Webster City freeman. [volume] (Webster City, Hamilton County, Iowa) 1884-1946, 1911-09-26
IOWA FALL EDITOR
IS INDICATED.
Iowa Falls Newspaper, Sued fc:
$4,000 Damages by Wisner
Estate, Wins Case.

9IV,UVV Os1ld6eS w WASAcA
Estate, Wins Case.
Editor 4. A. Nichols of the Iowa
Fails Citizen, who was. sued fol
SANDER by G.. III. and L. ]. Wisner
Iof Eldora, claiming damages in the
sum of $4,000, has been vindicated
LIN the district court held in Eldora
during the past week. The case has
ATTRACTED considerable attention all
over this section Of country. Bro.
Nichols. in his paper published
yesterday, says Of the case:
The damage suits against this pa
| per have attracted considerable att
ltention throughout the county and
perhaps elsewhere. The first en-
counter in court came Monday over
Ia motion by the attorneys Of this pa
1per to strike out the vital parts in
| the petitions Of the plaintiffs. Judge
Wright gave his ruling Tuesday
morning. The following from. an Ell
dora correspondent states the status
quo on Tuesday morning as we'll or
better than we could state It:
I'm the suit brought by Gilman
H. Wisner and Lois ]. Wisner. OF
this city, against Ira A. Nichols. ed
I itor Of the Hardin County Citizen,
Of Iowa Falls, for damages in the
sum OF $4,000 each, Judge Wright
in the district court sustained vital
points in motion Of the defendants
attorneys to strike from the petition
certain portions thereof.
"The plaintiff in each case sought
to recover in one count for damages
| to the person, because of alleged Ii
/ bel. and in another count damages
for Islander OF property. The mo-
ton sought to strike from the petit
ton all references to the property
of the plaintiffs and the damage
thereto. This part OF the motion
was sustained. i
'The court also sustained that
part OF the defendants motion
which sought to have stricken out
the part Of the petition which Is
Technically called the inuenGo,
which means the explanatory part
thereof, the object Of which is to
connect the plaintiff with the alleg-
ed libelous article-in other words,
to show that the article complained
or referred to the plaintiffs.
"The court sustained these por-
lions Of the motion and strikes out
the vital parts thereof"
The plaintiffs had until Wednes-
day noon to replead. which they did.
coming into court with additional
legal talent. but pleading practically
the same points over again. just
changing the minor details. for in
stance lowering the amount from
$780, 900 to $4,000. The arguments
on the so-called amended petition
came up yesterday morning, at the
close OF which Judge Wright turned
to the attorneys for the plaintiffs
and said In substance that he had
given these cases careful attention
and that he had decided that there
was absolutely no libel in them, and
the motion of the attorneys for the
defense to strike out their new
pleading was sustained.
If there is any further moving,
we presume that 1t will be to ap-
peal to the supreme court.
There are some points with ref
erence to these cases that are worthy
OF consideration
The writer would be an migrate.
II II he did not appreciate the almost
universal public sentiment and sym
pathy OF the people OF this county
In favor Of this paper. There has
been no opposition, aside from few
enemies, enmities by the way. bas-
Iod, not on merit or demerit. but on
politics or ill-feeling toward Iowa
Falls. However, such opposition
found so little ground upon which 10
stand that 1t just skunk away into
the dark and silent recesses OF the
jungle.
The writer would also be an In
crate II he did not appreciate the.
fidelity. work, and interest OF the
attorneys who have handled our
cases. They have been just as anx-
ious to win as the writer and have
left no stone unturned from the boz
ginning to the final ending. wher-