The suit of Jesse Falkner VS.. the
Winona & St. Peter BY. Co. was not
taken up. Falkner sues for $4,000
damages. He claims that ethe pas
senger train upon which he was rid.
ing did not stop at his station and
he jumped, off he fell down and was
internally injured. Attorneys Buck
and Plymat appear for the plaintiff
and attorneys Brown and Abbott for
the defendant.