The Oskaloosa herald., 1911-03-23

erton. He alleges that the defendant
is trying to levy on his land in order
to collect the Judgment. An injunc-
ton is asked restraining the defend
ant from committing the acts alleged.
Castle & faster and C. C. Castle
and Fl. H. faster were made defend
ants in an $4,000 damage suit filed
yesterday with the clerk of court by
Hirsch & Co. and Fred Hirsch. 1t is
the contention of the plaintiff that
| the defendants entered into con-
tract with him to purchase the stock
of the Bee Hive after he had reduced
lit by special sale. Hirsch claims
| that they refuse to fulfill their part
of the contract by taking the stock.
Damages are asked in the sum OF
$4,000.
In a suit filed Monday Attorney
John o. Malcolm was mado defend.
ant in suit filed by Chas. r. Brown.
Brown alleges that Malcolm collected
$4,000 in delinquent taxes from the
Gibbs estate for which he received
$500 commission. It is Browns con.
tention that Malcolm had no contract
with the county and was not tax
ferret. He asks that Malcolm's com.
mission of 5000 be returned for the
benefit of the county.
| Judge Talbot dismissed court ear
| ly Tuesday afternoon on account oil
the non-appearance of one of the
states witnesses in the Grant Brown
trial. Chas. Barrett, son of the mar
who was murdered last September
was in Moberly, Mo-, and as his tes
Etimony was necessary he was wired
to appear, His testimony was taken
| this morning The remainder of the
witnesses for the state are being ex
amined today. 1t is possible that
the defense will submit the testi
mony of their witnesses commencing
late this afternoon.
The following entries were made
yesterday in the court calendar by
Judge Talbot; ....
Will of VIM. Burnside; ordered
that probate of will be set fol
March %, on petition being filed
signed by widow and benefactors and
heirs of deceased.
Will Fox pleaded guilty to an in
dictment of malicious injury to pro
perry yesterday and was sentenced
to term of thirty days in the Ma
haska county Jail
Jane Chick ct al VS.. Charles A
Chick, administrator J. f. Lacey ap
pointed guardian ad Item for Ollie
Bell Chick. Report of referee affirm
ed. Sale of balance of premises or
dered
John NJ. Madison ct al VS.. James
G. Madison and Geo. w. Madison
Report of sale approved and confirm
ed. Deed ordered and approved. Re
| ferees allowed 5000 compensation
distribution of proceeds ordered after
paying costs.
Emma McCord vs. Geo. S. Prime
Tx. Judgment and decree ordering
executor to make deed.
NJ. J. Dixon VS.. Chicago Northwes
tern Ry. Co. and c. r. /. & p. Ry
Co. Settle and costs paid
Carl Johnson vs.. WI. Mahan. ID
c. Waggoner, Mccoy & Mccoy en-
tered their appearance for defend
ants.
Continuances were granted in
cases yesterday. These cases viii
come up for hearing next term. They
are: Thomas Davis VS.. Iowa Central
Ry.; John Veenstra VS.. &. r. |. &
p. Ry.; NJ. c. CriSpin VS.. c. w
George and Emma George; Sewers
Mfg. Co. VS.. Strouse Mfg, Co.; David
Gasaway VS.. Nancy j. Forney; j. A
Ruan VS.. Richard Owens and wife;
Joseph Patrick VS.. l.. A. Swearingen
| S. Kinkade VS.. c. II. |. & p. Ry.; l.
| l.. Hull VS.. Mrs. Carrie Adams ct al
r. II. Stringfellow VS.. J. x. Black,
! Ida Smith VS.. C. A. Abbott; Joe Bee
| son vs.. Ely Meyer ct al; Mary Seem
es VS.. E. S. Windahl; N. Wareham
VS.. Chas. Phelps; Hattie Van Voor
his VS.. C. A. Abbott.