The Oskaloosa herald., 1900-11-01
BOYER WINS.
The Court Dissolves the Bill
Board Injunction.

Frank Boyer wins the Bill Board
injunction case and the temporary
injunction was dissolved and Mr.
Boyer's rights to the board we're fully
and completely established.
The trial Of the case was brought
before Judge Clements Friday after
noon with the thought that it could
be settled in a short time. Willard
Carver and ALT Wooster appeared for
the plaintiffs, J. L. Davis and Lou
Shangle and for the defendants there
were Messrs. Byron Preston, w. r.
Lacey, Walter Burrell, w. w. Haskell
and o. O.. G. Phillips.
The defendants demurred to the
petition and the action was sustained
by the court. Mr.. Preston read the
answer to the petition of Davis and
Shangle and a motion for the dis
solving of the injunction was filed.
Carver was given leave to amend his
petition and he did so by bringing
Fred Davis into the petition as n
of the plaintiffs, and next the hear
ing of the evidence on the last COM
menced. This required the balance
of the afternoon and an evening ses-
sion was held that lasted until after
10 O'Clock. The case was again called
at s O'Clock this Saturday morning.
The point in the case seems to be
the possession of a coal house that is
under the stairs on the west side of
the Boyer Clothing House and is
used for the storing of coal used in
the heating of the rooms occupied by
the Oskaloosa Building and Loan as
sociation. The evidence shows that
the coal house was built in compli-
ance with the terms of a lease of the
rooms on the second story made by
the association. 1t vas put up by
Mrs. Rhinehart, owner of the build
ing, and the permission of Mr.. Boyer
who was in possession of the first
floor was first secured. Naturally
MI. Boyer claims the right to use
the walls of the coal house for ad
vertising purposes, Davis & Shangle
Abstract and Loan partnership hav-
ing an Office in the rooms of the
Building and Loan association claim
the right to use the boards as they
furnish the coal that is stored in the
house. Under this claim they leased
the board to Fred Davis. 1t was ac-
knowledged by Mr.. Shangle that the
case grew out of a determination to
bring the matter into the courts to
see who had rights in the matter.
The entire affair is of the most
trivial character and the cause of the
trouble seems to be the fact that a
couple of theater passes were not
forthcoming from Mr.. Fritz for the
use of the bill boards. The firm of
Shangle & Davis at one time had
such an arrangement with him but
MI. Boyer claimed the board. The
tickets we're then given to the Boyer
firm, Mr.. ShangIe said that Mr..
Davis was brought into the affair as
a third party because the firm of
Davis & Shangle did not want to get
mixed up in the affair but wanted it
settled.
The amount of actual cash in the
ease is only So 90.
The Ease occupied all the forenoon.
There we're a number of witnesses
examined and then there was an at
tempt to hold Mr.. Boyer for violating
the Injunction but this was dismissed
by the court. Willard Carver made
some argument on the case and then
the judge dissolved the injunction.
This is a complete victory for Mr..
Boyer, and the plaintiffs are beaten
at every point of their petition. Mr..
Boyer's unquestioned right to the
bill board is established by the court
and Mr.. Fritz will continue to use
the place. He was informed of the
decision of the court and he lost no
time in getting his bills displayed on
the place.
The costs in the case will have to
be met by the plaintiffs and they will
amount to about $500, the amount of
the bonds that were furnished in the
case,