Omaha daily bee., 1897-01-23
GLEANINGs FROM COURT DOCKET.
Decisions of Importance to Inhabi-
tnnts of Council nlnfYs.

tants of Council Bluffs.
When the district court convened yester-
day morning the only case ready for trial
was replevin suit brought by Mrs Minnie
Whitaker against Constable Alberti to re-
cover possession of property taken by the
constable upon a writ of attachment The
case had several innings in justices courts
before 1t was finally appealed to the district
court. Among the articles first seized and
sought to be recovered was a bull pup a can
of baking powder and a game cock The
fighting dog and chicken were the property
of Jack Whitaker, and were representatives
of numerous other animals and fowls of the
same class. Whitaker kept, in addition to
his fighting stock, a small grocery on Middle
Broadway, and during the squabble of his
creditors to get possession of his property
portion of the grocery stock was seized. This
was claimed by his wife as her property
and she interviewed with a replevin suit in
Justices court. The decision was against her
and she appealed. The case was tried to
jury and occupied all of yesterday. 1t was
given to the jury just before supper, and
during the evening a verdict was returned
in favor of the plaintiff, She gets all of
the property back, which is scheduled at
$l0610.
An order was made in the case of the Iowa
Mortgage and Trust Company against John
$. Morgan. sheriff directing the return to
the Western Lumber company of the sum
of $685. which has been in the hands of the
clerk for several months. The lands in the
western part Of the city upon which the
Western Lumber and Supply company hal
its plant located were sold for taxes and the
sheriff executed a deed to Officer & Pusey
The Iowa Mortgage and Trust company held
claims against the property and made an
effort to redeem and have the sheriff deed
set aside. The amount of the taxes with
interest, costs and penalty was deposited
with Clerk Reed while the suit was pending
in the district court. The court Yesterday
held the sheriff's deed to be good and or
dered the clerk to return the money to the
mortgage company.
Considerable interest was awakened by
the announcement that Judge Smith had
handed down his decision in several cases
in which w. NJ. Wilcoxen, receiver of the
defunct Union Building and Savings associa-
tion of Des Moines, was the plaintiff and the
Danish Evangelical Lutheran church and
several Council Bluffs citizens were defend
ants. The church society had become a
stakeholder in the association by reason of
its application for loan amounting to 500
and numerous citizens We're similar stock
holders. Receiver Wilcoxen brought suits
against many OF these stockholders and at
tempted to foreclose upon the property they
had pledged to secure the loans. The de-
PENDANTS resisted and set up the claim that
the premiums they We're obliged to pay for
entitled 10 credit on the company's books
for tho full withdrawal value of their stock
at the time the association failed. This was
a great deal more than the amount allowed
by the receiver when he settled up the affairs
Of the company. He contended that to grant
them full value would be to give them ad-
vantage over other stockholders. Judge
smith sustained the plea that the premiums
We're usorious and ordered judgment against
the receiver for the full amount of the in
terest from the date of the loans. The order
forfeiting the interest directs that 1t shall
90 to the county school fund. The interest
amounts to 5000. Judgment is rendered in
favor OF the receiver for the amount Of the
loan without interest, less full amount of
premiums paid and less the book value of
the shares of stock, and DEGREES of foreclos.
ure are granted. Judgment Is also rendered
against the receiver for all of the costs in
the cases. This makes three judgments in
each case. The other defendants in the suite
passed upon were 7. l. Smith and c. b.
Howard. The amount involved In all the
cases is $1,000
The decision is a victory for the many
stockholders in the city.