Daily capital journal. (Salem, Oregon) 1903-1919, 1914-05-08
NUMEROUS ARE THE
COMPLAINTS FILED
IN CIRCUIT COURT
Wealth Of Legal Matters To be Straight
ened Out When Court Con-
venes Again.
NEUTRALITY-SUSPICIOUS. ARE
ALLEGED BY DOUGLAS
Controversy Over Elite Restaurant
WIN Be Carried Into Supreme

Damages for alleged false and fraud
ulent representations regarding per-
sonal property sold by the defendants
to the plaintiffs are asked in suit
filed yesterday in the circuit court for
Marion county by W. M. Douglas and
@. Z. Douglas against S.H. Hulen and
wife. 1t is alleged in the complaint
plaintiffs that of cows for sale at
that time, September, 1913, would be
fresh the following November, that
certain NOW of hay was first class, and
that there were 200 bushels of oats in
bin.
These representations the plaintiffs
declare were false and made with the
purpose of getting them to purchase
the named property. The land was
leased from the Hulens ON September
81, 1918, upon their representations.
1t is stated in the complaint that ac-
cording to the condition Of the cows
at that time they would not be fresh
at all, and that two of the three cows
alleged to be coming fresh in Novem-
ber would not be fresh until the fol-
lowing February, and one not at all.
They also allege that the NOW of hay
was of poor quality, that the bottom
was filled with old rails, lumber, and
boxes, etc.
Damages in the sum Of $50 for loss
Of income from the cows not coming
fresh, $40 for paying for four tons of
hay more than was received, and $3.50
for money paid for oats that were not
in the bin, are asked Of the court.
Notice Of appeal to the supreme court
in the case of William and Dora Black
against William Irwin wrs filed this
morning by the defendant from the
decree rendered in the circuit court
by Judge William Galloway in the con
troversy over the Elite restaurant.
The action in this case was brought to
rescind a trade by which plaintiff
decided a farm to the defendant for
the Elite restaurant, located on North
Commercial street. After the trade
had been made, Black alleged that
fraud had been used by Irwin in get
ting him to buy the restaurant. Judge
Galloway decreed that the whole trans
action was null and void and that the
parties stood in the same relations as
they did before the trade. The appeal
| is made from this decision.
Two decrees of divorce were rem
dered yesterday by Judge William
Galloway. Maggie May Ivie was
granted separation from William lvie
on the grounds fcruel and inhuman
treatment. The cause has been pend
ing in the equity department for
months. The other divorce was grant.
ed to Edward R. Burres from Nellie
N. Burres. Cruel and inhuman treat
ment was the grounds for the separa'
tion in this case also. The couple was
married November IS, 1899, in Nal
heur county.
An action for the recovery of money
for goods sold and delivered was be
gun in the circuit court this morning
by f. C. Allison against Ithilip and
Lottie Fisher. 1t is alleged in the
complaint that within the past Sly
years F. G. ellison and company, OF
Creston, California, sold and delivered
to the defendants merchandise valued
at $4,000. 1t is stated that though
demand has been made for payment
it has been refused, with the excep
! ton of 1923, leaving $l56.69 still due
| The rights of the ellison company
| were assigned to the plaintiff previous
to the commencement Of this action
Judgment is asked.
C. f. Patton commenced an actor
in the circuit court this morning
against Vernon and Lydia Kelley, e
/ all, for the collection of promissor,
note given March 30, 1913, for $500
A mortgage was given to secure pay
ment of the note. 1t is stated tina
although demanded the interest wa
not paid and therefore the owner o
, the notes takes his privilege and de
cares the note due and colleetible. II
asks Judgment Of the court and fore
closure Of the mortgage.
An action for the recovery Of none
7 on a promissory note was filed yestel
: dav in the circuit court by w. y. Piel
son against Thomas T. Parr. The not
In question was given August IL, 1905
for $500, and it is alleged that no par
is paid except $25. Judgment 10
1921 is asked Of the court.
} quiet the title to certain lot sin Marion
J. NJ. Christopher filed suit in tn
circuit court yesterday against the Or
gon and California Land company
quiet the title to certain lots in Marioi
!. Marion county. 1t is alleged in tn
II complaint that the plaintiff has bee
,. in open and adverse possession OF tn
property for more than 10 years. II
5. asks that the land company be require
to set forth the nature Of its clail
and also that it be restrained from a
sertin0 any right whatever.