The Leon reporter. (Leon, Iowa) 1887-1930, 1903-11-26
DISTRICT COURT NEWS.
Judge Towner Passes on Grand River
Town Cases--Other Cases Dis
posed Of--COurt Adjourns.

~S~YN sVVuVs uSSVO Vu VI 0uu N1VVI
Town Cases--Oth Cases Dis
posed Of--COurt Adjourns.
Judge Towner adjourned the Novem-
Der term of the District court Friday
afternoon, the term lasting nearly two
weeks, during which time q number of
cases were disposed of.
The names Of the parties indicted at
this term by the grand jury have been
made public, all of the accused having
been arrested and gave bonds for
their appearance at the nett term of
court to answer to the char ] of selling
liquor contrary to law at the town Of
Grand River. The men indicted were
George Overholtzer, Tom Clark, Walter
Case and dad" Ware.
Befor adjourning court Judge Towner
passed sentence on Jacob r. Wolfe, the
young man whom a jury found guilty of
assault and battery on w. Il. Simmer
man, in Long Creek township, Wolfe
being indicted on the charge Of assault
with intent to commit great bodily in
llury. The sentence was that he pay
fine OF 500 and costs. His ATTORNEYS
gave notice to appeal to the supreme
court, bonds being placed at $500.
In the case of L. L. Resseguie VS.. W.
ID. Young county treasurer, in which the
plaintiff sought to restrain the treasur
er from placing $4,000 assessment
against her on the tax books. the
result of tax ferret investigation, the
| court held that the treasurer had the
right to place the assessment On the
tax books. The question involved was
as to the date when the assessment
was placed on the books. the
decision being that it was within the
time allowed by law. There are similar
cases on the docket, and it is probable
THAT the decision in this case will hold
all Of them for the extra taxes assessed
against them.
In the case of j. E. and F. A. Green
land vs.. State Insurance Co., in which
case large judgment was obtained
against defendants for policy on the
Greenland barn which burned near
Grand River, and which has been
appealed to the supreme court, the in
surance company had filed motion for
new trial in the lower court on
the ground of newly discovered evil
dence, but after hearing the evidence
Judge Towner decided there was
nothing in it at all effecting the verdict
in the case and overruled the motion.
The numerous cases brought against
various flown officers of the town of
Grand River were all consolidated and
tried at this term. The court held that
| the action against Wood Binning.i in quo
warranto to GUST him as member 81
the town council was not legal and dis
missed the action. In similar proceed
lngs against Schuyler Young and Roy
Swltzet the court held that while they
We're not legally elected as members of
town council at the first meeting, they
were legally elected at the subseq uent
meeting, and should be permitted to re-
main on the council. In the case against
Jacob Switzer involving the trade of
10y owned by the town for one owned
by Switzer the court held the council
had the right to make the exchage, but
decided there was difference in the
value of the properties and orders
Switzer to pay the town $50, the costs
In this case being taxed to the town.
The court held in the case brought to
restrain Wood Binning from collecting
for bill Of lumber sold the town while
he was member Of the council, that
the sale was against public policy and
that Binning could not collect for the
bill. The defendant was given 10 days
to amend his petition and an effort will
be made to collect the bill in another
way.
Before court adjourned settlement
was made between the widow and con-
testants in the Irwin Gore will contest,
in which a jury failed to agree last
week, Mrs. Gore being allowed her
choice of 100 acres of land, taking the
homestead which is worth at least half
Of all the land and she also gets all
the personal property amounting to
between $4,000 and $4,000, the costs in
the contest to be paid by the contest
ants, Mrs. Brenizer and Mrs. Allen.
1t is conceded that the settlement is a
fair one to all parties and puts stop to
expensive litigation.
The following cases were disposed of
during the past week:
PROBATE.
| Guardianship of Della Acton. A, P.
Olsen appointed guardian ad Item, sale
ordered as prayed.
Guardianship of Blanche Gill. ]. f.
| NiII dPPolnueu SudfuldIl, DOnQ Sl,UUU.
Estate of Bertha Munns, annual re-
port approved.
| Guardianship Of f. J. Honnold, final
report approved, guardian discharged.
CRIMINAL.
| State VS.. W. G. Hamilton continued on
defendants motion.
! LAW AND EQUITY.
Sarah E. Sanger VS.. Melissa Riggle
ct al, final report of referees and dis
tribution approved.
| Iowa Savings & Loan Association vs..
Albert p. Russell ct al, default and de-
cree of foreclosure