The Princeton union. [volume] (Princeton, Minn.) 1876-1976, 1904-09-29

Nokes Attorney Goebel for Esther
e. Nokes, plaintiff, made a motion
for attorneys fees and the court al
lowed s25 and an additional SIS for
necessary expenses.
THE JURY CASES.
The first case set for trial was tn at
of F. D. McMillen VS.. NJ. S. Ruther-
ford, the case being a dispute in
land transaction and it has been On
the calendar for several terms, but
was finally pulled Off as starter for
the jury trials at this term. It was
called Tuesday morning, and after
jury had been drawn and evidence
submitted e. L. Mcmillan, attorney
for defendant, moved for a dismissal
on the grounds that the complaint did
rot justify a cause of action. The
motion was granted and the jury was
dismissed.
This made clear sailing for the
second case, that of Flossie Cater VS..
Robert H. Sleeves and Marion B.
Cater, VS.. the same party. There were
two separate actions, but it was
agreed to try the two cases together.
The plaintiffs are children of Mrs.
Robert H. Sleeves by her former hus-
band, Edward j. Cater who died in
November, 1888, leaving seven chill
dren, who were minors. The plain
tiffs brought suit through their attor-
ney, E. L. Mcmillan, for their share,
a one-ffteenth interest for each, in
the northeast quarter of section %,
town of Princeton, being what is
known as the Weinberg farm, over
which there was at one time litigation
between Weinberg and Sleeves. The
mother of the children was appointed
of the estate after the
death of her husband, and the estate
was probated, but the judgment of
the probate court in the matter of the
disposition of the property was at
tackled on the grounds that the sale of
the property was illegal and also the
decree of said sale, because there was
no notice by publication ever given
by the Administrative, as was ordered
by the court when license was given
to sell the property; neither was there
any oath of the Administrative fled as
required by law, and the judgment of
the court was entered and filed without
the proof of publication having been
made. G. A. Dickey and Geo. 81.
Reynolds, of St. Colud were the at
torneys for the defendant After the
evidence had been submitted and ar
guments made the attorney for the
plaintiffs made a motion that the court
instruct the jury to bring in verdict
for plaintiffs and the motion was
granted, the court instructing the jury
to that effect. Plaintiffs besides claim
ing the interest in the land also put
in claim for $500 each for damage,
and $500 for rents and profits from
their share of the land. There are
two other actions that have been be-
gun for interests they claim in the
balance of the property left by their
father. A stay of sixty days was
granted and it is said that Mr.. Sleeves
will appeal the case to the supreme
court:
The third case to be tried was that
of the Thompson Cattle Co. VS.. the
Foley Bean Lumber Co. It is an &C.
ton brought for damages resulting
from logging operations on Rum river,
the plaintiff putting in a claim for
damages because of the unnatural
flow of water in that stream, caused
by the operation Of the dams in the
driving season. The case was taken
up late Tuesday afternoon and
dragged along all day yesterday and
was unfinished when court adjourned
and the judge booked the attorneys
and the jury for an evening session.
The evidence was completed and the
case was given to the jury which re-
NAMED out all night and was looking
for more light this morning.
There are five other jury cases to be
heard in all probability, and if the
balance of the cases take as long as
the last case heard the calendar will
not be completed this week.
The action brought for libel by Rev.
D. P. DIN against Presiding Elder E.
G. Clemans, M. L. Germany and Rev.
G. S. Kathan will not be reached I'M
til Friday.
The case of Sophia B. Gonyea
against Harry Eberhardt of Milaca
for breach of promise was settled out
of court. Plaintiff brought an action
for $4,000, but when the case got to
the jumping off place plaintiff con-
cluded to settle for S75.
THE CRIMINAL CALENDAR.