The true northerner. [volume] (Paw Paw, Mich.) 1855-1920, 1912-06-21
CIRCUIT COURT
STILL IN SESSION
Jury Dismissed on Thurs
day. Chancery Cases
Now Being Heard

A number of cases of interest has
occupied the attention of the circuit
court this week. The jury was oismi ).
ed Thursday, however. the remainder
OF the term being taken up with
chapcery cases
The case of Walter Smith W.. Joseph
Ochaapaugh occupied the attention Of
the court for couple OF days aud
created no little interest among the
inhabitants Of Blooningdale, where the
interested parties reside. 1t seems that
Smith purchased horse from Ochar-
paugh which was guaranteed to DE
gentle and kind, in fact as David
Harum says, would stand without
hitching and any woman could drive
her" Smith claimed that the animal
was not at all as represented and that
she had a playful habit of protesting
with her "hind feet" to such an extent
that he was afraid to handle her; that
for two months he had been afraid to
go into the stall to water or feed her,
and was, in short, utterly worthless to
him. He therefore, after MAXIM
tender of the horse to Ochanpaugh and
demanding his money back, sued
Ochanpaugh for the full amount OF
the purchase price and interest. The
jury evidently considered that Smith
had gotten the worst OF the deal, for
they gave him verdict as demanded.
Now Ochanpaugh can have the horse
provided he settles for the amount in
volved and pays for the expense of
keeping her for five or six MONTHS
Another case OF interest was that OF
Wheeler vs.. Coleman. 1t appears that
Oscar Wheeler and Arthur Coleman
were candidates at the the spring cleo
ton for the Office of treasurer of the
township of Antwerp. On the night of
the election it was announced that
Wheeler had received 2l3 votes and
Coleman 209 The ext morning, how
ever, the ballot boxes were opened and
a recount was made, at which time
Wheeler was not present, and 1T was
decided that Coleman had been elected
by small majority. This proceeding
did lot satisfy Mr.. Wheeler, however,
and he took the case to the circuit court
He commended that the election board
did not act in compliance with the
statutes IN ordering a recount, which
clearly states that whenever candidate
demands a recount each aspirant for the
office shall choose a man and the board
Of electors shall choose third man who
shall act as chairman, and these three
act independently of the election board.
Judge DesVoigues ordered the jury to
render verdict for Wheeler in view OF
the non compliance of the statute, and
from the further fact that the ballot
box had not been sealed from April
to the present time.
4 case from the western part of the
county took up some of the courts
time, also. A Mrs. Wood sold to one
Powers farm on which he agreed to
pay $500 10 cash and give a mortgage
back on the place for $500. Powers
executed the mortgage and wrote Il
check for $500, but Mrs. Wood would
not deliver the deed until the whole
amount was paid. She agreed, however
to deposit the deed with the Citizens
National Bank at South Haven, to be
delivered to Powers on the payment OF
balances due, he also to deposit check
and mortgageat the same place. This
was accordingly done and in short
time Powers wrote Mrs. Wood that he
was unable to secure the balance of
the money. She then proceeded to sell
.he farm to other parties and after
wards endeavored to collect .the $500
check which Powers had deposited.
This brought the matter into court.
Under the statute no contract or sale
of lands i binding unless some written
memoranda. signed by the party to be
charged is made, and the Judge held that
as there was no delivery OF the deed
there was therefore no memoranda OF
the contract made. Powers was conse-
quently released from the payment Of
the $500 check.