The Oskaloosa herald., 1909-03-04
In THE DISTRICT COURT.
Disposition Of Various Matters by
Judge and jury.

Tvs. John l.. Love, contract; default oil
defendant, trial to the court and jndg
Iment against defendant for $1,000
land costs accordingly
| Alma johnson VS.. Archie Sidersi
mote; continued by agreement.
]. c. Hanna vs. w. P. Cleaver ct al,
llaw; dismissed by plaintiff and judg.
Iment against him for costs If not
Ipaid.
John EDavis VS.. julius Newenhouse,
attachment; settled as per stipulation
land judgment for costs.
Francis Perry ct al VS.. c.. B. & @.
Try Co, damages; dismissed by plain
tin without prejudice and judgment for
costs.
Michael Mcnamara vs.. iowa Central
| Ry. Co., damages; continued by agree
ment.
In the Matter of the Application of
IC. w. Moore, a Registered Pharma-
cist, for Permit to Sell Liquor; dis
missed by applicant and judgment
against him for costs.
E. G. Miller VS.. Iowa Central Ry.
Co., damages; continued by agree,
ment.
]. E. Sinpkins VS.. o. H. Russell,
quiet title; plaintiff dismisses petit
ton and defendant dismisses counter
claim and Judgment against plaintiff
for costs.
Inh 7 -.
defendants motion for more specific
statement heard and sustained and
plaintiff excerpts. Plaintiff given leave
to amend petition by April /, 1909.
Elizabeth NJ. Kaschewski VS.. Fred
erick Kaschewski, divorce; motion to
set aside default overruled and de-
iendant excerpts. ..,....
Lena Wymore VS.. Calvin Wymore,
divorce; continued for service.
Andrew Fehd VS.. City of Oskaloosa,
damages; plaintiff given leave to file
trial notice at least ten days prior to
March S, at which time it is subject to
assignment.
State of Iowa VS.. Frank Dougles, in
|dictmen+; demurrer heard. 's
Western Grocer Co. vs.. A. .. Schip-
fer, garn. in same VS.. T. J. Fitzsim-
mons, garnishment: original Judgment
having been paid, cause stricken and
|garnishee discharged. -
ID. C. Dwyer VS.. R. NJ. Boyer, admin
istrator, garn. in same vs.. Sam Furs-
|tenburg, punishment; garnishee dis
charged and hereafter omit from dock
let #.ass
A petition has been filed with the
clark of the district court by Neeltje
Van der TUX, Elko Van Houten and
VIM. Van Houten VS.. Syke Van Hou-
ten, asking for partition of the
property left from the estate of Henry
Van Houten, deceased, whose will was
set aside in the court last term.
BY special agreement the assign
ment of cases for trial was moved up
one day and all other matters having
been disposed of, the suit of Mrs. AIDE,
liza B. Davies VS.. R. A. Kent and Geo
Andrews, an action for $4,000 dam
ages for alleged malicious prosecu
ton, was taken up, this morning. At
torneys S. v. Reynolds, John Mccoy
and L. t. Shangle appear Tor the plain
tiff and Lacey & Lacey and Burrell &
Dewitt for the defendants. A jury
was drawn this morning. a
The members of the jury before
whom the case will be tried are as
follows: J. H. Allen, Union; d
Bloom, Oskaloosa; J. A. Brown, Mon
| roe; Segel Busby, Union; N prt Ora
ham, Pleasant Grove; John Nelson
Spring Creek; Clark Richardson
Black Oak; John Shoemake, Oska
loosa; Fred Smith, Union; Ira Thorn
as, Monroe; d. E. Whitehill, Union
/ J. w. Woods, Union. The opening
statements of rhe case were made a
200 o'clock this afternoon.
A jury was secured at noon Thurs
day for the trial OF the damage suit
of Mrs. Adelia Davies VS.. r. A. Kent
and George Andrews for malicious
prosecution, and at 2 O'Clock IN the
lafternoon the opening statements o.
1.-The case were made by Attorney S! v
reynolds for the plaintiff and Jas. A
dewitt for the defendants. The entire
lafternoon was occupied with the open
ling statements and the evidence II
1.-THE case was not opened until this
morning. In the opening statements
1.-THE attorneys outlined what they viii
lattempt to prove by testimony durini
1.-THE trial. The plaintiff, Mrs. Davies
lresided IN Oskaloosa for four or fiv'
Years, coming here as an instructor il
1.-THE oskaloosa college. She was late
lemployed as an instructor at TIN
Central Holiness University and a
Header OF the choir at the Contra
Methodist Episcopal church, at tn
same time giving private music les
sons at her rooms in the Wighttnal
building at the corner of High ayenu
least and Second street The defend
liant K. A. Kent, is member of tn
hoard OF trustees OF the Central Meth
Iodist Episcopal church and In tina
ioficial capacity had something to d
with the employment Of the choi
llearer. The defendant George Ar
ldrews was formerly a constable in tn
4 :. = "a