Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1906-08-18
INTEREST EXCEEDS
THE PRINCIPAL
SUIT ON NOTE, DATED 1874, Is FILL
ED IN OFFICE OF CLERK OF
THE DISTRICT COURT

Last Petitions to Come Up During the
August Term Are Filed-Four Suits
for $4,000 Damages Against John M.
McEIroy.
From Fridays Daily.
The last OF the suits which will be
tried In the August term of court
has been filed. The most notable OF
the petitions filed late. yesterday after
noon in the office Of Edwin DUNCAN,
clerk of the district court, was suit
for judgment on a note in which the
accumulated interest amounts to more
than the principal.
Nathaniel Tway sues Cornelius
Tway on promissory note dated Feb
ruary 20, 1874. The petition states
that when the note was made the de-
PENDANT was a resident Of the state of
Ohio, but that soon after that time
and while the note was still collectlble
by law, he removed from that state
and has lived outside of it ever since,
being at this time resident of Wa
pello county.
The plaintiff states that the amount
now due on this note is 1885 and he
asks judgment for that amount.
Ask $1,000 Damages.
David NJ Reese sues the Phillips
Fuel Co. for damages to the amount OF
5000 for injuries alleged to have been
sustained by the plaintiff in the coal
mine of the defendant company while
the plaintiff was an employe of the
concern.
AS cause for action the plaintiff
claims that the defendant company had
failed to provide sufficient safety
catch for the cage operated in the
shaft of mine belonging to the COM
pany, and that it, the company, had
knowingly placed in charge of the en-
CINE used in the mine, an engineer who
was not experienced, competent or So
| Der.
The petition further states that on
March 10, 1906 while plaintiff was on
the cage, it was suddenly and violent
and that by reason of the shock sus-
tanned. the plaintiff was severely in
jured in his left side, back, ankles,
| huGS dlu lie pGLlIlOil SIdCSS
that as result Of such injury the
| plaintiff was confined to his bed for a
period of time and was unable to work
for three months For these causes
and for others resulting from the same
accident he asks $4,000 damages.
Petition for Partition.
George R. Evans has filed a petition
for partition against Alvin e. Davis
; and Clara B. Davis, in which the plain
tiff states that he and defendants were
, joint owners Of certain described real
estate. The plaintiff states that him
self and the defendant, Alvin E. Da
Wis, are each entitled to an individual
one-half interest in the real estate
That plaintiff and defendants are I'm
able to mutually agree upon divisions
thereof and that taxes for 1905 are I'M
| paid.
Wherefor the plaintiff demands
judgment confirming the shares Of the
parties above alleged, and that parti
ton be made to plaintiff, and Alvin E
! and for judgment, apportioning the
costs and attorneys fees as provided
by law; and that the court appoin
: referees to make such partition.
i Injured in Runaway, Wants Damage
Jacob Rush has filed suit agains
: William Hoogewoning, claiming tina
!, the defendant rented him horse
3 when he secured a rig at the barn o
the defendant, which was vicious ant
Y wild. Further the plaintiff states tina
II the defendant knew this horse to be O
vicious kind and that he himself dit
y not. The claim is made that soon afte
Rush had commenced the drive, tn
horse became frightened through n,
fault of the plaintiff and running away
threw the plaintiff from the buggy, In
juring him in the back, lower limbs
, hips, arms and hand. Because of thes
( injuries and the pain he has suffere
4 and the fact that he was deprived Q
the use Of his hand for several week
and is still deprived of it, he asks juds
ment for $1,000 damages.
MI AS further cause for action he state
that the defendant and his employe:
in placing pair of shafts in the bug
gy, did it in such negligent name
that the motion Of the buggy cause
the head of one of the bolts that hel
the pair of shafts to the buggy,
= come loose, allowing the shafts to dro
10 and frightening the animal. The pet
-, ton claims that this was caused
y the negligence of the defendant.
\ Suit For 5000.
a. Boon Baker has filed suit again
=. John NJ McElroy asking judgmel
% for $4,000 because of damage to h
;s reputation alleged to have been su
- tanned through a criminal action
:. which he was the defendant and M
- :; Elroy, the man who swore out the
- formation.
80 AS cause for action, the petite
a. states. the plaintiff has always bor1
a. good reputation and that as far as
40 knows his honesty has never be-
questioned nor has he ever be,
oy charged with any crime or often
81 against the laws of the state until t
W charge made by the defendant in t.
present, case.
The plaintiff states on July 90, 19(
the defendant swore out warrant {