The Oskaloosa herald. (Oskaloosa, Mahaska County, Iowa) 1885-1919, 1908-12-17
IN THE DISTRICT COURT
Disposition of Various Matters By
Judge and Jury.

! Considerable time Tuesday was
occupied in the trial of the controver.
sy in the Estate of VIM. F. West, dcd.,
Grace West, admrx., upon the objec-
lions to the final report. Many pecul.
lar circumstances developed when it
appeared that the executrix, widow
of the deceased, had paid out consid-
cradle sums of money without any or
der from the court. Objections were
also made that many of the sums
paid were excessive. The deceased
met his death three or four years ago
on the railroad and the widow had
settled with the railroad company for
81 500 and had taken the life insur-
ance money and had not given addi-
tional bond as the court held she
should have done as executriy. The
outcome was that Judge Clements sus-
tanned the objections in part and dis
allowed some of the claims itemized
in the final report, leaving them to
be paid by the executriX individually.
The court took occasion to criticise
|
connected with the case for what he
considered to have been undue care
lessness.
| A writ of temporary injunction was
granted by the court in the suit
brought by e. l.. Valentine VS.. John
Russell, Curtis Russell, Alexander Rus
sell, Thos. Russell and May Russell
The defendants it is alleged rented Mr..
Valentines farm during the past year
but made final settlement during the
month of November and since that
time have torn down fences to make
a driveway through the fields and
otherwise damaged the property. The
injunctio restraints them from doing
further damage and was issued upon
the plaintiffs filing bond of $3.50.
Lee Davis VS.. Minnie J. Davis, di-
vorce. Upon the motion of plaintiff
his cause of action as alleged in his
petition is reinstated as though no
dismissal had been entered. Trial
commenced.
Ethel Forsythe VS.. Edmond @. For.
sythe, divorce; plaintiff dismissed her
action at her costs and judgment is
entered against her for costs If not
paid during term.
Oskaloosa Savings Bank VS.. Oscar
Reed and Addie M. Reed, foreclosure;
motion of Oscar Reed to strike amend
ment overruled and the defendant o.
car Reed given leave to withdraw his
n Tn hn
pose of filing demurrer and the de-
murrer was overruled. Addie MReed
dismisses her cross petition without
prejudice and judgment against Addie
M. Reed for costs on cross petition If
not paid during term.
Guardianship of Minor Heirs of Gys-
bert De Jong, dcd., Adriana De Jong,
gdn.; final report approved and
guardian discharged and sureties re-
leased as towards Peter, Jacob and
Mary De Jong.
Estate of Gysbert De Jong, dcd.; f.
nal report approved and executrix dis
charged and sureties released.
Laura A. Hostetter VS.. Jacob Hos
letter ct al, partition; clerk ordered
to appoint appraisers.
John Decker VS.. G. Van Hemert,
notes; settled and costs paid.
In the injunction suit of J. d.
Broyles VS.. J.'W. Shelby, in which the
plaintiff was granted a writ of tenn
porary injunction restraining the de-
| PENDANT from selling the crops on
his farm until he had given security
| for the rent; all exempt property was
| released from the power of the writ
of injunction.
Kate Wilson VS.. Con Wilson, di-
yorce; by agreement of parties attach
ment on property is released and the
garnishee is discharged and by agree
ment defendant is to pay plaintiff
the sum of sos as temporary almany
by Dec. 16, 1908.
c. N. Cox VS.. Henry Krizer ct al,
note; dismissed and costs paid.
The Kemper Thomas 60. VS.. S.
Hammond. accoun; defendant given
| till Dec. II to file answer.
The trial was begun Monday even
| ing of the divorce case of Ellsworth
Hill VS.. Sarah Hill.
Estate of VIM. Barrowman. decd.
Richard Barrowman, ex.; final report
approved and executor discharged
and sureties released.
Estate of Benoni c. Howell, decd,
Clarence A. Howell and Emma j.
Bryan, ex.; final report approved and
executors discharged and sureties
released.
Estate of Frances Cordelia White
decd, d. II. Dinsmore, admir-; cos,s
of citation to be taxed to administra.
tor individually and notice of final
report to be given.
Estate of w. ID. Carter. decd, j.
M. Carter, admir-; final report ap
proved and administrator discharged
and sureties released.
Guardianship of Odessa e. and
Chester Francis Graham, minors, e
e. Graham. gdn.; final report ap
proved and guardian discharged and
sureties released as to estate of Odes,
sa Il. Graham.
Guardianship of minor heirs of Su
sannah Craver. decd. Joseph A. era
yer gdn.; final report approved and
guardian discharged and sureties re