Twice-a-week plain dealer. (Cresco, Howard County, Iowa) 1895-1913, 1903-12-22
Proceedings Of the Decemberm Term
Court,
Continued from last week. J

Court.
Continued from last week.
i David Swartz vs. Albert Volbrech t.
Dismissed by plaintiff.
| Matthias Biwer vs Stephen Kinney,
Ann Kinney, and William Kinney
Settled and costs paid.
| f d Elwood vs ] Elwood.-By
consent continued.
| Robert Templeton vs. E G Rich
mond, ct al.-Submitted with the fol-
lowing case under same order.
| &c Wegand VS. q o Richmond, ct al.
Ito be distracted and submitted Is
abstracts and written agreements and
submitted and decided In vacation as
of last day Of this term.
Anna Clynch VS. Incorporated Town
OF Elma-Def't's motion that the
court direct the jury to return YER
dict for def't sustained. Judgment
and verdict for def't for costs.
Meyer Land Co vs. John Steinman-
Submitted to jury. Judgment and
verdict for def't for costs. Motion
for new trial overruled.
Thomas G. Robinson VS. Bertha Rob-
inson-Dismissed for want of prosecu-
tion.
James Casey VS. Dan Conway-Def't
takes leave to file amended answer.
Continued on motion of plaintif and
plaintiff's IS costs.
Hollister Lumber Co vs. Caroline
Ernst ct al-Default; judgment for
plaintiff for s104 so, int at per cent
and costs; decree establishing and
foreclosing mechanics lien as prayed
in the petition. No personal judg-
ment against any defendant.
Jacob Smith VS. Dan Murray-Set-
tied at plaintiffs cost.
| Joseph Huber VS. f. d. Elwood-
Def'5 takes leave to file amended and
substituted answer. Plaintiff takes
leave to amend petition. At close of
plaintiffs S testimony deft's motion
asking court to direct a verdict for
defendant sustained and verdict ac-
cordingly; judgment and verdict for
defendant for costs.
James Vondro VS. Incorporated town
of Eima- Continued by consent.
Iowa-Minn Land Co VS. Mary E
Riley-continued by consent.
Ratcllffe VS. e 8 Woodward
Dismissed bccaure of failure to file se-
oY1 1rt fnr f.
\ term.
I - sfur gurvu DruunEr VS. Michael BrOn.
ner-Dismissed by plaintiff.
L T Woodcock VS. William Burke
Default; judgment for plaintiff. for
S2l9.78, intat 6 per cent, and costs
Above default and judgment put
aside on account of lack of proper ser.
vice.
Marshalltown State Bank vs. Ed
Doyle and Mary Doyle-Motion for
more specific statement sustained.
By consent plaintiff to have Is days
to amend petition.
Catherine Montague VS. Joseph Mon.
tague-Question as to whether an at
torneY fee can be taxed as part Of
costs submitted to the court, and ad-
judged that atty fee cannot be taxed.
Plaintiff excepts. Continued.
Shaffer Bros. VS. Knute Peterson ct
al-By consent judgment for plain
tiff against def't Knute Peterson and
Anna Peterson for sl7O, int per
cent, atty fee $3.50 and costs. De-
cree of foreclosure and sale as prayed
In petition. Mechanics lien for $3.50
int at per cent, established in favor
of G E Ratchford, def't, the building
described in his cross petition, with
leave to remove the building within
80 days.
William f Baker VS. Daniel Meyer
ct al-Judgment for pl'f against
defS's Sarah Y and Samuel Kellow for
sl399 6s, int at per cent from Nov.
Ii, 1908, and attorney fee of
s54, and costs. Decree of FORE
closure and sale as prayed in petition,
1t is adjudged that the def't Daniel
Meyer is unmarried and that there III
no such person as Mrs. Daniel Meyer.
Frank Hrdina VS. John Lukesh- Set.
tied and costs paid.
Sarah Combs VS. Rachel A Serfass
ct al-Default. Decree for plaintiff
as prayed in petition at plaintiff s cost
and in payment Of costs.
William Krell VS. The Chickasaw 90.
Farmers Mutual Fire Ins Company
at close of testimony deft's motion
asking court to direct verdict for
def't overruled. Motion of plaintiff
asking court to direct verdict for
plaintiff sustained. Judgment on YER
dict for plaintiff for $3.50, int at 8 per
cent, and costs. Def't excepts.
Hoilister Lumber Go vs. Malek &
Tonjum ct al-Continued for service.
William Hoy VS. Polly A Hoy-To
be left off docket until further order
OF court, by consent.
Hackett Welther & Gates Hardware
Co VS. Patrick Noonan-Default. Judg-
ment for plaintiff for s63.73, int at 8
per cent, and costs.
D M Osborne s. Co VS. w S Reihl-
1t being shown that def't has been
adjudged a bankrupt, for that reasen