The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1911-11-30

Asi Instructions ~ tav Jury 70 hrin
IN . serdie, lee the Omaha Whole
sale atm, The eVust readesod ii =,
elston on a point OF law. holding tha
tAe signed agreement in which IN,
defendant had agreed 10 take car,
! ct Ss,oeo Indebtedness OF Il. c ltar
Ney. and which he acknowledged I,
Aave signed. Was good. and that IA,
: plaintiffs had shown no deceit i,
their efforts 20 have get the sigma.
ture of MIR. kimble To the agreement,
The verdict Mil require the payment
OF $1,000 b, Mr.. kimhle TO thv
Wholesale company. Preston, Mag
ner Il Tym am Attorney Keller APP
peared for the Smith Co., and I. j.
spangler for Mr.. kimble.
Heard Divorce Cases
IN the evening 4 session OF court
Was held to hear the divorce cases
Gu the calendar. of which there are
fifteen. A decree was granted to
Mrs. Edith Jensen on the ground of
cruelty. Carl \. Fidroen sought a
separation from Mrs. Agnes Fidrroeff
on the ground OF descrtion aud auul-
terry. The decree was granted.
Jacob Boyer brought suit against
Mrs. Christine Boyer for a decree to
separate their married life. Boyer
in his complaint stated they were
married at Loveland, Colo, Feb. 30,
1905. that fraud was perpetrated up
on him in the consummation of the
marriages: that he was cajoled and
toaXed TO marry the defendant by
her mother, and that they were mar
ried after a courtship lasting about
a week: that on Aug. 20, 1905, a
child was born to them, of which he
claimed he was not the father ond
that he was ignorant OF the condi-
ton of the when he married
her; that she had declared to him
that she did not love him any long
er, in fact hated him and loved other
men much better, especially the man
who was the father of the child; that
she threatened to leave him unless
he left her. Boyer stated he had
lived in Mitchell for the past four
years. The court granted the de-
cree on the ground OF desertion and
adultery.
This morning while Judge Smith
was seated in his office Jacob Boyer
came in and spoke to the presiding
officer of the court, who asked il
there was anythings he could do for
him. You gave me a divorce last
night" said Boyer. Yes" said the
judge, II know that 1 did, Well"
said Boyer. 81 would like to get Il
license 'fWhat for" said the court.
II want TO get married again" The
court directed Boyer to the clerks
Office where lie could get the docu-
ment that would give him an oppor-
tuni:y to try married life once more,
and he ,bclieyed this time he would
be moro SUCCESSFUL i'm selecting
helpmate.
The fourth case up was that of
Mrs. Blanch Lowell VS.. Ross A. Low
ell, the wife seeking separation on
the ground of desertion and, nom
support. In her complaint Mrs.
Lowell stated that several years ago
MIR. Lowell wanted to sell their
property and move out TO Tacoma.
Wash, where their daughter lived
She agreed to the sale of the prop
and after it had been accom-
plislled she went TO Tacoma, and Mr..
Lowell was to follow. She waited
in vain for him to come, and finally
she returned to this city, but that
her husband declined to live with her
Or provide for her. The court issu-
IL the decree on the ground OF de-
Milwaukee Case Settled.
The first case for the court this
morning was that Of w. Z. Frank
IS. the Chicago, Milwaukee & st.
Paul railroad. Frank brought suit
the company to o the /,
oss of a carload Of horses, which he
shipped from Plankinton to
Sioux City. Enroute the car caught
ire and burned the horses. Before
he case had been settled out OF
for NJ. Flank, stated that
he case had bee nsettled out of
'ourt. and that the company paid j
he plaintiff $500 to cover the loss {
.ntailed. I
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