Lincoln County leader. [volume] (Toledo, Lincoln County, Or.) 1893-1987, 1898-04-29

trict court at this place last Friday
night decisions we're rendered in
two or three cases of more or less
importance. The most important
decision was that rendered in the
case o. Lincoln county VS.. B. F.
Jones, ct al. This case came up on
demurrer to the separate answers Of
the defendants. The defendant had
set up in his answer that he had a
contract existing with the former
county court that terminated on the
1st of August, 1896, and that he
had lived up and contormed to the
terms of that contract in good faith
aed had made a full and complete
settlement under the terms of said
contract with the court that had
executed it. This contention of the
defendants the court sustained, over-
ruling the demurrer thereto, but the
court sustained the demurrer as to
the delinquent tax money collected
and held that the clerk should pay
the same into the treasury.
The Journal entries prepared by
the court after the usual caption
reads as follows:
The above entitled cause came on for
hearing at an adjourned term of said
court, heretofore held upon plaintiffs
demurrer to defendants further and
separate answer to plaintiffs complaint
filed herein; the plaintiff appearing by
M. L. Pipes and w. E. Yates, district
attorney, its attorneys, and the defend
ant by j. X. Weatherford and w. S.
Hufford, its attorneys. After hearing
the argument of counsel, being still in
doubt as to what order should be made
in the premises, the said cause was TAX
en- under advisement for further censid-
Grafton; and now having fully considered
the same, find that the said demurrer
should be sustained as to the first furth-
er and separate answer Of defendant in
said answer of defendant in said answer
set out, and overruled as to the second
and third further and separate answer
pleaded therein.
Wherefore it is ordered hat plaintiffs
demurrer to defendants first further and
separate answer be and the same is here.
by sustained; and it is further ordered
hat plaintiffs demurrer to defendants
second and third separate answer tc
plaintiffs complaint be and the same
hereby is overruled and denied.
And it is further ordered by the cour
that the defendants herein have thirty
days in which to further plead il
said cause, if he so desires, and thai
the plaintiff reply or plead thereto with
i'll twenty days thereafter.
Done in open court at Toledo, Lincoln
county, Oregon, this 22d day of April
1898.
"The above entitled cause having
been heretofore argued and submit
ted upon plaintiffs demurrer to de-
PENDANTS further and separate an
swer to plaintiffs complaint herein
plaintiff appearing by M. L. Pipe
and w. E. Yates. district attorne,
and the defendants by J. K. Wealth
erford and w. S. Hufford, their at
torneys. Now after having full.
considered said cause find that thu
said demurrer should be overrulec
in part and sustained in part
Whereupon it is ordered that plain
tiffs' demurrer to defendants frs
further and separate answer, i
said answer stated, be and the sam
hereby is sustained.
t 1t is further ordered that tn
plaintiffs demurrer to the defend
ants second further and seperat
J answer to plaintiffs complaint b
! and the same is hereby o~verruled
+ And it is further ordered and ad
judged that the plaintiffs demurre
to the defendants third further an
s.perate answer to plaintiffs con
e plant, be and the same hereby
0 sustained"
S Stripped of its lega' verbiage tt
effect of the decision is PRACTICAL
= against the county in all essenti
points. In overruling the demu
ret as to the defendants answer tn
4 the clerk was on fees the court d
y not pass upon the construction
the law, but simply placed tn
-