Ottumwa semi-weekly courier. [volume] (Ottumwa, Iowa) 1899-1903, 1900-01-25
POLICE And COURTS
Doings offs Day in ottumwa Mills
Of Justice.
JUDGMENT ENTERED In MOSBY CASE
Court Decides the Marsh Case Jury
Secured In the Case Against Oscar
Holsey-Lewis FosIer Mixed
Up With Governments

1
HOlsey-Lewis Fosler Mixed
i Up With Governments
From Wednesdays Daily.
The court today in his ruling in the
case of j. A. Strader VS.. the city of OF
tumwa and the Ottumwa g. Northern
Railway company practically found
that the city is not liable for, the fees
of the election clerks and judges. This
case was tried before Justice Ballard
last July, who rendered judgment
against both defendants for the sum of
SAC as fees due sundry persons for act
ing as election officers at special
election called for the purpose of vot-
4 ing tax to help in the construction
of the Ottumwa & Northern railway.
These fees belonged to G. E. Hendricks,
Il w. B. Jones, Lew w. Davis, Z. S. Kent
and r. G.. Goodall, and We're assigned
4 to the plaintiff in this case, j. A. Stra-
der. The defendant, the city of OF
tumwa, appealed from the judgment
Of the court below to the district
court. The city in its answer alleged
that the railroad company was liable
4 for the fees of the election officers and
that in calling said election it did not
bind itself to pay the fees in question,
but simply performed the duty requir-
ed of it by law. The plaintiff moved
the court to strike out that part of the
answer which was overruled today,
which has the effect of saying that the
city is not liable. Morris & Lowen-
berg were attorneys for plaintiff, Geo.
i r. Heindel for the railroad, and w. ii.
G. Jaques for the city.
In district court today the court
entered judgment in the ease of Jerry
Wilcox vs.. Clyde Mosby, giving defend
ant either the possession of the animal
and $25 damages or money judgment
of $3.50 and the damages at his option.
The history of the case seems to be
about as follows: The plaintiff gave
the defendant trotting horse known
as Phil Mosby, for the purpose of
training him. In the event that the
defendant gave the horse a certain
half interest in it. Later, it is claimed
: by Mosby, that by an agreement he,
!. was to have all interest in the horse.
!, The plaintiff claimed that that was
) not the case and served notice upon
, the defendant to deliver up the pos
! session of the animal. This the de-
, PENDANT refused to do and the plaintiff
replevined the animal. Now the cause
came on for trial and the court found
than the defendant, Mosby, is entitled
to the horse or his value, which was
found to be $3.50, and was also entitled
to the sum of $25 for damages. The
order of Judgment was made in ac-
: cordance Herewith.
Joseph Clogston, indicted on the
!, charge of seduction, was brought into
5 court today and entered a plea of not
), guilty to the charge. The case was
assigned for trial next Saturday and
Scott & Ayres will defend him.
The court decided the case of Mary
:, Marsh VS.. Samuel Marsh and Elijah
johnson today, and held that the lien
of the defendant, johnson, is superior
to that of the plaintiff, Mary Marsh.
The history OF the case is about as
= follows: The defendant, Johnson, at
S one time brought an attachment
4 against the defendant, Samuel Marsh,
3 secured Judgment, and caused Ger
tain piece of land attached, in Jeffer-
son county, to be sold, and received
sheriffs certificate of sale therefor.
: The levy on the land was made by the
/ sheriff a little after noon, while the
mortgage that is sought to oe fore
closed was made in the morning. The
I plaintiff in this case claimed that her
d mortgage was a prior and superior
lien to that OF the defendant, Johnson,
: as against his piece of land. The de-
s fendant claimed the mortgage was
: made with the intention to ,lefraud
him, and the court SO held, and declar-
: ed that Johnson's lien is prior and
e superior to that of the mortgage lien
d of the plaintiff. Plaintiffs mortgage
was foreclosed, subject to that limita-
: ton.
]. An order was signed this morning
4 by Judge Roberts transferring the case
of Leo e. Stevens, administrator Of The
estate of Morgan w. Evans, vs.. the
Iowa Central Railway company, to the
United States circuit court for the east
h ern division of the southern district
of Iowa.
. The will of the late Polly Thompson
= Of Kirkville, was admitted to probate
today, and G. w. Kirkpatrick was APP.
pointed executor; the bond was fixed
It at $1,000.
h The final report of the administrators
in the estate of William 7. Thompson
! was approved, the administrator dis.
* charged and the sureties on his bond
/, eXonerated
;. The case of Diller & Deeds VS.. G. C
Taft company, writ OF error case, tbs
n cause was remanded for further tria
% before the justice from whence il
n came.
- before Commissioners Hunter.
4 Lewis Fooler has run amuck. The
" United States government is after hin
: on the charge of using the mails fol
an illegal purpose. 1t will be remem
bered that some time ago John Poston
I of Keb, was tried in Justice Billiards.
: court on the charge of switching" {
: watch which was won by third per
! son in a lottery game. and was ac-
4 quilted. The watch belonged 70 Fog
Ter, who, it was said, was i'll and de
sired to rattle the watch off in order
y To s,eclre funds to enable him To live