The Iola register., 1901-01-11
WEEK IN COURT. .....
FRIDAYS PROCEEDINGS

FRIDAYS PROCEEDINGS
The suit of S. H. Weith VS. DR.. f.
w. Hooper was called last Friday
and is being tried by jury. 1t is
suit charging malpractice, DR.. Hoop
er having treated Weith for broken
leg. The leg did not mend, grew
shorter permanently. Weith changed
doctors and recovered, but lost a
year, paid forlarge doctor bills, hired
farm hands, is permanently disabled
for farm work, suffered mental and
bodily anguish, all of which he
charges as due to negligence and mall
practice of DR.. Hoop er; who reached
his side an hour after his leg was
broken by the kick from horse.
Weith asks damages in the sum of
$500. Weith was given judgment
for S493.50
The divorce suit of [. j. Donham
against Lola a. Donham has been
continued at the plaintiffs request.
In the suit of the Chicago Lumber
Company against 0. b. Nichols, the
referee was given leave to file his re-
port as of this day.
In the suit of Il. L. Hart against c.
A. Tippie, wherein Hart was given
Judgment in November for S3l 10, on
motion of defendant judgment was
H.. ,,1ainfin uiNnn ten
days to file amended petition.
In the suit of j. w. Edwards against
the lola Gas Company, motion by de-
fendant to strike out certain parts OF
the plaintiffs reply wssoverruled, be-
cause filed out of time.
lola Gas Company VS. Frances Will
son, to prevent the collection of taxes
on increased valuation made by the
commissioners, demurrer to petition
filed.
Humboldt State Bank VS. Hiram
Armstrong. plaintiff given fifteen
days to file amended petition and aiii-
davit.
SATURDAYS PROCEEDINGS
The divorce suit of II. O. Dieuis
against Stella Dieuis was dismissed
at plaintiffs request, without preju-
dice, defendant to pay costs.
The Loudenback divorce case was
continued.
In the suit of Fl. f.. Burtiss against
the Lanyan Zinc Company, H. M.
Burtiss was made defendant in the
action and summons will be issued
for him. The case was continued.
The Bank of Allen county case
AGAINST w. II. Whitson was decided.
Court found for defendant, f. X. ray
Tor, and allowed him money and
custody. Half the costs to be paid by
Taylor and half by Whitson, except
costs incurred against defendants who
by terms OF their deeds from Taylor
acquire no interests in the oil or gas
under their lots. which costs plaintif
is to pay. This suit was in reality
brought To determine whether the man
who makes "a lease or the man who
buys the leased land shall receive the
lease money. Whitson leased TO the
Lanyon Zinc;Company, later Taylor
bought the land subject to the lease.
The Lanyon company paid the lease
money to the Bank of Allen county
and the bank brought suit to deter
mine to whom the money was payable.
According to the courts ruling, which
settles much-disputed point, the
money goes to the owner of the land
at the time Of payment of the money
The case OF w. j, Evans vs. T. j,
Staley is continued.
C. Lees claim against the lola
Manufacturing Company was allowed
for $3.50. 81, but he will receive nothing
until further order from the court, he
being "a stock holder.
Suit of G. NJ. Roscoe VS. a. Thomp
son, settled and costs paid, eXcep
witness fee of f.. Rush which was dis
allowed.
In the suit of Mrs. Hartman ant
Mr.. Bowlus against Lydla a. Temoei
Judgment was given for plaintiffs foi
$3.50 and costs,
MONDAYS S PROCEEDINGS
The city of lola is plaintiff in sui
now in the district court against n. f
Acres and +. j. Horton, to determine
whether there is a street or alley along
the east side of Rhoads' addition
Many old musty records are in evi
dence and the case goes back to th'
time the town was plated. Mr.. Rhoad
laid out most of the fourth ward as al
addition, and the city claims that tC
prevent people crowding his east lin'
of this addition, he left from the lant
he owned strip wide enough for {
street along it. The defendants claim
that he left but half street and tha
l.