Union County courier. [volume] (Elk Point, Union County, D.T. [S.D.]) 187?-1913, 1895-04-25
CIRCUIT COURT.
Several lmp0rtaat suits Disposea Of
BY Trial.
Mrs. Weed Secures q Judgunept
Against Emanuel Neeinau
for ol,l3s.0s.

for el,l3s.Ss.
The circuit court, which has been II
session in this city for the past ten days
has bean grinding with steady motor
and without interruption. The mos,
important case tried SO far was WOOD
vs.. Sttnnau.
The Wayne Tank company vs.. Geo
H. Rust has been continued and today
the court Is engaged in listening to the
criminal matters.
On Thursday the time of the court
was occupied In hearing the evidence
in the suit of the Northwestern bank
against the Elk Point Opera House
company for $500 given in notes for the
purchase OF a piano. 1t seems that M.
l.. DisbrOw of Hawarden sold to Hance
Murphey piano for the Opera House
company and the failure of the COMPANY
to pay the notes led to the suit. The
verdict rendered was for the bank for
the full amount demanded.
On Friday when the case OF the estate
OF Stephen B. Savage vs. ]. A. Miller
came up there was large array OF
legal light on each side. For the Saw
age estate Messrs. French OF Yankton.
and Nichols and Ericsson represented
the plaintiff, and Messrs CAN'T of Sioux
City, Fawcett of Sioux Falls, and v al
lace OF this place represented the de-
tense. The suit was to cancel deed
issued to j. A. Miller for the quarter
section OF land occupied by D. Dicker-
son and partly owned by A. Shurtleff.
The grounds upon which the action
was based was that of fraud and mis-.
representation in obtaining the deed.
The defense raised the point that the
pleadings were not specific enough and
too general In their terms to consti-
tute al action The point was sustain
ed by the court and the case was dis
missed.
Another case then came up involv wing
practically the same issue, but of diff
ferent form. 1t was suit brought by
Miller against Shurtleff and Dickerson
demanding rents and profits, calling for
an ejectment and possession of the
premises. Attorney Ericsson raised the
point that the pleadings Of the plaintiff
were at fault, which was held good
by the court. The case was continued
for thirty days with lief to amend plead.
ings. In other words the second round
resulted in a victory for the Shurt-
lift side which evened up the adverse
inning OF the morning session.
On Saturday the attention of Judge
Smith was directed to the suit of Hance
Murphey, trustee. and j. A. Miller vs.
e. w. and Guy Cook. This suit in.
wolves 100 acres of land near Burbank
now occupied by Mr.. Cook. Mr.. Miller
it seems secured the appointment of
Hance Murphey as trustee and then got
a deed from him, Mr.. Miller having
purchased the claims Of the creditors
of the firm of Bender, Meyers & Vim
son who were in business in Elk Point
in the los. Part of the assets of the
firm 1t seems was this quarter section
of land and Mr.. Miller owning the
claims of the creditors demanded poses
sion. Mr.. Cook holds possession by aid
OF tax title. The court continued the
case on point raised by the defense
which was that the pleadings we're in
fault insomuch as they did not state
the authority of the assignee or trustee.
In the afternoon the suit of Rosa L.
Wood vs.. E. Steinau was called. It
seems that Mrs. Wood, who is the wife
OF John Wood of Akron and daughter
of Ms. Grill OF Richland, owned q
quarter section OF land near Glendale
in North Dakota. On this land Mr..
Steinau had a mortgage for $1,000.
The failure OF Mrs. Wood to meet the
mortgage led to a foreclosure. After
ward Wood and Steinau traded
the land for stock Of goods in Mime
N<1S h{rB% ~ %<~~ A
and sold out until Steinau should have
secured his money and expense out of
the deal. A hitch came in the pro-
ceedings someway and the goods we're
brought to Elk Point where MIR. Steinau
81, 600 which they demand was the
goods. Mr.. Steinau maintained that
Wood failed to keep good his agreement
in turning over another stock at Akron.
This Wood denied. The jury rendered
a Judgment for Mrs. Wood to the amount
Of 81 1928.
THE GRAND JURY.
On Friday afternoon the grand jury
concluded Its labor after having found
two ndictments-One againrt Ames
ex. banker, and another against David
Stone for falsely representing q scalp
to be that Of wolf and securing the
bounty thereon. The liquor cases and
one against Frank Ferguson were dis
missed SO far as the grand jury was
concerned. Probably the most impor-
tant work Of the jury was the report as
to the condition Of the court house. It
is as follows:
We the grand jury in and for said
county empanelled at the April 1895
term Of said court in accordance with
your instructions would respectfully
submit the following:
After duly visiting the county jail
and other county officers we find such
property In fair condition considering
the sge and conveniences at hand.
First. We find the court room In
sufficient to accommodate the court,
jurors, counsel and such witnesses as
are likely to be present at any case that
may be called.
Second. We find the records OF the
clerk Of courts office-the most valu
able in possession Of the county-are
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