Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1900-10-19


to one G. F. Kirby. Kirby refused to
treat with the right-of sway agent and
application was made to the sheriff for
the appointment OF a jury to appraises
the value of,the land to be occupied and
the damage to he done the abutting
property, after manner in which right
of-way Is secured for first track.
KIRBY protested against the pro-
Eceeding, disputing the right Of the rail-
road company to condemn for second
track and insisting that It must buy at
,the owners figures, its rights having
been forfeited go far as condemnation
are concerned with the first proceedings
of this character. Despite the protest
the Jury entered upon the premises and
made an award of $2.100 damages.
Kirby refused to accept the money
when it was deposited with the sheriff
and appealed to the Marshall county
courts. The Northwestern road came
in with a request that the case be
transferred to the United States court
inasmuch as 1t is a nonresident. cor
poration and the amount involved ex-
ceeds $4,000. Kirby protested against
this on the ground that the proceedings
are merely q continuation OF those had
before the sheriffs jury; that the
Northwestern road is the plaintiff, ilav-
ing originated the action before the
sheriff, and as a result must follow the
case in the courts where 1t instituted
proceedings and has not the right to
take 1t by transcript to the United
States courts. All the questions are re-
tanned In the case for presentation to
Judge McPherson.''
The Des Moines paper errs whenit
says that Mr.. Kirby is the owner of the
iand, but otherwise the facts as pre-
scented are correct. The case was re-
Gently tried in the district court in this
county and resulted in a verdict for the
Myers estate OF $500, from which de-
cision the Northwestern has appealed.
When the hearing commenced the COM
pany made application before Judge
Caawell to have the case transferred
to the federal court but the judge ruled
against this. The defendant has the
right. however to make application di-
rect to the federal court to have II suit
docketed, and the first point to be de-
cided by Judge Mcpherson Is whether
Is favorable to the railway company
LllSll luS NlSlTGt4COuTI# OeSsSlOIl 5WlII5 De
OF no effect and the case will be in the
same position as If the former trial had
not been held.
THE GREENE CASES.
Judge Burnham, of vinton, arrived
in the city Thursday night and this
morning held session Of court for the
purpose OF hearing arguments and
ruling on demurrers in The two Merritt
Greene cases. in which the title TO val-
liable property formerly owned by r. r.
Sears, but later transferred to J. H.
Augustine thru tax titles and later sold
by him to Charles LaPlant and others.
is attacked. The arguments were for
the purpose OF securing rulings so that
the issues in the suits may be made up.
MARTIAL MISF1TS.
The usual number OF applications for
divorce are being filed for the Novem-
Der term of court Almira Coulter is
one OF the latest petitioners and
charges her hus band. Anthony Coulter,
with divers offenses against the mar
riage state, INCLUDING adultery and
drunkenness. The Conlters were mar-
riAd in 1879 and the wife asks the Gus
tody of three minor children.
Elmer b. Jones. a resident Of Mar
shalltown, is seeking a divorce from
Matte D. Jones, TO whom he was mar
sried in 1897 at iEldora. DISCRETION is al
legged.