Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1914-01-28
CONVICTION AND SENTENCE
IN LOWER COURT STANDS
Attorney Makes Hsrioe Fight Against
Odds and Loses Court Also Rsfusss
70 Rshsar Dee Moinss Saloon Pc.
tition Case, Leaving Question UP to
\ New censsnt -othsr Opinions.
Special to Tines Republican.


the state VS.. Glenn Gulliver, from Nit
chell county. refusing to grant re-
hearing, thus permitting the sentence
for assault to commit robbery to stand
against the young man.. This was one
OF the hardest fought cases before the
court for a long time. Gulliver was
convicted Of jumping onto banker at
Orchard, supposedly with intent TO roo
the bank. Some one giving another
name had been seen at the cank ana
elsewhere for several days previously.
The banker declared after his arrest
that CULVER was this person. A great
deal Of evidence was introduced bear
ing on the question OF Identity, the
defense claiming that it was case OF
mistaken identity and that CULVER
was in fact elsewhere at the times
when it was said the criminal had
been seen at the bank. In the decis-
ion filed some time ago the writer OF
the opinion rather limited at not being
satisfied with the evidence of guilt.
CULVER is a young man who has pro-
tested his innocence all along, and his
|attorney, Mr.. Salisbury, made heroic
fight against odds and finally lost.
The supreme court also disposed Of
the Des Moines saloon petition as it
had been expected all along it would,
by overruling the somewhat perfume
tory motion for a rehearing. So 1t Is
now up to the new saloon petition re-
Gently canvassed to keep Des Moines
with open saloons.
Other Cases Disposed Of.
The court, also, by refusing a re-
hearing in the Clark Bingham case
from Clarke county, refused to reopen
the question as to whether or not the
reporters shorthand notes Of case are
in fact the bill Of exception whether
filed within certain time or not.
Another very interesting case dis
posed Of on motion was that of Boggs
VS.. Duncan-Shell Furniture Company.
from Keokuk, case in which the court
held the furniture company to account
for having sought to ruin the business
Of a sewing machine agent, formerly
in its employment. by misleading adj
vertisements purporting to cut rates
on the goods the agent had for sale.
In a decision involving a suit for
damages gainst Gollmar Bros. circus
managers. it was held that the firm
or corporation, or whether it IL, is
suable and can not dodge responsible
ity because the plaintiff in the case
didn't know whether 1t was a corpora
ton or a firm. The suit was for in
juries at Sac City because horse was
frightened at the parade.
State Loses Lake Case.
The state lost its case involving the
right to control Boyer lake in the north
part Of Pottawattamie county. The
state brought suit to quiet title in lands
shown to be within the meandered lines
Of Boyer lake. Riparian owners claimed
the land and insisted the lake was
merely a slough or bayou and the land
in controversy was formed by accre-
tons. The purpose of the state was
to control the land so that an outlet
might be provided for certain large
bitches. The courts held with the ad-
joining land owners and that the state
has no title to any part of the land.
Other Decisions.
Malisa Hrdlicka, appellant, VS.. d. L.
Evans. from Iowa county; Judge R.
P. Howell. Action by administrators
to recover balance on sale Of land made
to pay debts Of estate. Modified and
affirmed. Opinion by the court.
In reassigment of A. B. Thompson,
A. l.. Luck, assignee; from Wrigh.
county, Judge F. D. Let's Reversed
and remanded. Opinion by Gaynor.
Humboldt county vs. Ward Bros. ct
al, appellants; from Humboldt coun-
ty. Judge A. ID. Bailie. Action on bond
Tor performance Of contract. Modified
and affirmed. Opinion by Gaynor.
w. w. Stokes. next friend Of Wilma
Stokes. VS.. Gollmar Bros, appellants:
from Sac county. Judge +. NJ. Powers.
Action for personal injury damages.
Affirmed. Opinion by Gaynor.
Sarah Yeager, appellant, VS.. "A.
Farnsworth; from Wayne county.
Judge H. K. Evans. Action to ouiet
title. Affirmed. Opinion by Gaynor.
Fred Brown & Co. VS.. James NJ.
Cash. ct al. appellants; from johnson
county. Judge r. p. Howell Action
to recover agreed share in real estate
transaction. Reversed. Opinion by
tL1add. ~
Wv. w. Garner. appellant, VS.. J. F.
Kratzer from Polk county. Judge
tsmes#P. Hewitt Action on ALLEGED
breach of contract. Reversed and r..
manded. Opinion by Gaynor.
Button Land Company. appellant. vs..
2. T. Noon. ct al; from Cass county
Judge Q. D. Wheeler. Suit in eouitv
20, recover purchase price OF real e,.
tate. Affirmed. Opinion by Deemer.
Hanson .Pjfk, Auto