Willmar tribune. [volume] (Willmar, Minn.) 1895-1931, 1913-10-15
THE GRIND o.;
DISTRICT COURT
Disposition Of The Cases On
The Civil Calendar. !

The Civil Calendar.
The term of Kandiyohi County Dis
trict Court which commenced Mon.
day morning, Oct. 6, is proving to be
the most interesting term of court
held here for years. One remark
able thing Is that so far all the YER
diets rendered have been in favor OF
the defendants.
The first case on the civil calendar
City Of Willmar vs.. Edmund D.
Sykes, was called Monday, Oct. s. No
action was taken on this case and 1t
was continued until next term of Dis.
trict Court.
Case No. 2, The Union Elevator
and Machine Co. VS.. J. H. Virgins
Co.. known as the ''fag-pole" case,
was tried Oct. II. The Commercial
Club had ordered a flag-pole through
the Virgins Co. to present to the
city. The f1ag-pole proved defective
and payment was refused. The Com
pany sued to recover the amount and
verdict was returned in favor of the
defendant
No. 4, case of Atwater Union Ele-
vator Co. VS.. Chas. II. Hanson, James
TAFT, Jr, c. H. Ferguson, and M. J.
Ferguson, was called the first Mon
day. The plaintiffs sued for $4,000,
and interest on note given by Mr..
Hanson and sureties to cover an al
legged shortage Of grain. Mr.. Hanson
was buyer for the Company and had
given the note on the demand of the
Board of Directors. The defense
employed expert accountants and
set up the claim that there was no
shortage which could be traced to the
buyers pockets, but that it was due
to Encouragement of the elevator.
The lawyers for the plaintiff were,
Chas. A. Swenson and w. B. Douglas.
The defendants were represented by
attorneys DAILY & Barnard. This case
was continued all week and verdict
was rendered on Saturday, Oct. II.
The jury left the courtroom 9:25 and
returned lilo a. M. with the yer.
dict in. favor of the defendant. The
jurors who decided the cast were:
T l. eastman, Carl Johnson, E. j.
Rollefson, Jr., Julius Larson, An
drew S. Reigstad, Knud Olson, Mich
ael M. Engen, Martin Syverson, M.
J. Kloster, William Johnson, Fred
Holtz, and Albert Gandrud.
Case No. Z, Andrew Nelson, Appel
liant, Kandiyohi County, Respondent,
is to be tried out of term upon ten
days notice by either party.
Frank McLouth, Appellant, VS.. Kan.
diyohi County, Respondent, case No.
8 (road appeaD was settled upon
agreement of both parties.
Case No. II, Frank E. Styles, con.
testant-appellant VS.. John H. Styles
proponent-respondent, will be tried
out of term after Nov. Is, upon four
days notice by either party.
No. 13, case of appeal from Ray.
mond Justice, Tice Chadler VS.. Clara
M. Leighton, was tried on Oct. 13
Verdict of $27OO was rendered in
favor Of defendant
No. IA, J. S. Lee, E. w. Hanson VS.
Jas. A. Bosco and Mary Bosco, was
also disposed Of on that day. This
was case Of appeal from the Mu
nicipal court in which the plaintiffs
sought to recover for a horse which
died two days after having been re
ceived in trade for piano. Verdict
rendered in favor of defendants.
Nos. 8 and 10 will be taken up to
day. Nothing has yet been done tt
the other cases. They are:
No. 3, State of Minnesota VS.
Northwestern Auto Co. (Tax pro
ceeding.)
No. s, Christian Peterson, Tild;
Danielson, and Hannah Olson, VS.
Nels Person and Kandiyohi County.
No. 6, Eugene J. Hood VS.. John O
Nyberg.
No. 9, Hattie Ann DeForrest VS.
Essex P. Welch.
No. 10, Lucinda May Schenk VI
Esek P. Welch.
No. IL, Atwater Union Elevator &C
VS.. U. S. Fidelity and Guaranty Co
No.. Is, VIM. F. Gabbert VS.. Ere
Thusen.