American Falls press. [volume] (American Falls, Idaho) 1907-1937, 1914-04-09
JUDGMENTS SET
ASIDE BY COURT
MOTION OF DEFENDANT COMPANY
TO HAVE JUDGMENTS AMOUNT
ING TO s131,000 PASSED UPON
FAYORABLY BY JUDGE BULGE.
Judgments Were Entered at Last
Term Of District Court Practically
By DefauIt-WiIl Probably be Tried
On Merits Some Time Later.

The first action on conyening of the
District Court was the filing Of an or
der by Judge Bulge setting aside tn
judgments entered at the fall tern
against the Southern Idaho Water
Power company and in favor Of a
number OF property owners in and
near American Falls whose property
was damaged by reason Of the water
OF Snake River being backed by the
dam Of the Power company. All the
judgments were set aside except those
for damages on account of the loss OF
the 1913 hay crop, and these, amount
ing to something over $4,000, were sus-
tained by the court, and also an at
torney fee OF S350.O0 was allowed In
the case of Philbrick & Greenwood
against the company.
Readers Of the Press are familiar
with the nature OF these cases which
were instituted about a year ago. Al
ter boards of appraisers had passed
upon the values OF the different prop
critics for which damages we're asked.
the cases came on regularly for trial
at the fall term Of the District Court
At that time, il seems. the chief coun
sci for the company, s. H. Hays, Of
Boise. failed to put in an appearance
but sent a young man down to file
motion to dismiss the cases. When
the motion was overruled the young
man could go no farther as he had no
knowledge OF the case, and motion
Of the plaintiffs counsel for the en-
tering of default judgments was sus-
tanned by the court
AT the opening Of the present term
the company came into court with
motion to set aside the judgments
setting forth facts substantially as
given here. and asking that the cases
= be tried upon their merits. The cases
{ will no doubt be tried at the next term
: Of court with Attorneys McDOugall q
Jones, Of Pocatello, looking after the
5 interests OF the company, and G. "
J Bissel, OF Gooding. and o. R Baum
5 Of this city. appearing for the plain
= tiffs.
r The first new business OF the cour
o al the Monday session was the case o
2 Carl Smith VS.. Mary Maxwell. the ac
I ton being for foreclosure Of lien foi
4 wages. Counsel for the defense moves
for a continuance for the term whicl
+ motion was granted. the costs of tn
= suit up TO this time being assesses
against the plaintiff.
e Tuesday morning the case OF III
= State vs.. Wilson. arraigned on
$ charge Of burglary in the first degree
i was taken up and occupied the entir
e day and a short night session. In thi
II case the jury returned a verdict Wed
q nesday morning finding the defendan
+ guilty Of burglary in the second de
II gree.
J. The case Of the State VS.. Ben 5
Mcqueen was taken up Wednesda
~ morning. Mcqueen is charged wit
= assault with deadly weapon upon th
y person Of Frank Elliott 1t require
= the forenoon session 10 secure a iur,
The regular venire was exhausted an
- many bystanders we're called TO act 4
. jurymen. The case was in progrei
~ during the afternoon giving promi:
IL 70 run over until Thursday.
The case Of the State VS.. c. ]. Clal
. is called for Friday morning. and wi
" the completion Of the case will clio
the term OF this District court.