The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1908-05-01
What is Doing in the Federal
Court; Calendar Light.
BIG SUIT OF VOLK vs.. HOERR
Several Actions Dismissed, Then
Others Continued and Some Set
tied by Stipulation.

From Tuesdays Dailv.
The April term of the United States
court convened at ten o'clock this fore
noon, Judge f. Garland of Sioux Falls
IS. d., presiding. Other court officials
present were Henry d. Lang of st.
Paul, clerk of the United States cir
cult court, Marshall Williams H. Grim
shaw of Minneapolis, Assistant District
Attorney Paul \. Ewert of Pipestone
and H. Harcourt Horn, the court re-
porter.
When the roll of the petit jury was
called. thrty-seven of the fifty-fi
men summoned answered to their
names. There was no grand jury
summoned for this term, as there was
no criminal business to come up. For
this reason District Court Clerk c. l..
Spencer did not come but what duties
there were to perform were taken care
of by his deputy. Miss Mamie Carlson.
Two Civil Cases.
The calendar was called and it de-
velopcd that there will be two civil
eases for trial at this term of local
interest, and both of considerable i'm
portance. involving the affairs of the
Widell Finley company. The following
disposition was made of the cases:
Yellow Medicine county bank VS..
Robert Burgess and others, dismissed
as per stipulation filed.
Carter Bros. VS.. the county of Fari-
bault. for trial.
Rose Blondel VS.. the Omaha road,
dismissed by the plaintiff.
William A. Funk VS.. Alexander
Lownsberry and others, motion by the
defendant to strike out the reply
and for judgement.
George w. Norman and others vs..
the International Construction com
pany and W. Mossman, not for trial.
United States vs.. Omoha road, to be
transferred to st. Paul.
. C. w. Hart VS.. Glenn H. Kohorst.
not for trial.
to be submitted later.
In re Cecil Sharpe, alleged bank
rupt, continued as per stipulation.
In re Catherine Sharpe, alleged bank
rupt, passed.
Henry W. Volk as trustee in bank
rliptcy of the Wideil- Finley company.
bankrupt. VS.. William G. Hoerr. Trial
by the court.
7. w. Schmitt, as trustee VS.. j..
Redding. settled and dismissed.
Father Henry Sherlock of ST. Clair
Swan Johnson. Frank Oscar Uppstrom,
Theodore Richard Reinke, Carl Robert
Bergmark and Ole Swenson were admit
ted to citizenship.
Carter VS. Faribault County.
The trial of the suit of Carter Bros.
vs.. Faribault county was taken up and
a jury secured. The jurors not. on
the panel were excused for the term,
as there was no more jury cases to be
tried.
The action is one brought to recover
something over $1,000 alleged to be
due on the contract of the plaintiffs
to complete a, county ditch. The coun-
ty pleads non performance of the con-
tract according to the plans and spec
ifcations. 1t is a question largely for
experts. and both sides have several
engineers and surveyors as witnesses.
The plaintiffs. F. p. and William Car
ter of Danvile, H., are present, with
their attorneys. Henry A. Morgan and
John +. ID. Mei9hen of Albert Lea
and Henry W. Volk of this city. The
attorneys for the county are County
Attorney Harry L. Bulls. Frank E.
Putnam and J. y. Nicholson of Blue
Earth, all of whom are present.
The only other case for trial is that
of Trustee NOlk vs. W. G.. Hoerr, to
recover $4,000 for the creditors of the
Widell Finley company, paid some time
before the firm was adiudicated bank
rupt to Mr.. Hoerr. then president of
the National Citizens bank. 1t is
claimed that this is recoverable under
the bankruptcy act.