The Mankato free press., 1900-02-16
SETTLED FOR $500.
MankatO & New Ulm Right of
Way Case Ends.
The $1,000 Damage Suit of Robert O.
Craig Against the City of Man.
katO on Trial.

The suit of Victor E. jacobson and
others, applts., VS.. the Mankato q
New Ulm railway company, respon-
dent, was settled Friday in the dis
trict court before being called for trial.
The right of way appraisers allowed
the appellants 800 damages for land
land taken for the use of the railroad
This was conceded by the railroad to
have been mistake, as other people
we're allowed from $3.50 to 1926 for a
similar amount of land. The owners
appealed from the award and demand
ed $500. and a settlement was reached
on this basis, the appellants to pay their
own costs. J. o. Andrews and n. L.
Schmitt were attorneys for the appel
lants, and Plau & Pfau fer the respon-
dent.
The $4, 900 slander suit of Fred w.
Carstrom VS.. Chas. J. johnson has been
settled, the defendant agreeing to make
a retraction of the statements which
were objected to by the plaintiff. ].
O. Andrews and Fl. L. Schmitt were at
torneys for the plaintiff and Pfau &
Pfau for the defendant.
The trial of the suit of Robert O.
Craig VS.. the city of Mankato was com
menced Saturday. This is an ac-
tion where the plaintiff demands 3d.,
600 damages for land alleged to belong
to him, which was taken by the city
for street purposes. The land in dis
pute is located near Tourtellotte hos
pital. G. L. Benedict and W, L. Com
stock are attorneys for Mr.. Craig, who
resides in Janesville, and City Attor-
ney Daley appears for the city.
A hearing was had before Referee
Flittie Friday afternoon and Friday
evening on the application of w. Fl.
Gillis. of Little Falls, for discharge OF
bankruptcy. One of the creditors, the
E. G.. Stearns Co., of Chicago, object
ed to the discharge on the ground al
legged that some of the property was be.
ing concealed. Evidence was taken,
and the hearing was continued unit
Feb. Goth. Attorney A. P. Blanchard
of Little Falls. appeared for him, and
Attorneys Farley and John Moonan, Of
Waseca, appeared for the objector.
In the district court at Owatonna
Friday, verdict for 81, 400 and fore.
closure of mortgage was secured in the
case of McManaman VS.. Hickey. In
this case an interesting point was
raised in regard to the statute of limi-
tations. Two notes were given, secur-
ed by mortgage. One note for $500
was paid in 1894. The other note be-
came due in 1881, but no payment was
ever made upon it. The plaintiff took
the ground that the notes were parts
of one debt, and that the payment OF
one revived the life of the other. The
defense argued that each note was a
separate debt, and that the statute OF
limitations applied to the unpaid one.
J..O. Andrews and 81. L. Schmitt were
attorneys for the plaintiff.
The witnesses examined for the de.
fendant Friday afternoon in the ac-
tion Of P. Coyan & Son VS.. Thos. W.
Hart were ]. M. Eager, G. H. Griebel
and Ct. G. Towne. For rebuttal, Albert
Lamm and Bernard Kohler were sworn.
The case was argued for the defense
Thursday afternoon, and for the
plaintiff this forenoon, and it went to
the jury at 1910 a. N. Two hours
later, the jury returned with verdict
of $107. 60 for the plaintiff. The amount
sued for was $3.50 and interest. A stay
of forty days was granted.
The suit of Geo. Vosbeck against
Contractor Fl. M. Kellogg was
continued by consent.
Judge Cray has arranged with Judge
Buckham, of Faribault, and Judge
Brown, of Luverne, to sit with him in
the trial of the injunction suit of S. Fl.
Grannis against Messrs. Wellman,
Fleener, the county board and others.
This is dispute to the Importance OF
the action. Judge Buckham's district
is the fifth, and Judge Browns the
thirteenth, and both judges are distin.
guished for their ability. The trial is
set for March 18th at 10 a. m.