Daily capital journal. (Salem, Or.) 1896-1899, 1897-12-02
HUNSAKEH VS.. BROWN
Great Battle for Points by the
Lawyers.
JUDGE H, H. HEWlTT'S RULINGS.
The Taxpayers Right to Enjoin
Fully Established,
JUDGE H. H. HEWlTTS RULINGS.

parUment No. 2. II. ii. Hewitt, j.
In Hunsaker VS.. Brown, the court
ruled on demurrers as follows:
AS to demurrer of Carson & Flem-
ing to second amended complaint, it
was overruled. He held that citi-
zen had a right to proceed by injunc-
tion. The supreme court seemed to
have in mind that an asylum had to
be built in Eastern Oregon or in Sa-
lem, and that private party's taxes
would not be increased ana hence he
could not sue. The Soldiers Home
case was decided in the same manner.
The decision in the 10th Oregon
established, the right of a taxpayer
to proceed in this case by injunction.
On the Charlton, Cook and Holmes
demurrer TO the new matter in the
answer of Sherman, Condit & Park,
attorneys for defendant Brown, court
ruled that the defense set up was that
the county judge had ordered the clerk
to draw the warrants without author
itY. This was an attempt to plead a
ratification by the county court, after
wards of the act of the county judge,
but IL was not such ratification.
Neither Of the warrants sought to be
enjoined was for the original amount
of the contract. 1t was proper
to plead ratification, but as the act
of ratification alleged in the pleadings
did not cover either of the warrants
issued, but was for the original
amounts of the contract, the demur-
rer was sustained.
Mr.. Carson asked until Saturday to
answer for Pugh & Gray.
The court intimated that it was not
intended that he should spend all his
time in Salem. "When do you want
to try this case ?'
Mr.. Charlton: "We are ready to go
to trial at once"
So the injunction suit goes over to
Saturday of this week.
FROM THE DOCKET.
Seth r. Hammer, executor of the
last will and testament of Eleanor
Shrum, deceased, vs.. Frank A. and
Miranda j. Flemming, is the title of a
foreclosure suit instituted in the Mar
ion county circuit court. Judgment
is wanted for $9SO.6O and interest
thereon fromSept. Is, 1895, and the
usual attorneys fee.
A. McGill, the assignee of Iver Lar
sen, an insolvent debtor at Enger, this
county, has filed his amended final re-
port with the circuit court. He shows
the total receipts to have been $958.15,
the disbursements $420.44 leaving
balance on hand of $537.7l. The total
amount of claims of creditors against
Mr.. Larsen is $6,674 IA and of this $2,
79S. SO have been fully satisfied, leay-
ing S3,S76,35 still to be paid. Mr.. Nc
Gill asks for an order directing him
to pay the $537.7l to the creditors in
pro rata proportion to their claims.
and that he be discharged from fur
ther obligations in the matter.
Maliinda Millsap VS.. d, A. Durette
ct al, foreclosure; on hearing Of mo-
cion to make the amended answer
more definite it is ordered that the
answer be amended so as to set forth
particularly the nature of the defects
of title relied on by the defendant
Il. X. Ford VS.. Catherine Suites
man ct al, foreclosure; motion to
strike out OyeTruled
r. L. Sabin ct al. VS.. Geo. f. Smith.
ct al, receivership; leave granted to
file amended reply.
d Mark vs.. Geo. w. Swarts, ct al,
foreclosure; leave granted to amend |
by striking out the name of George
Bayne and default as tC Geo. w. a0d |
Chas Swarts, Lulu Ingersol and r. L. |
Swarts, and decree on pleadings.
+. G. Baker VS.. w. II. Bennett, fore
first and third subdivi sions of |
motion to strike out sustained and |
second oyerruled.
Harriet j. Holden VS.. Henrietta |
Green, foreclosure; default as to Hen
rtetta and D. L. Green and decree Of |
foreclosure.
Russell & Co. VS.. NJ. S. Long ct al.
equity; set for trial at a. m. Dec. q
e. +. Wild VS. Matte A. Parrish ct /
AL, foreclosure; motion argued