Daily capital journal. (Salem, Oregon) 1903-1919, 1915-10-14
COURT HOUSE NEWS
: ! 4 \ = \ ******* \ \ \ .

( COURT HOUSE NEWS Il
x III
** ~ X X $3.50 y r X X y
The case of h. Mcfarland against Ed
Moore was called in department No. /
of the circuit court this morning. This
is an action brought 10 recover money
alleged due for services rendered, Mr.
Mcfarland claiming that the defendant
owes him Sl25 for services and he also
asks for 1925 on contract and $2i
that he owes Mr. Mcfarland anything
and says that the plaintiff abandoned
the farm of the defendant near Liberty
aud by virtue of alleged overpayment
Mr.. Moore asks for judgment against
the plaintiff for the sum of $99.io u
the costs of the action The case W.
{ appealed from the justice court. Me
Nary & McNary are appearing for the
plaintiff and F. A. Turner and Charles
z. Reynolds represent the defendant.
! The jury returned a verdict for the
/ defendant in the ease of Charles De
Long and others, as the Twentieth Cen
tury Mausoleum company against T. w.
Davies. Mr.. Davies had paid one e.third
of the price for five compartments in
a mausoleum erected at Van Vert,
Ohio, and objected to paying the re.
mainder on the grounds that the com
( pany had not lived up to its agree
ment to set aside an endowment fund
for the maintenance of the mausolucm.
w. L. Keys represented the plaintiff
and w. H. Trindle the defendant.
1t appears that Judge Percy r. Kelly
of the circuit court, is able to dag
nose bodily ills as well as ntangle le.
gal ailments from the fact that yes.
terday afternoon his honor noticed that
James Colvin, iuryman, who resides
at Aumsville, had an unusual pallor ON
his face Judge Kelly told Mr.. Colvin
that he might be excused from service
on the jury if he was i'll. Mr.. Colvir
answered that he believed he eoul1
continue the case although he was not
feeling well. This morning DR.. E..E
Fisher notified L. g. Boyer, the clerl
of the court, that Mr. Colvin had suf,
fered a parolytic stroke during tn,
night and was now seriously i'll.
Ray Chapler, forester of Albany
secured marriage license at the Of.
flee Of the county clerk yesterday aft
ernoon to wed Miss Margaret Ostrander
of this city. Miss Ostrander is a
stenographer in the office of the State
Industrial Accident commission.
Noel Wolfard entered plea of not
guilty in department No | of the cir.
cult court this morning to the charge
of criminal assault alleged to have been
committed upon the person Of l5.year-
old girl. His trial waS set for Monday
at 10 a. M, but his attorney, D. II.
Allen, has asked that it might be held
at later date.
The jury in the case Of Julia |. Nas'
against b. M Dimmick was unable to
agree on verdict and was discharged
by Judge Kelly after the men had de-
liberated several hours The suit was
brought to determine the ownership OF
, an auto truck,
T; The case of c. r. Wolfard against W
, A. and Adda Young was taken out OF
court yesterday afternoon upon mo.
. tion for voluntary non.suit by the plain,
tiff. This was an action to recover
J on Il commission for the sale Of real
estate.
n The jury returned verdict in favor
of the defendant in the case of J. j.
, Newmyer against Jacob Tuleia, in de.
=. partment No. of the circuit court to.
day. This was an action to collect
rent alleged due from the defendant
O Rachael Ann Patton has filed a suit
I for divorce in the circuit court of this
A county against Alvin Patton alleging
. cruel and inhuman treatment. The cou.
h pie were married in AumsviIle in 1885
K and the plaintiff alleges that her hus.
band forged her name to three checks
n drawn ON the U. $. National bank OF
y Salem. The alleged checks were drawn
. one on December 20, 1909 for, 5000; one
j. March 2, 1910, for 5000, and one July
q 10, 1911, for $50. She alleges furth.
/ err that her husband forged her name
e to promissory note for $3.50 given Il
8 W. $. Robins, July 3, 1915. McNary &
r McNary represent the plaintiff.
Jennie j. Hall has filed suit in
!. the circuit court against the city Of
I Turner alleging that the mayor and
II city council of Turner caused dam tC
y be constructed across a stream from
c which her livestock secured water. Thi,
J, stream, known as the "Green Sprin, ,
! she alleges is the only source Of water
I supply for the stock and she asks that
$ the dam obstacle be removed and III,
I city be restrained from further oh
g structing the flow Of water Of Greer
? Spring A, o. Condit is the PLAINTIFF
= attorney.
The ease Of MeF0rlane W.. Moor,
went out Of court upon demurrer t'
g the complaint this afternoon and tn'
j ease Of G. r. Cnmplan, ms trustee, ys
! Rex /. Russell was called by Judge Kel
9 ly This is an action involving som'
i fine points in bookkeeping and "a,
= issues will be some 10 items aggregat
4 ing S490 against the defendant and {
q counter claim Of about $1,000 agains
} the plaintiff. Scitz q Clark are at
y torneys for the plaintiff and g. f. Ros
u fnr sha tafauduut