The Oskaloosa herald., 1909-04-22
In THE DISTRICT COURT
Disposition Of Various Matters by
Judge and Jury.

township upon the petition OF Nelson
let al for the construction OF a ditch
land dyke to drain certain lands near
the Des Moines river, occupied the at.
tention of the court two days last week
land at the conclusion of the evidence
Judge Preston took it under advise
Iment
Court convened at 8 O'Clock this
morning for the transaction of miscel
laneous business, a motion for more
SPECIFIC statement filed by the defend
ant in the damage suit of E. G. Miller
VS.. the Iowa Central Ry. Co.. occupy
ing portion of the time.
The petit jury was ordered to report
at 1880 o'clock this afternoon and ten
cases were assigned for trial at that
hour, the court having the opinion that
out of that many he could find one
lease at least which was ready for
trial. Judge Preston is making a
Istrong fight against delays in the dis
Itrict court procedure and experience
has taught him that too many cases
are knocked out of the assignment on
the day set for trial, leaving The court
and jury without work for the day
The last session of court he held here
he made an assignment of six cases on
the first day the jury was called and
Ievery one of them was taken from the
Jury. So he laid aside an abundance
,,of material for today, as follows: Mi
|chael Mcnamara VS.. Iowa Central Ry
ECo, damages; V. e. Hamilton vs!Board
Eof Review of the City of Oskaloosa,
Iappeal from tax assessment: G. b.
ROW VS.. c. w. Jones, damages; Bar
bour, Younkin G Rugg VS.. Joe Carr ct
al, foreclosure; Clara l.. Long vs.. Del
ma Samuels, damages; Ralph |. Little
Tvs. James j. Burrier, contract; Lee
Shaver VS.. Jedd D. Minor, damages;
J. S. Oldham VS.. John Love, account;
EW. l.. McQuiston VS.. VIM. C. Gochee
ct al, account; J. o. Singmaster VS.. J.
~. Burrier, account.
The April grand jury is still at work
Investigating the allegations of crime
lin Mahaska county and they are not
yet ready to make any report. The
line of their investigations is not
known, but large numbers of witnesses
have been examined and it is certain
that hey are getting busy" in several
directions. Itsis possible that they
will not make the usual trip to the
county farm this term on account of
the bad roads and the fact that the in
stitution has recently been examined
by both the grand jury and the board
of supervisors and found to be in ex-
cellent shape
Judge Preston succeeded in dispo5-
ing of the ten jury cases which he had
assigned for trail in two days, con-
Guiding that it was better to let the
jury go home than to kill time for a
few days in looking for case to try,
he excused them until next Monday
and made heavy assignment for next
week to keep them busy for few days
at least Six Of the ten cases on the
assignment were either tried or settled
and the damage suit of G. B. Row VS.
&c. w. Jones was continued until Mon
day. Non-iury civil and probate bust
mess will occupy the attention of the
court the remainder of this week.
A jury was drawn Tuesday for the
trial of the replevin suit brought by
VIM. Hesse VS.. James Wesley, a con-
stable at Buxton. The trial came to
a rapid end, however, when the plain
tiff accepted in open court the trans
fer offered by the defendant of one
bay mare, blind, one mule and one
double set of harness, which was ad.
mitted TO be the property of the
plaintiff.
| w. G.. Wilson VS.. l.. A. Dillon CT al,
injunction, default of L. A. Dillon
and dismissed by plaintiff as to Mary
Dillon. Trial and decree of injunc-
ton as prayed to l.. A. Dillon and
judgment for costs and attorney fee
of s25 for plaintiff. e..
Sarah NJ Dilley VS.. Chas A. Dill
ey ct al. partition; report of sale APP
proved and confirmed, deed ordered
and approved
Ralph l. Little VS.. James Burrier,
contract, ismissed for wan. of prose-
| cution
|
County, account; dismissed by plain
tiff without prejudice and Judgment
against him for costs If not paid dur
| ing term.
Geo. W. Williams VS.. Edna e. Mey-
ers ct al, quiet title; ]. S. Horner VS..
]. NJ. Robinson, quiet title; Austin
Howell VS.. Henry Farnum ct al, quiet
title; Chas. E. Zollers VS.. Unknown
Claimants ct al, quiet title, and G.. A.
Farmer VS.. ]. C. CulDertson ct al,
quiet title; default OF defendants and
DEGREES as prayed at costs of plain
tiffs in each case.
Gysbert Vos VS.. J. H. Phillips, dam
ages; defendants demurrer to petit
ton overruled and he is given till
Monday noon TO plead further
John Purdin VS.. W. III. Wright,
admr. ct al, equity; settled and costs
paid.
2. T. Pointer VS.. Mahaska County,
damages; defendants motion for
more specific statement overruled.
J. f. Fleener VS.. VIM. Martin ct al,
contract; default of defendant and