The Oskaloosa herald. (Oskaloosa, Mahaska County, Iowa) 1885-1919, 1908-12-24
I'm THE DISTRICT COURT
Disposition Of Various Matters by
Judge and Jury.

The court Friday finished the hear
ing in the injunction proceedings of
C. B. McCulloch ct al vs.. George
Thompson, county treasurer; and af.
ter taking the matter under advise
ment Judge Clements granted a de-
cree in favor of the, plaintiffs and
against the defendants for costs. This
grants the plaintiff writ of injunction
restraining the county treasurer from
assessing taxes against the old Fair
Grounds properly for the years be.
fore the present owners gained posses
sion Of it. 1t is said that the defend
ants will take an appeal to the su.
lpreme court.
Judge Clements has filed his decree
| in the Estate of VIM. F. West, dcd,
which came on for trial Dec. Is on
the objections to the final report Of
the widow. Grace West, as administra-
ltrix In the decree 1t Is stated that
the Administrative Is chargeable with
the sum of $1,000 received from the
Iowa Central Ry. Co., due the estate
Of w. F. West, which was received in
August Of 1906. Out of this amount
the widow paid numerous amounts
and in her final report she gave herself
credit for such payments In accounting
for her disposition of the $500. The
court, finding that the Administrative
had paid claims without their having
been filed or approved by the court,
disallowed many of them, but allowed
the remainder after the trial. The
total of the claims disallowed was over
$3.50. The claim of the administra.
trix Tor 500 as compensation was dis
allowed entirely and only 500 Of the
$3.50 alleged to have been paid for a
tombstone was allowed. A receipt for
500 as attorney fees was filed as a
claim for that amount but the attor-
ney, when on the witness stand, hav-
ing testified that he only received $25
claim for that amount, but the attor-
as fees in the estate, only that amount
was allowed. Judgment was entered
against the administrative for the
costs of the contest and she was or.
dered to give additional bond in the
sum of $1,000 or deposit remaining
funds in her hands with the clerk, or
show cause why she should not be con.
sidered in contempt Of court.
| Other Cases.
Roy E. Dilley VS.. Ollie Viola Dilley,
divorce;' default of defendant for want
of answer on file. Trial and decree
for plaintiff as prayed and judgment
against defendant for costs. Plain.
tiff to advance costs before decree is
entered. ~ s.'
State VS.. John McGrail, transcript;
dismissed by county attorney
State vs. Dan Hays, continued for
Judgment. - u ... .-.,.4
| State VS.. VIM. Gordon; continued for
Judgment.
State VS.. s. Lawrence; o. C. G.Phil-
| lips appointed to defend and defend.
ant is arraigned and says he is In.
dicted by his correct name.
State vs.. John Bell; dismissed by
county attorney for reasons on file.
State VS., Chas. Dewitt and Fred
Pyle, indictment; Fred Pyle appeared
before the court to show reason for
not making the required payment in
settlement of case as required by
court and he stated that he had paid
the money to his father and that the
latter had lost 1t, whereupon the de-
PENDANTS father was ordered to pay
the money over to the clerk of court
next week.
Probate Cases.
Estate of W. F. Blair, dcd., Amanda
A. Blair, ex.; notice of final report to
be given ten days prior to January 4.
Estate of B. F. Terrell, dcd.; execu-
trix given leave to amend report and
such report to be filed Dec. Is. This
cause assigned for hearing Dec. o..
Estate of Rompeer R. Hendon, dcd.
widow allowed $3.50 for fir styear's sup.
port. .~ ..-.
John P. Jarvis VS.. VIM. NJ Jarvis
and Francis NJ. Jarvis; on reading Pc
tition it is ordered that w. N. Wright
be and is appointed temporary guard
ian of property of defendant and that
he give bond in sum of $1,000.