Omaha daily bee., 1906-09-25
CITY LOSES TAX FERRET CASE
G. w. Hewitt Files Demurrer, which
is Sustained.

Is Sustained.
In the district court yesterday the tax
ferret suit of County Treasurer Consigny
against @. w. Hewitt or this city was
decided in the latter's favor and thu costs
of the case taxed to the county Attorney
Hewett. as agent for ms aunt, Mra Felker,
resident Of Ann Arbor, Mich. was sued
for taxes op certain mortgages held by
Mrs. Felker, for the years 1895 to 1890, in
elusive Hewitt -demurred TO the claim
and the county treasurer confessed TO dis
miss as to the taxes for 1856. 1897 and 1898.
as these were barred by the statute of Inn
itations. AS to the taxes for the two re-
naming years Judge Macy sustained the
demurrer of the defendant and the plaintiff,
electing to stand on his original I'etliicn,
the case was dism; ssed ANA the costs texed
to Pottawattamie county. Hewitt con-
tended that he had merely "a power CT at
torney to release the mortgages when they
were paid off and that they were mover in
his possession so that ne could list tsem
for taxation. =
Anna L. Strong began suit for divor ce
from George w. strohg, TO whom she Was
married at Tekamah. Mob, October 10.
1886 She alleges that her husband de-
serted her October 3 1913 In addit on to
the divorce she asks the court TO decree
the title to their home TO Dc IN irer,
George A. Hoagland comm enced salt TO
establish a lien Of s1.240.70 ON the Good
rich hotel building recently completed at
the corner of Broad way and Eighth streets,
for material supplied. W S. Goodrich.
proprietor of the hotel. J. p. WeavsS. the
contractor: the Con3olida ed Construction
company. the First National bank CT This
city, the Fred Miller Brewing csmpaiiy OF
Milwaukee. and Swaine & Mauer OF this
city, are named as dcfe1don.s.
Former Councilman =. A.. Casper has
brought suit to enjoin the city from assess
ing or attempting to collect the assessment
for the paving opposite his property at
Ninth avenue and Third avenue. lie
also asks 81 900 damages for nuisance
created and maiptainea by the citydn front
of the property. The suit arises 3vtr the
construction of a crossing. placed after the
paving was laid. which Casper claims
throws the surface water and mud onto
his property.
The prisoners indicted lest week by the
grand jury was arraigned and ALL with the
exception of George Bishop, charged with
the theft of so from the residence of Miss
Avery, and Joe Bennett, charged with the
theft OF bicycle, the properly of Baxter
Green, entered pleas OF not guilty Pen
nett and Bishop admitted to the coni I tina
they had been rightly indicted. :.
All of the defendants were without cum
sci or means to obtain tie services CT same
| and Judge Macy assigned them attorneys
as follows: w. r. jackson, Attorney ].
]. Stewart; s. c. Whitaker, doe Der nett.
William Jacques. George Bishop Attorney
r. j. Organ; James Gardner Robert Will
liams, Attorney Gail Garretson; John John
son. Walter Monroe, G. Henry s. Smith,
Attorney Wadsworth; William Fry, Attor.
new f.. Schurz -
0. c. Carter has begun suit for divorce
| from Mabel c. Carter TO whom he was
married In Boone. Ia. March s. 1896 He
alleges that his wife's ungovernable temper
compelled him TO leave her Thursday OF
last week. He asks the custody of their
, 7-year-old daughter and the possession OF
about 5000 worth OF furniture and. house
hold goods now held by his wife AS he Ii
fearful Mrs. Carter may remove the fur.
niture out of the Jurisdiction OF the court
he asks that temporary injunction bt
issued restraining her from so doing.
The Epps divorce suit was by agreement
continued until next term. The charges Of
| perjury filed against Epps by his wifi,
and the similar counter charges filed
| against Mrs. EppA were ignored by tn,
grand jury.