The Oskaloosa herald., 1908-10-08
IN THE DISTRICT COURT
Disposition of Various Matters by
Judge and Jury.

Judge Preston is disposing of the
Don-jury business on the district
court docket rapidly and after next
week the jury business will be taken
up. Considerable time WIS taken up
Yesterday in hearing the testimony in
the estate of WEl. McQniston, Harry
McQuiston, administrator. The mat
Ter was not quite finished
After miscellaneous business this
morning a divorce case was tried,
Vera Garfield VS. Calvin M. Garfield
Attorney Gullies of Ottumwa appear
ed for the plaintiff. the defendant be-
ing in default. The plaintiff, being the
first witness on the stand, stated that
she is resident of Eddyville and has
been for more than ten years, al
though at present employed as teach
er in the Kirkyille schools. She
stated that she and the defendant
We're married on July 4, 1897, and
lived together as husband and wife
until March, 1906, when she raid he
deserted her and has ever since failed
TO furnish her support. Desertion is
alleged as the grounds for action but
from the plaintiffs action it appeared
that the defendant had not gene far
dyville for about a year, he in one
part of town and she in the other
She did not claim to have tried to in
duce him to come back as, she said
she believed it was best for MIN to
stay away II he did not love her any
more The court was of the opinion
that such actions would not substan-
tiatC the claim of wilful descrtion UNI
less the plaintiff had made some eff
fort to persuade her companion to-
return and live with her. Otherwise
he said the court would hold it to be
a separation by consent. Upon COM
plction of the hearing the case was
submitted.
The court granted a decree in -wo|
petitions for an injunction against
parties alleged to be conducting nul-
sances and in each instance ordered
the buildings closed and judgment en-
tered for costs including $25 attorney
fec for the county attorney. TheI
state of Iowa was plaintiff in each
suit and the defendants were Ed
Furnell and VIM. Hamm in one, and
John Williams and Sarah Williams inl
the other.
District court was reconvened att
900 o'clock this morning for theI
completion of non-jury business OIL
the term and the usual grind was
started at once. The cases on incl
docket are rapidly disappearing and
Hon. Byron w. Preston is makingl
the attorneys step lively TO keep thel
time occupied. The proceedings thus
far have been varied and a largel
quantity of miscellaneous business
transacted as follows:
State of Iowa vs. J. l.. Small; thel
sureties on the appearance bond to
keep the peace, released, the parties
having failed to appear and the de-
PENDANT was discharged
Willard Carver VS.. Sewers & Bry-
an ct al motion to rcIax costs sus-
tanned so far as to retax and strike
from the bill of costs, costs in the
supreme court taxed here in the sum
of S20.50, also witness fees taxed to
Gro. w. Sewers and P. Cad Bryan,
and $1.35 of fees to John O. Malcolm.
OVerruled as to fees and mleage OF
Hiram Colt. Both of the parties and
each of them except to the ruling so
far as adverse to them.
l.. M. Coulson ct al VS.. Mary IneZl
Coulson ct al, partition; default OF
}. T. Coulson, administrator; trial
and referee directed to apply on
Taylor of BEAR judgment book, sharel
of L. NJ. Coulson, and on such pay
m2nt lien released.
A. G. McMains VS.. John McMains, |
account; continued by agreement.
Geo. w. Sewers VS.. T. H. Fallon, in
junction; it appearing 10 the court
that the alleged nuisance has been
abat2d and the defendant has removed
entirely from the building, the cause
is by the consent OF the plaintiff dis
missed. Judgment against +. h. Fal-
lon for costs
Clarence B. Smith VS.. John Ulin ct
al, foreclosure; trial and judgment
against defendant, John Ulin, for
$500 costs and decree of foreclosure
and mechanics lien. $500 paid to
Woodruff to be paid to defendant.
Both except.
Nellie Jane Ward VS.. ID. A. Ward,
divorce; default of defendant, trial
and decree of divorce as prayed.
Michael Mcnamara VS.. Iowa Cen
trail Ry. Co, damages; continued by
agreement.
Rachel Ruan VS.. c. c. Cook ct al,
trial and judgment on
note, interests costs and attorney
fees, clerk assess. Decree correcting
description and of foreclosure. Plain
tiff given leave to amend petition by
bringing in new parties and contin-
ued as to them.
Adelia B. Davies VS.. S. w. Clark,
ct al, damages; plaitiff's petition for
more specific statement as to first
ground of motion, sustained. Condn.
ucd on application of defendant
]. T. Elder VS.. l.. S. Thomas, writ
of error; defedant's motion to strike