The Oskaloosa herald., 1908-11-26
NTHE DISTRICT COURT
Disposition of Various Matters By
Judge and Jury.


Judge Preston expects to adjourn
the district court this afternoon for
the term and in consequence or that
fact much miscellaneous business
was brought up for disposition today.
Several criminals were sentenced
this afternoon. -
Yesterday was the last day for filing
of cases to be tried during the next
term of court, which opens December
LIST, and several new cases were filed
as follows: ais ....r .-..-. ..-l.
Grin Lyon VS.. Geo. and l.. F. Okey,
note, FIT. Nash, attorney; Ida M. Var
ham VS.. A. N. Wetherwax, note, ]. c,
Heitsman, attorney; M. b. johnson
VS.. w. S. and Alice Bland, equity and
foreclosure of chattel mortgage, IT.
wing Johnson attorney; Grin Lyon vs.,
Elmer e. and Hattie Van Voorhis,
account, F. T. Nash, attorney; Grin
Lyon VS.. ]. w. and Eva Morgan, ac'
count, F. r. Nash, attorney.
Four Injunction Suits.
County Attorney John G. Williams
injunctions against persons alleged
to be selling Intoxicating liquors in
Jefferson township, Mahaska county,
contrary to law. The several defend
ants are Ed Lawson, VIM. Gordon,
Vic CappaIlin and Jack Smith.
~ Action to Recover Money.
sn-J!a e. Davis, through his attorney,
d! c. Waggoner, has brought an &C,
ton in the district court to compell
John Laughlin, W., d. Odem and Dav'
i'd Morgan, trustees, and J. w. Nc
Crea, clerk of West Des Moines town
ship, to pay back certain sums of MOI
ey alleged TO have been paid out from
the township treasury contrary to
law. The plaintiff states in, his petit
{ ton that it, is unlawful for the town,
tship trustees to pay out, of their funds
, by warrant 10 one, of their members
any sum for road work or to pay out
of their funds any amount for attor-
ney fees or litigation. 1t is also stat
ed in the petition that the defendants
ordered the payment by warrant to
work and other sums, aggregatfng
about $102.30, to J. C. Williams, John
F. Lacey and others for attorney fees
and court costs in certain litigation
All of these payments it Is alleged
were made contrary to law, wherefore
the plaintiff prays that the defend
ants be required to replace said sum
in the township fund and be required
to make full settlement for all money
paid out for attorney fees and litiga-
ton in the last year and that he be
granted a writ of injunction to pre-
vent the illegal disbursement of town.
ship funds, and that he also be granted
d writ of mandamus to enforce the or
der of the court. ..-.---.... .-.
Back Taxes on Fair Grounds.
C. B. Mccullough and ]. H. Harrison
through their attorneys, Burrell &
Dewitt, have filed a petition for tenn
porary writ of injunction against
County Treasurer George Thompson
to stop him from offering for sale at
the tax sale the, section of real estate
known as the Mahaska county Fair
Grounds. The plaintiffs claim in their
petition that the said real estate, prior
to the year 1908, belonged to the Ma
haska County Fair Association and
was used for agricultural society pur-
poses and was not leased nor used
for pecuniary profit and was therefore
exempt from taxation under the laws
of the state. IL is stated that ,le
plaintiffs held a mortgage on the prop
erty, which is less than 100 acres,
and upon the foreclosure of their
mortgage they were given a sheriff s
deed to the real estate on Feb. 6,
1908. On May 10, 1908, it is claimed
that the county treasurer assessed
against the property omitted, taxes as
follows: 1904, $150.64; 1905, $154.56;
1906, STATE; and $780, $179.2U, and
that he has now threatened to offer
the said property for sale at public
tax sale unless the taxes are paid.
The plaintiffs claim the assessment is
illegal and void and ask for a perma-
nent injunction to prevent the assess
ing of the taxes for the years when
they claim the real estate was ex-
empt.
Damages Are Demanded.
Con De Moss, through his attorneys,
Thomassen & Yer Ploeg, has filed a
petition with the clerk of the dis
trict court against Denny Roberts, in
which he claims damages in the sum
of $500. For cause of action he
claims he was driving on the public
road near Pella on Oct. Z, 1908, when
the defendant carelessly drove his
team so that the two collided and the
plaintiff claims his horse was dragged
so as to be of no value since that
date.
cCc0NDARY SCHOOL