Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-10-16
Final Day For Filing Brings
Out Large Number of New
Cases For October Term
MUNsoN- HUGHES CASE FILED
Long Expected Action, in Which Plain
tiff Seeks to Recover for Personal
Injuries, is Brousht-Ior. F. A. Tucker
Defendant in a Dana ge suit-klrs. X.
c. Roberts Wants a Divorce

The last day of filing for the October
term of the district court has had TIL,
effect of stirring up the attorneys who
are interested in Impending actions. ant
a large number of cases have beer
placed on the docket The mos inn
portant are two actions for damages
for personal injuries. One is brought
by Charles r. Munson. against Johr
NJ. Hughes, and the other by A. d
Shockley against F. A Tucker
The M,lnson- Hughes case has long
been expected, and is the result of an
injury sustained by Mr.. Munson last
winter supposedly during u friendly
scufiie with Mr. Hughes. The plain
tiff's petition alleges that on Feb. "a
1903, while at John Awde's meat mar
ket. the defendant came up behind the
plaintiff, took hold of him and, pushing
and tripping him. TIN ew him TO the
/ floor, resulting in his sustaining brok
! en-. sprained and brui sed wrist. The
/ plaintiff claims he was otherwise in
| jured by The fall. altho he used all due
care and caution to prevent any in
| jury to himself. The plaintiff Giles TO
the court that he is cripple, having
one leg off below the knee. and AYERS
that this fact was vel known TO the
defendant. Because of his loss of time.
las result of the injury. medical at
| tention. mental suffering and physical
! pain. he has been damaged in the sum
| of $1,000, and asks /; Judgment In that
amount
The Shockley- Tucker case is one liz
which the plaintiff asks damages III the
sum of $4,000 against I'r. +. A. Tucker
The plaintiff, A. ID. shoekley. claims
that he was a grocer clerk on July
|. 1903. when he employed the defen-
dant professionally His case was di-
agnosed and the defendant informed
him that he was suffering from an at
tack OF appendicitis, AMI that the N-ray
treatment would cure him. The treat
ment was given by the defendant, and
the plaintiff alleges that as
result he sustained deep and severe
burns, covering a large surface of the
abdomen, which. besides from causing
great mental and physical suffering
resulted in a general impairment Of his
health. He figures his oss of time and
suffering TO be worth $1,000. and prays
for judgment for thai amount.
Two Ask Divorces.
Two new actions for divorce have
been commenced. Mrs. Angle b. Rob
erts vs.. Kendall c. Rohert is the title
of one. The plaintiff AYERS that she
wa mn ri lad N Ia ;,, III.
county March 81, 1883 Crue! and in
the life of the plaintiff is alleged as
the cause for action The plaintiff asks
that she have custody of her two minor
children, Martin g. Roberts, aged II.
and Harold. aged 6. and that she be
given absolute control of the property.
Included in the realty owned by the
plaintiff and defendant, is farm of
sixtynine acres. the tile of which is |
in the plaintiffs name
The other case is the result of the |
proceedings co nnenced I'M this |
city by tho, state this week against John |
Y. Biyens. an Albion farmer. Mrs. Cor /
inthia Rivens. wife of he defendant In I
the state case. is plaintiff in the. ac-
ton for divorce. She alleges that she I
was married to the defendant al AL /
hion on Feb. 5, 1868. and lived with |
him until Oct. /. 1903. She alleges
cruel and inhuman treatment. to such I
an extent that her life was endangered.
and that he Is guilty OF the crime
of adultery, committed on Oct. 12.5 1903.
with one Mrs. MoIlie Mcintosh. and at
diverse ogher times within the past
three years. She asks an equity in the
property, including an Iowa township
farm, and the custody of her three
minor children, Maggie c., Estella Il,
and BERTHE w. Bivens.
Partners in a 'Nrangle.
II. d. East has commenced an action
against ]. p. Kirk and East & Kirk.
which shows the existence OF consider
able i'll feeling between the members
If the copartnership ,,he plaintiff al
eyes that the copartllership known
md styled as East & Kirk. was formed
Nov. 4, 1902. its business being the SELL
ng of vehicles. Gross misconduct in
business affairs, along several lines. is
alleged on the part Of the plaintiff
against the defendant, and the court
8 asked to take an account of all deal
ngs and business trar sactions Of the
lrm. that the property lights and cred
Us De established, and moneys col
eeted. after which the plaintii re-
quests he be given his proportionate
'hare. which he alleges he has not re-
,eived
Mr.. Kirk is made defendant in an
'ther case In which Raymond r. East,
on of the plaintiff in the above action,
plaintif. Mr.. East claims that on
'eb 1G, 1903, he purchased of Kirk
East. promissory note made by one
.. N. Spencer, dated Jan. 26. 1903. The
'ote was for $50, bear ng 10 per cent |
interest from date. On May 80, 1908,
he plaintiff sent the note to a bank
I Grand Junction, and by an oversight /
he remittance was made to East & |
>Irk instead of himself. He alleges Z
hat the defendant wroilgfully took the Z
raft, and obtained the cash for the {