The Oskaloosa herald. (Oskaloosa, Mahaska County, Iowa) 1885-1919, 1913-12-18
IN THE DISTRICT COURT
Disposition of Various Matters by
Il Judge and Jury.

Parties to the law suit of Mary
Seams vs.. Z, s. Windahl got together
and settled their controversy without
the Intervention of court yesterday
morning at ten o'clock after a Jury
had been empaneled to hear the cause
of action and a days time had been
occupied in taking evidence. The
case was taken up Thursday morn
ing and large number of witnesses
had been examined when the parties
decided to adjust their differences
without the aid of the jury and set
tied the suit. Action had been
brought to recover on a promissory
note in the sum of 5000. Stipula-
! tions of settlement are to be filed
with the clerk later.
A jury was emponeled yesterday
afternoon for the case of Edward A.
Schmidt, Assignee, VS.. Arthur Walls,
opening statements of attorneys for
both sides maze, and evidence taken.
Following the hearing of testimony,
attorneys for the defendant intro
duced a motion to direct a verdict
for their client without permitting
the case to go to the jury and the
motion was sustained by Judge Sill
void. Judgment was rendered
against the plaintiff for costs.
| The petit jurors were excused by
Judge Silwold yesterday afternoon I'M
til Monday afternoon at two o'clock.
Court is in session today but only
matters not requiring the attention
of a jury are being heard.
The following minor matters in va
rious divisions of court were disposed
of yesterday by Judge Silwold:
Equity.
Mary Seams VS.. E. S. Windahl.
Settled as per stipulations on file.
This was a separate suit from the
law case, also settled outside of court.
Pardun vs.. City of Oskaloosa. J. H.
Perry, assessor of the City of Oska-
loosa, given leave to withdraw plat
book, Exhibit No. l, from the clerks
Office upon giving his receipt there
for.
Edward A. Schmidt, Assignee, VS..
Fred B. Green. Jury waived. Trial
and judgment rendered for plaintiff
on one promissory note and for costs
of suit.
Lewis & Van Sickle VS.. Jessie Mar
tin Barnett. Default of defendant.
Trial and judgment given for plain
tiffs on verified account in the sum
of $20125 with costs.
The following cases were all set
tied outside OF court and costs paid:
w. Fitzpatrick VS.. Interstate Vac
cine Co.
G. d. Johnson VS.. Interstate Vac
cine Co.
C. G. Johnson VS.. Interstate Vac
cine Co
Probate.
Estate of Elizabeth Strawn. Hear
ing on final report set for Jan. 5, at
| 9 o'clock a. m.
District court was convened by
Judge Silwold at 1870 o'clock yester-
day afternoon following an over Sun
day recess. Several minor matters
were disposed of by the court through
out the afternoon. The case of Car
rie L. Smith and George w. Smith VS..
the City of Osakloosa, which asks
that the city ordinance yacating M
avenue west to the M. & st. L. Rail-
way Co., be declared null and void,
was set for hearing Dec. % at nine
O'Clock a. m. Yesterday was the day
that the city council and officers were
ordered to submit the records and
proceedings in the passage of the or
dinance to the court
Hearing of the claim of Harry Hoyt
against the estate of E. NJ. Jenkins
was taken up and trial begun. A
jury was empaneled, opening state
ments made for both sides, and the
| fa ut
Hearing of evidence in the case was
resumed when court convened this
morning. The claim against the es-
tate is for 1915 alleged to be due as
commission in a real estate deal.
Dave c. Waggoner and L. T. Shangle
are attorneys for the plaintiff and
Mccoy & Mccoy are appearing for
the defendants.
The following additional entries
were also made in the calendar yes
terday by Judge Silwold:
Law.
William Chitwood VS.. Penn College.
Settled as per stipulations on file.
These stipulations provide for a judg-
ment against the defendant for
$17f18 and costs.
George Capel VS.. U. S. Hensyel and
Phoebe Hensyel. Settled and costs
paid.
Burt Vance VS.. NJ. & st. L. r. r.
Co. Plaintiff dismisses his cause OF
action without prejudice. Judgment
against the plaintiff for costs.
Probate.
Estate of Edward NJ. Cook. Final
report set for hearing Dec. %.
Estate of Amos Evans. Matters in
volved set for hearing Dec. 22
District court was adjourned at
2 o'clock Saturday afternoon by
Judge Silwold until Monday after.
noon at 1870. The jury was excused
Friday night until Monday afternoon
and very little business was trans
acted by the court Saturday.
Default of defendant A. L. Lock.
ard was declared in tn the equity
suit of Homer Phelps VS.. A L.
Lockard ct al, and judgment render
ed against him on certified account.
The action was dismissed as to all
the other defendants in the suit ex-
cept E. c. Lambert and he was given
until Jan. l, to plead.
Petition of the plaintiff for a tenn.
porary Injunction in the case of New
Sharon Public Utilities Co. VS.. Os-
kaloosa Traction and Light Co. was
heard and the petition dismissed.
The plaintiff in tine case asked for an