Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1907-05-10
Supreme Court .Affirms Judge
Caswell's Action in Dissolv-
ing Injunction
DOES NOT END LITIGATION
City May Proceed to Condemn Right Of
Maintenance of Dam Not Already
Vested, But Probabilities Are Fight
viii Be Continued ~ Decisions in
county-Lippinoott and kempe Cases

case with g. w. LaPSant, by decision
handed down by the supreme court this
morning, in which tho case appealed by
Mr.. LaPlant was affirmed. Two other
decisions from this ,.ounty have been
given, the cases being those of Mar
shall county, appellant, VS.. Lippineott'
guardian, and Kenre, appellant, vs..
Bennett & Binford. The Lippincott
case was affirmed, and the Kempe case
reversed.
In the LaPlant- City, case G. w. La
Plant, in January. 1905, brought an ac-
ton restraining the city from proceed
Ing in condemnation Of a right to
maintain dam over the Iowa river at
Center street, insofar as that right was
not already vested III the city. Judge
Burnham issued a temporary restrain
ing order against the city, which also
prevented the sheriff and his jury. al
ready selected, from proceeding in the
condemnation.
The city then filed a motion to dis
solve this injunction, and on Jan. 10,
1906, the late Judge .Caswell sustained
that rnotios. LaPlant appealed to the
supreme court, and now the higher tri-
bunal affirms the order Of the lower
court dissolving the injunction. This
gives the city liberty to proceed to
condemn the right to maintain the
dam, after the thirty days wherein the
appellant has opportunity to file q Pc
tition for a'rehearint,.
While the city has won an important
point there Is no promise that the ltti-
cation is at an end, for the proba hAi tiles
are the fight will be continued.
County.ie Beaten.
The case OF Marshall county, appel
liant, VS.. Lippincott, was brought about
eighteen months ago. and tried before
Judge Caswell a year ago last Febru-
airy, having been one Of the last cases
the judge tried in this county before
his death, w. r. Lippincott Of Dillon,
as guardian Of Michael Carmody. for
twenty six years past an inmate OF the
county farm, was made defendant in
LIZ ouAS A1ltht ~ cSt Sloi hSo Ny tA0 SVAAA-
tyi to secure from trust fund held by
Mr. Lippincott for his ward, a sum
Of a little over 900, which the county
thought was due 1t for the care of
Carmody. The defense held that a
verbal contract had been entered into
between Mr. Lippincott's predecessor
and former board Of supervisors, to
the effect that Carmoiy was to be en-
ployed at the farm, al nd that his work
should be considered as payment for
his support. This agreement was con-
ceded by the defendant to have been
in force only UP to within the last two
or three years, and for that time Lip
pincott rendered. before the suit, the
sum of 1920, which lie admitted was
due the county for Carmody's sup-
port while he was not working. The
board held that there had never been
any formal agreement between the
supervisors and Car1nody's guardian.
and that the records OF the board
showed no such agreement as claimed
by Lippincott. The court entered
Judgment for the plaintiff county in the
sum Of S120, the amount of the tender
made by the guardian, and the county
appealed. The supreme court now
holds that this tender and Judgment
was sufficient
kempe Secures Reversal.
The case of Herman Kempe VS..
Bennett & Binford wa, reversed by the
supreme court Thursday afternoon.
This is an action in which Kempe
claimed fraud on the part of the de-
PENDANTS in real estate transaction,
in which Bennett & Binford traded
quarter section OF North Dakota
land for Kempe's equity in the old
savory hotel property on West Main
street, now the property Of G. T. La
Plant. Kempe claimed damages in
the sum of $1,000, but at the trial, be-
fore Judge Caswell, the defendants
were given a Judgment for the costs.
Kempe appealed, and by securing the
reversal brings the case back to the
lower court for retrial. s.