The Oskaloosa herald., 1909-12-02
IN THE DISTRICT COURT
Disposition of Various Matters by
Judge and Jury.

district court today. Among the cases
disposed of were the following:
| VIM Moody VS.. Mahaska coShty,
damages; motion for new trial, over
ruled
! Ollie Oldham VS.. Gertrude Oldham,
partition; objections to report of re-
| ferees overruled and their report is
confirmed and decree of partition ac-
cordingly and referees allowed $500
each as compensation in addition to
expense Plaintiff given sixty days
to file bill of exceptions and appeal
bond filled at $1,000.
Mary G. Mccall VS.. Charley NJ. Nc
Call, divorce; plaintiff given leave to
amend petition.
John C. Gable VS.. Otis Nugent, con-
| tract; plaintiff given leave to file
substituted petition.
r. A. Tennis VS.. Nettie e. Tennis,
divorce; supplemental decree to the
effect that the plaintiff shall not take
the two Oldest children, given to his
| custody, from the jurisdiction of this
court and defendant shall at AL
feaSOudDle lllleS pe pei .hittcu v
visit said children.
June l. 1910, has been set as the
limit, witain which time the city OF
Oskaloosa must abate the alleged sew
er nuisance on the Carrie ]. Fuqua
place southeast OF the city, for which
she was granted damages during the
last term OF the district court. The
petition of the plaintiff. filed by his
attorneys, S. V. Reynolds and j. {.
Williams and c. c. Orvis, asking for an
! Injunction against the city restraining
| them from maintaining the alleged
nuisance and ordering them to abate
| it within the period of six months, was
granted by Judge Clements in the dis
! trict court Monday. The language of
! the order, which was drawn up by the
plaintiffs attorney and signed by the
court reminds the reader in some re-
spects of The manner of language used
during the last municipal election cam
paign. 1t refers to the defendants
attorney as Hon. Horace William Glea-
son and states that The Court furth-
er finds that Lewis Mixer Bacon is
| the mayor of the city of Oskaloosa and
tina: Marion Jacob Cruzen James Craig
Hanna, John Louis Milligan, Frank
! Wellington Glaze, William Randolph
Campbell and James w. Laffollett are
city councilmen for the said city"
Fehd Judgment Reduced.
! Upon the motion of the city attor
ney, the Judgment against Oskaloosa
in favor of Andrew Fehd for the sum
| of $500 for an alleged sewer nuisance
! east of the city, was reduced by Judge
Clements TO $3.50 and the plaintiff CIV
en- the choice OF accepting the reduced
| judgment or standing new trial. The
reduction was accepted and the clerk
| of the court ordered to pay to Attor
neys Phillips, $50; H. W. Gleas-
! son, S40 and II. H. Sheriff, $76.66, be-
! ing their attorneys liens upon the
! Judgment, together with the costs in
! the supreme court, which amounts are
! to come out of the $3.50. The plaintiff
will have little or nothing left when
the costs and attorneys fees are paid,
so it is claimed, as the case was tried
once before and appealed to the SUI
preme court where the costs we're as
sessed to the plaintiff and the case
sent back for a re-hearing in the dis
trict court.
Receiver Appointed.
In the equity case Of c. F. Kenney
VS.. E. B. Lane, the application for re-
] M tn1 hy.f ha t-f nd
F. E. Green appointed receiver, to give
bond in the sum of $500.
Interstate Mfg. Co. Enjoined.
Minnie Anderson was granted an in
junction against the Interstate Mfg.
Co. and an order compelling them to
provide for a drain or water trough
to conduct the rain water from the
roof of their new building so that it
will not flow onto the plaintiffs prop
eTty, southeast of the Rock Island de-
pot. The order was made after the
Judge, by agreement OF both parties,
had made a personal inspection OF the
conditions complained o..
Judge X. z. Willcockson arrived in
Oskaloosa Tuesday noon and convened
the November term OF the Mahaska
county district court at 1880 O'Clock.
The bailiffs appointed by Sheriff ValeD.
tine for service this term are Ed
Parks, court bailiff, and Joe Fisher,
grand jury bailiff. The first regular
cal lof the probate docket was made
yesterday and miscellaneous entries
made in the civil and punishment
calendors. An order was made for
the drawing of thirty additional petit
Jurors. and these, as well as the regu-
lar jurors, were ordered not to report
until Monday, Dec. 20, instead of the
9th as formerly oordered The grand
jury is being empaneled this after
noon.