Twice-a-week plain dealer. (Cresco, Howard County, Iowa) 1895-1913, 1896-03-24
FIN Clark vs. iowa Deposit s. Loan


g w oaverse VS. w r Converse 1T
legged i'll petition. 1t is stipulated in
open court that the premises can not
be evuitably partitioned; it is there.
fore ordered and adjudged that the
real estate described be sold at either
public or private sale as prayed and
proceeds partitioEed among parties
as per their respective shares, s
Converse appointed referee to make
sale, bond of referee fixed at $4,000 to
be approved by clerk, WIN Black.
burn, B + Davis aud M r Ling ap.
pointed appraisers
State of Iowa VS. Frank Deveraux ell
al. submitted to the court, judgment
and decree for injunction as prayed,
atty fee fixed and aid at $40
State of Iowa vs. Dan Hagen ct al
submitted to the court, judgment and
decree of injunction as prayed; atty
fee fixed aud allowed in the sum OF
$40
Rock Island Pillow Co VS. jerome
Roper, continued
DIP Middlekauf VS. j G Miles, mo-
ton to strike am andnaur to petition
sustained, plntf takes leave to amend
petition; by consent plntf to have 20
days to file amendment to petition
and defendant To plead to sam With
in 80 days thereafter, Continued
Mate Martin VS. William Burleigh
continued by consent
Catherine Naughton VS. Peter
Naughton ct al. continued by consent
John McHugn VS. Hugh Owens, con-
tinued
State of Iowa VS. Martin Kalishek
ct al dismissed bv plnrf
ID A Lyons ct al VS. james Clarkin
ct al, plutf takes ave to amend pc
tition by making d A Lyons surviv.
ing partner of McHugh & Lyons par
ty plaintiff, submitted in vacation
taken under adyisement, judgment
to be entered in vacation as of the
lust day OF this tern
Nels l. Weigen VS. Council Bluffs ms
Co, demurrer TO second count of deft
answer sustained, deft excerpts; jury
empannelled and sworn; at close of
evidence plntf asks aud is granted
leave to amend reply to conform to
evidence, deft excerpts; by agreement
of parties case withdrawn from the
jury and submitted to the conrt to
find the law and the facts and decide
the case. The finding of law and the
facts is incorporated in the record OF
the reporters notes of testimony and
the same is made part Of the record
of this case to each and all of which
| finding defer dant excerpts; Judgment
for plntf against deft for 1925 int at
6 per cent from Aug 1, 1895, and costs
of suit; deft excerpts; by consent tc
have 80 days to settle and file bill of
exceptions
Aultman Miller s. Co. vs. Jacob
Dinger. on motion plaintiff Judgment
entered at lust term of court set aside
no notice having been served at that
default judgment for plaintiff against
the deft. for $12o:93 int. per cent
from Dec. II, 1895 atty. fee $12. 80.
Charles Hank VS. Fred Schimmipg,
continued.
State of Iowa VS. Edward Byrnes ct
al. submitted to the court Judgment
and decree for injunction against
Edward Byrnes personally as prayed
and for costs and atty.'s fees fixed al
$50. DisMisse i Jas to other parties and
real estate.
Warder. Bushnell s. Gleason Go. VI
John Treider, plaintiff to have &c
days to plead to defendent's answer
| Continued.
Riceville State Bank VS. c. G. Jone.
ct al, continued for services as to j
d. Allen and l.. w. Tyrrell. BY con.
sent continued and if def. amends
answer, such amendment shall be
filed by May l, 1896.
J w & B F Klemme VS. George Pur
cell eft al. continued by consent.
j B Mitchell VS. A d Combs, deft.
w q Fish and W Ct Fish Co. Auditor
settled and costs paid. Garnishee
discharged
Spaniding " Ayre VS. Aug Brink
man 81 Sophia Brink,nan, final re-
port Of receiver approved and he
ordered to pay over to plaintiff tn,
amount of money in his hands aftel
payment of costs and upon filing
proper vouchers showing such pay
ment and costs the receiver to stanC
| discharged as such receiver.
The Aultman Co. VS. A d Franklin
on motion of plntf. default and judg
ment entered at last terln set aside
no notice having been served at tina
time. Settled.
Garner Smart VS. P d Mcdruder AM
Owen McGruder, Springer q Clar.
withdraw appearance and ans: for +
D McGruder. By consent judgment
in favor of Owen McGruder agains
plntf. for costs. default as to F. ID Nc
Gruder. Judgment for plntf. against
ID McGruder for $445.30 int. 8 pc
cent, atty.'s fees $3l.oQ.
(Completed in Friday issue.9