East Oregonian : E.O. (Pendleton, OR) 1888-current, 1906-06-26

Judge w. r. Ellis is now engaged
as much as possible before retiring
from office on Saturday. and has just
disposed Of many cases that have been
pending for various lengths of time.
Yesterday afternoon several decisions
of importance were given, and numer-
Gus smaller cases concluded.
W. & c. II. Wins Over West.
In the case of Peter West VS.. the
Washington & Columbia River rail-
road, Judge Ellis decided in favor Of
the railroad company. The case in
wolves the title to the vacant block OF
land just west of the present w. & C.
r. passenger depot. 1t has been in
court for some time, and it may be-
carried to the supreme court.
The w. & C. r. at one time con-
templated erecting a passenger depot
upon the block and would doubtless
have done so had the land not been
involved in litigation. The case for
the railroad company was conducted
by Carter, Raley & Raley.
In the case of the Buffalo-Pitts Co.
VS.. Balcom & Buzan, Judge Ellis
overruled a demurrer filed by defen-
, dant's attorney.
Rules Against Warehouse Company.
One OF the most important decisions
given was denying the request of 5ie
Pacific Coast Elevator company that :
T. II. Thorne, T. ]. Morris and E.. W.
McComas be required to interplead in
case against the company which in.
&lA are1,f nf yuh
stored at Yoakum station last falla,
Though the amount involved in the
suit is small, the outcome Of the case
| is awaited with interest by the farm
ers and warehouse men of the county,
| because similar cases, though involv-
ing much more, may arise in the fu-
ture. ~
Last fall A. Belknap stored in the
Pacific Coast Elevator company's
| warehouse at Yoakum 223 sackzs oG
wheat. Belknap was a tenant for T.
H. Thorne and a short time after
wards Mr.. Thorne brought suit against
the elevator company TO repIevissd AZ
portion of the wheat, claiming it to
be his. Meanwhile Belknap had dis
posed of his warehouse receipts to T,
J. Norris and E. w. McComas. of this.
city. Mr.. Morris then began action.
against the company for conversion,
and the same was threatened by Mr..
McComas.
In behalf of the warehouse comua-
ny A. d. Stillman, attorney for the
same, filed papers asking that the
three parties be required to inter-
plead in suit against the company.
However, in his decision yesterday,
Judge Ellis denied the same, holding
that since under the statutes the ware
house receipts are negotiable, the
company is not entitled to have their
request granted 1t is probable that
the case will be carried to the SUI
preme court.
Despair Estate Must PAY.
A decision was also given Yesterday
IN case against the Despair estate
which has been pending since the
Wade failure. The suit was brought
by ]. s. McCloud to collect $1,000 and
interest due upon a note which was
given the plaintiff by the Despatns
through C. B. Wade, trustee. In the
suit Mrs Lima Sturgis was named as
a defendant, as she also had a claim
Tor sl246 against the Despair estate.
In the decision given yesterday a.
Judgment was given in favor OF Nc
Cloud for $1,000, with interest at per.
cent since June 25, 1908. Also. the
plaintiff was allowed the sum of $500
as attorneys fee. Judgment in favor
OF Mrs. Sturgis was given for the,
amount Of her claim plus interest and
S125 attorneys fee.
In the above sase Balleray & Nc
Court represented McCloud; Judge
James A. Fee, Mrs. Lima Sturgis. while
HALEY Lowell and Carter RaIey
& RaleY renresentah tho nornni