Omaha daily bee., 1902-06-26
JUDGE DECIDES KELLER CASE
Holds Against the Son on All Points
in ~COntrOversy Over
Property.

Judge Wheeler in district court yester-
day handed down his decision In the suit
brought by Victor L. Keller against his
father, John Keller, and stepmother, Eliza
Keller, finding for the defendants, The suit
Involved rights to property in this city. In
GLIDING the Boston Store block, several
stores on Broadway, the Keller homestead
on Fourth street and a large number Of
lots throughout the city, the total value Of
which are estimated at between 500, 900 and
$50 900. Victor Keller sued for a two
thirds interest in the property and that
deeds made by his father conveying the
property to his second wife, Mrs. Eliza
Keller, be set aside on the grounds that
the same were obtained by her through
undue influence. The plaintiff is the only
son of John Keller, one Of the pioneer resi-
dents Of this city. by his first wife. In
nndins-for the defendants Judge Wheeler
also ordered that the title to the property
in controversy be quilted in Mrs. Eliza
Keller.
Judge wheeler yesterday overruled the
notion on behalf OF the motor company for
a new trial In the personal injury damage
suit in which Howard Ainsworth was given
q verdict for $1,000 and judgement was or
dered entered up against the company.
IN the suit Drought ny ~ IL hNanS "
restrain the city from opening an alley
north Of Broadway between Scott and Sixth
street Judge Wheeler yesterday granted the
application Of the plaintiffs for a writ of
ceftiorari requiring the city to certify its
proceedings in the matter to the court for
it's review.
Judge Wheeler found for the city yester-
day in the suit brought by the Iowa Mort
| uoOa and TruQf NOunnanv IN PaNOVQr dam
ages for the alleged encroachment on its
property near Thirteenth street by Indian
creek. The court held that the evidence
showed that the creek had been In its
present location at that point for the last
twenty years and more.
In the suit brought by ]. w. Hanna
against J. H. Turner, secretary OF the Board
Of School Directors of Washington township
to enforce the purchase OF $500 worth OF
maps, Judge Wheeler found for the de.
PENDANT, holding that the meeting at which
the maps had been ordered had not beer
properly convened, as at least two Of the
directors failed to receive notice OF Il.
In the appeal from Judge Aylesworth'i
ruling In the habeas corpus proceedings in
volving the custody Of little Myrtle Ten
nell. who was given over to the care OF he
grandparents, Judge Wheeler decided tina
the district court had no Jurisdiction an
that II was not the proper court to whicl
TO have appealed and therefore the appea
of the father, Benjamin Tennell, must b
dismissed.
City Solicitor Snyder yesterday hled a.
amended answer in the personal injur,
damage suit Of Mrs. Eleanor Rice agains
the city asking that the independent schoo
district be made a party defendant. Mrs.
Rice was thrown down an embankmen
while driving on Third street near the neN
High school building in the summer OF 1901
and on behalf Of the city II Is contende
that the school district had prior to the &C
eident removed dirt from the street an
thus caused the excavation complained Q
by Mrs. Rice as being responsible for tn
accident.