The Oskaloosa herald. (Oskaloosa, Mahaska County, Iowa) 1885-1919, 1912-05-09
IN THE DISTRICT COURT
Disposition of Various Matters by
Judge and Jury.

menced. The following jury assign
ment has been made for this week:
Monday, May 6-Gassaway VS.. For
ney and Hiatt VS.. Way.
Tuesday, May 7--Fanton VS.. Laport
Utility Co., and Smith vs. Bolton
Hoover Coal Co.
Wednesday, May 8--Indiana Nation.
al Bank VS.. Picken.
Thursday, May 9-Swalm VS. Nc.
Gee ct al and Effort VS.. Billick,
The following dispositions were
made by the court Saturday:
Balch & Head VS.. Dan Howarth eft
al. Judgment against defendant for
the sum of $4,000.
A. Updegraff ct al vs.. F. ]. Page.
Settled as per written stipulation and
judgment for costs as per stipula-
ton.
Albert w. Swain ct al VS.. Victor
M. Magee ct al. Defendants motion
to dismiss appeal sustained. .Iudg-
ment against plaintiff for costs.
In the matter of the application of
B. F. Cooper, a registered pharmacist,
to buy, keep and sell Intoxicating IL
quorS. Permit issued for five years
on payment of costs and filing of
bond.
A. Updegraff VS.. James Haverlo,
garnishee in same VS.. F. j. Page.
Main case settled. Garnishee re-
leased.
Estate of N. r. Middlesworth. Final
report approved and executrix dis
charged.
Estate of Ann Burdess. Final re-
port approved and administrator dis
charged.
Estate of Harlan ]. Brubaker.
Widow allowed $1,000 for one years
support for herself and child, to be
payable quarterly in advance
The names of Bob Jackson, Will
Morrison, John Young and John
Wright, who were indicted by the
grand jury on the charge of nuisance.
were made public today. Bond was
furnished by each in the sum of 5000
and they were released.
The name of Albert Boyd, who was
indicted by the grand jury on the
charge of receiving stolen property
was made public this morning. Boyd
is accused of receiving some furs val
ued at $26.90 on the Goth day of Feb
ruary and concealing them, knowing
that they We're stolen property. He
also assisted in disposing of them.
The hides were stolen from Wilson,
VIM. Boyd gave bond in the sum
of 100000 and was released.
The jury in the case of John p.
Hiatt VS.. H. p. Way returned ver-
dict at 1870 o'clock Tuesday in favor
of the defendant. The plaintiff, John
F. Hiatt, was suing H. p. Way to
recover the sum of 1926 which he al
legged was due him. Hiatt rented a
farm to one w. E. Rivers for the year
of 1909 for the sum of 100000. Way
contracted with Rivers to buy some
corn and it was orally agreed that
he Way would pay the amount to
Hiatt on the rent. The purchase
price of the corn amounted to $436.
Way paid 20 Hiatt Sill and the re-
naming sum to Rivers. Hiatt claims
that Way had no right to pay the
money to Rivers and therefore he
sued to recover the sum of 1926. The
following jury served on the case:
Herman Ahrweiler, A. f. Bass, Reed
Brown, Fred Core, r. s. Fishburn,
Clarence French, w. ]. Montgomery,
Ira Morrison, G. Stowe, B. NJ. Thatch-
er, c. J. Wilson and r. J. Woody.
The jury was out only fifteen minutes
on the case, entering the jury room
at HE. Lacey & Lacey acted for
the plaintiff, while Burrell & Dewitt
represented the defense.
The next case to be tried is that of
Fl. E. Fanton, administrator of the
estate of Raymond Fanton, VS.. La
Porte Public Utility Co. The plain
tiff asks damages in the sum of $780,
100000. On October 10, 1910, at New
Sharon, Raymond Fanton, while en-
gagged in moving a barn under some
electric wires, received a severe
shock which the plaintiff alleges
caused his death and therefor asks
for the above amount as damages.
The case of H. E. Fanton, admins
traitor, ct al VS.. The La Porte Utility
Co., for $2O,O0O.OO damages, which
was commenced yesterday afternoon,
came to an abrupt ending shortly af-
ter the trial had commenced, when
the plaintiff dismissed his petition.
The Jurors were excused for the re-
mainder of the term by the court fol-
lowing the dismissal of the case. Only
a few jury cases have been tried dur.
ing the present term.
The case of the Farmers National
Bank VS.. Updegraff ct al, on a note,
has the attention of the court today.
William T. Neal has filed suit
against unknown claimants, asking
the court to quiet the title of certain
real estate situated in Mahaska coun-
ty.
Margaret Spicer has filed suit
against her husband, Dorwin Spicer,
asking for divorce. She also asks for
the custody of their only child, Ed.
ward, who is two and one-half years
of age. She states in her petition
that she was married to the defendant
at Tacoma Washington IN Noyam