Little Falls herald. [volume] (Little Falls, Morrison County, Minn.) 1889-1950, 1907-03-29
COURT MAKES RECORD
Calendar Practically Clear
For First Time in
Many Years

afternoon, after being in session nine
teen days.
For the first time in many years the
calendar is practically clear. the very
few cases continued being entirely at
the request of the attorneys concerned,
and not IN any way due to the presid-
Ing judge.
years to ticish the jury cases at the
regular March term and put off the
court cases until later, causing special
sessions from tine to time. Judge
Taylor's idea is that it is better for
the taxpayers and for litigants to have
all the cases possible decided at the
regular term, avoiding the expense OF
extra journeys. and loss of time, etc.,
on the part of litigants and counsel,
caused by special sessions. Therefore
Judge Taylor insisted on getting
through with the calendar and for the
first time within q great many years,
the regular session ends with a calen-
dar practically clear. County Attor'
ney Cameron co-operated in this res
pect, bringing all the county cases
possible to trial. The result is a great
saving of time and expense for all
concerned.
I Judge Taylor won the highest opin-
ions Of all counsel and of lltigants,
for his fair, impartial and careful ru]-
ings. The new judge in every respect
fulflls the best traditions Of the bench
as to learning and ability, and all who
have observed his conduct feel sure
that the Seventh district is very for
tunate in It's successor to Judge
Searle.
/ The case of Ole 81. johnson vs.. Har-
rison & Peterson and Morrison county
was the first to come up for trial at
the convening Of court Monday after
noon. In this case plaintiff sues fer
$500 damages alleged to have been
done on his farm by overflow uf the
Little Elk river. which, plaintiff
alleges, was caused by the waters of a
large drainage ditch, constr ucted bv
the defendants, emptying into the
Little Elk. This drainage ditch,
known as the Cluogh town ditch, has
been the cause Of quite little trou-
BILE, during its construction, to all
concerned.
The overflow of the Little Elk, in
August 1905, after a heavy rain, did
much damage to Mr.. johnson 8
hay crop ard land and it is the plain
fiff's claim that the ditch was respon-
silo for it, and he introduced evidence
teading to show that the Little Elk
had never before overhowed us banks
in August.
| The defendants claim that at the
tine the damage was done, the ditch
WAS uot vt completed and that the
extra flow OF water from 1t would not
eject the stage of the water In the
Little Elk to any great extent. They
also Shaved that the Little Elk had
overflowed its nanks at certain seasons
before the ditch was completed.
Much evidence was brought up By
both this plaintiff and the defendants.
No arguments vera made and the
briefs.
The case Of Simon Kasella vs.. Jos.
Dahmen ct al was settled out of court.
| This WAS case ir which an inj1nc
tion to restrain the defendants from
foreclosure OF chattel mortgage was
asked for by the plaintiff, also that
| Judgment be gi7en him compelling
the csncelling of certain notes by
the defendants.
The case Of F. ". Lyon VS.. Morri.
| son county was next disposed of.
Tais is anothor case that bears 90 the
| Clcugh town ditch and is brought on
| for the cCllecticn ct pay fer services
rendered the comfy whsn an injunc
tion stopping the work on the ditch
was gotten out. At the meeting in
January of tee county commissioners
tha bill for s105, prasented by plaintiff
was allowed, but payment was
stopped later On AID the plaintiff then
brought action foG recovery Of the
same. After little consideration the
court allowed the plaintiff. the full
amount of this bill for the services
rendered.
; The divorce case of Mithilda A.
Lind vs. John Lind was next taken uI
ty the court. In this cass. which is
brought on the grounds of cruel and
inhuman treatment. plaintiff asks
the custody of the four children, born
of the union, be given to her, and
that $500 alimony and $15 q month for
the support Ct herself and children be
given to her. The couple were mar
ried in st. Peter in 1891 and came to
Elmdale some years ago where they
have lived together until July 1905.
The testimony having been all taken
the court took the case under advise.
ment until the valae of certain lands
could be found out.