Twice-a-week plain dealer. (Cresco, Howard County, Iowa) 1895-1913, 1910-10-14
Proceedings of the October Term Of
the District Court.


The case was holly contested and at
tracted a good deal of attention. II. A
Wells of Jamestown township was fore
man of the jury. Cutting & Pergler ar
peared for Despard; c. w. Reed and L
A. Church for the defendant. At tn
conclusion OF the trial the jury was di:
missed from further service.
Other cases were disposed OF as follows
Sophronia Davis ct al VS.. Flora Per
ry ct al Ordered that referee pa
funds arising from sale of real estat
to clerk Of the district court for dis
tribution. Referee to be notified b
sending registered letter to his las
known postottice address.
John Mckone VS.. George Smith
Withdrawn.
O. G. Watros. VS.. w. H. WINNER
Withdrawn.
International Harvester Co. VS.. Wi
liam Benson. Withdrawn.
First National Bank of Lime Spring
VS.. j. r. Baldwin and Fred Baldwin
Answer withdrawn Default againS
defendant Fred Baldwin for want OF
pleading. Judgement in favor Of
plaintiff and against Fred Baldwin fol
$92 40 with s per cent interest from
Jan. 4, 1909, and costs.
C. p. Nash VS.. C. W. & st. P. Ry.
Co. Settled.
T. S. Carpenter VS.. Howard County.
Case withdrawn without prejudice.
Mary Wheelock VS.. James Burns,
Charles Burns, Edwin Burns, J. H.
Burns. Executor ordered not to dis
pose of real estate described in will of
deceased until further orders of the
court.
C. F. Robinson vs.. Estella Carpen-
ter. Defendant given ten days to
amend answer. Plaintiff to COM
plete and file testimony by November
l, 1910. Defendant to complete and
file testimony within 20 days there
after. Rebuttal testimony to be filed
by Dec. l, 1910.
Ellworth J. Donaldson VS.. w. w.
Hungerford. Default against all de-
PENDANTS. Decree quoting title in
plaintiff.
j. H. Luers VS.. John Miller. With
drawn.
Fred C. Bergen VS.. C. M. &. St. P.
Ry. Co. Settled.
Adam thinner VS.. J. d. Lyon. Con-
tinued by consent
George Il. Drake VS.. A. M. Pike.
Writ of error sustained for the reason
hat the justice of the peace permitted
the introduction of oral evidence upon
he trial to contradict written lease
,r contract. Case remanded for trial
upon five days notice by either party.
Judgement for costs of this action
ordered taxed against the defendant.
M. Bednar VS.. Jerome c. Nichols
Defendant given 20 days to amend
answer.
James Hendricks VS.. Joseph Briggs
and Isabel Briggs. Plaintiff granted
leave to file amended answer and sub
stitute petition. Default against all
defendants. Judgment against Joseph
Briggs for $670 with $3.50 attorney
fees. Decree of foreclosure and sale
as prayed.
Benjamin Jones vs. Jane Ann Roberts
and H. Roberts, her husband. Settled
in accordance with written stipulation
on file.
Horton Bros. VS.. c. V. Summers and
Hannah |. Summers. Judgment for
defendant Hannah |. Summers for
costs. Attachment discharged as to
her. Adjudged that she is the owner
of the printing outfit in controversy
and has been since prior to the removal
of said property to Lime Springs.
T. j. Tomas & Son VS.. Ed. w. Will
liams ct al. Settled in accordance with
on file.
RiceviIe State Bank vs.. l.. C. Rey-
nolds. Continued for service.
Thomas Granular VS.. Charles Brat
ner Settled.
E. X. Thompson VS.. Richard Kirby
ct al. Decree quieting title in plaintiff.
T. E. Glass VS.. r. w. Despard,
(Thomas Hooper, garnishee.) Motion
to discharge attached property as en-
empt overruled. Motion by defendant
for more specific statement sustained.
w. G. Lenth VS.. Thomas Frankson
Settled.
William Groth vs. Jacob Iryin. Adj |
Judged that plaintiff is owner and en-
titled to immediate possession of books
of account described in petition. Judg-
ment against defendant for costs.
c. A. Marshall VS.. Hattie w. Mar
shall. Divorce granted.
A. w Wheeler VS.. Annie l.. Wheeler
and c. d. Wheeler, her husband.
Settled and attached property released.
J. A. Case vs.. John Mcdonald ct al.
Title quoted in plaintiff.
Margaret Thayer VS.. George CroXtOn.
Temporary injunction made permanent
in accordance with written stipulation
n file.
Leonard Rayburn VS.. Joseph N. 3.
Elliott ct al. Default against all de-
PENDANTS except those under disability.
Title quoted in plaintiff.
Application of +. {. Richmond for
permit granted.
II. II. kuddy VS.. james Green. Con.
.inucd for service.