Omaha daily bee., 1902-12-21
new MOVE IN CUPPY CASE
Motion Filed in District Oonrt to Dissolve
Temporary Injunction.
INSANITY BOARD ASSERTS JURISDICTION
Claim is Also Made That Cuppy is
Mentally Incapable of Bringing
the Injunction Proceeding Of
His own Motion.

A motion to dissolve the temporary in
junction restraining the Board OF Insanity
Commissioners and others interested in
the case Of the alleged insanity Of w. B..
Cuppy OF Avcca from taking any action in
the matter has been filed in the district
court and will be heard by Judge Green, or
such Judge as may preside on January 6.
In answer to the Allegation that the
commissioner for the insane have no jur-
isdiction east Of the west line OF range 40,
the line which divides Pottawattamie
county into two divisions, 1t is claimed on
behalf OF the board that 1t has jurisdiction
over the entire county. Further, it Is
claimed that while the suit in the district
court in Avoca, which Is pending, is simply
an action for the purpose OF obtaining a
guardian for the property and person Of
W. B. Cuppy, the question which the
Board OF Insanity Commissioners is called
upon to determine is that whether the
plaintiff, w. B.. Cuppy, is a fit subject for
commitment to the State Insane asylum
and has no reference to the civil action
now existing in the district court and in
no way interferes with the Jurisdiction or
finding of the district court, and conse-
quently there can be no conflict Of juris-
diction.
On the other hand, Mrs. Susan A. Cuppy,
wife OF w. B. Cuppy, In support of the mo-
tion asserts that her husband is OF I'M
sound mind and therefore in the eyes OF
the law incapable Of making suit in his
name. On behalf of the other defendants
named in the injunction proceedings It is
claimed that they have done the best they
knew how for the interests of Cuppy and
his wife and allege that Cuppy's attorneys
brought the injunction suit with the sole
purpose Of making fees, as they have
knowledge of the fact that w. b. Cuppy
was not OF sound mind and incapable of
bringing any such action in his own name.
The suit is attracting more than ordinary
interest owing to the prominence of the
Cuppy family in the east part Of the
county.
William T. Cochran filed suit for divorce
in the district court yesterday from
Gretchen Cochran, whom he married July
II, 1890. HC bases his suit on charges OF
cruel and inhuman treatment and alleges
that his wife is of ungovernable temper,
and that not only on one occasion did she
stab him with a table fork, but that on
another she tried to decapitate him with an
axe. Trying to live with her, he claimed,
made life too strenuous, and for this and
other reasons he would prefer that the
court grant him a divorce.
Pottawattamie county Is made defendant
in a suit for damages brought in the dis
trict court yesterday by Edward Holden,
+. Zimmerman, J. L. Miner and Henry
Dohse, all residents Of Lewis township.
The plaintiffs, who are farmers, allege that
the construction of certain bridges, known
as bridges Nos. /, 2, 3 and 4, over Indian
creek east OF Lake Manawa, is such that
in times OF high water the bridges act as
dams and cause the water to overflow on
their lands. Holden and Zimmerman each
ask $1,100 damages, Miner $1,000, while
Dohse would be content with $500.
Fine line Of box stationery at Morgan
4 Dickey's, 142 Broadway.
"