The Oskaloosa herald., 1908-12-10
in THE DISTRICT COURT
Disposition of Various Matters by
Judge and Jury.

The seventh day OF the December
term of the district court was con
vened this morning by Judge Glenn
ents and the trial of the divorce case
of Jennie VS.. w. e. Paradise, which
was commenced Tuesday evening,
was continued. A number of witness.
es from Barnes City were examined.
A settlement was reached in the
case this morning and the witnesses
returned home at noon.
In the suit for foreclosure of a
mortgage brought by Catharine Moore
VS.. J. e. Crandall, the mortgage in
the controversy was executed for
money loaned to Mr.. Crandall by Mrs.
Moore in March, 1907, and not as ali
mony to Mrs. Siddie Crandall. The
judge has taken the matter under ad-
visement and has not as yet an
nounced his decision.
Considerable time Tuesday was &C.
cupied in the trial of the suit of It.
Long & Sons VS.. John Fenwick ct al,
an action to foreclose on a chattel
mortgage The motion of the de-
PENDANT to strike from the reply was
! overruled and his motion for a more
specific statement was sustained as
to the first ground, but otherwise
overruled. After the plaintiff had
been given leave to amend his reply,
| the trial was had to the court and
judgment was entered dismissing the
plaintiffs petition upon it's merits and
| judgment against plaintiff for costs
| and defendants counter claim dis
allowed.
Lulu Howell vs.. Carson Howell,
equity; decree of divorce for plain
| tiff as prayed and for alimony and
judgment against defendant for costs.
Estate of Peter Emmert, decd; an
swer to claim of T. B. Emmert with
drawn and his claim allowed in the
sum of 800. Report approved and dis
| tribution ordered.
Estate of Francis w. Mccall, decd.
partial report of administrator ap-
proved and administrators bond re-
| duced to $500.
Estate of BENZ. Slemmons, decd;
executor authorized to execute mort
gage for sum not to exceed $3.50 at
not to exceed 6 per cent interest
One Indictment Published.
One of the six indictments returned
| by the December grand jury has been
made known as the defendant is now
in custody in default of the required
bond. s. Lawrence has been in
dicted for malicious injury to build
| ing The incident referred to in the
indictment occurred short time ago
when Mr.. Lawrence was arrested for
thu owing a stone through the window
Of the Turf saloon on West High
avenue.
Interesting Point in Law.
An interesting point in law was
| raised in the district court last week
| during the arguments made over a
motion filed by the appellee to dis
miss the case of Ernest Norman VS..
H. S. Davis, an appeal from a justice
court. A judgment was rendered
against the defendant in the sum of
$25 in the justice court and he,
through his attorney, David c. Wag-
goner, appealed to the district court.
w. r. Nelson for the plaintiff filed a
| motion for dismissal on the grounds
that the amount of the judgment was
| too small to warrant an appeal under
the law. The statute reads that the
| amount of the judgment must be In
excess of $25, but Judge Clements
| held that the interest which had oc-
Cured, together with the Judgment,
was sufficient to legalize the appeal
and ne overruled the motion to dis
misr, &c.
| New Cases Filed.
The Oskaloosa Traction & Light Co.
has taken an appeal to the district
court from the findings of jury in
| Squire Woodruff's court last month
| in the case of J. ~ Head VS.. the Os-
| kaloosa Traction & Light Co. The
| controversy arose over claim for
| damages claimed to have been sus'
tanned by Mr.. Head in collision in
which he alleges the street car ran
into his horse and buggy, due to the
negligence of the employees of the
railway company. The jury in the
lower court allowed the plaintiff a
judgment of $35.
The case of Clarence e. Hatchett
VS.. the C. B. & Q. Ry. Co., which was
tried last month in justice Woodruff 8
court and a judgment entered against
tho defendant, has been taken to the
district court on q writ of error filed
| hy the defendant railway cnmnanY