Daily capital journal. (Salem, Oregon) 1903-1919, 1916-07-11
COURT
GR|NDS BIG GR|S7
Divorce Suit Reversed As
toria Wins In Injunction
Against Bond Issue

Inc supreme court touay reNeTSeu
Circuit Judge Galloway in the case Of
Sigmund H. Horseback against Magda-
lena Horseback, in which a divorce
was granted Horseback. Chief Justice
Moore rendered the opinion which di-
rect reversal of the original decree
and a dismissal of the case on the
grounds that action was started before
year had expired after the desertion
alleged by the plaintiff.
| The Hershbacks were married in H.
linois in 1912 and have daughter two
years old. He was farmland and she
was housekeeper in a neighboring house
hold. 1t was understood when they mar
ried that she should live with her pa
rents until Horseback could earn
enough to set them up in house of
their own.
After their child was born, Hersch.
vack ceased calling on his wife and
failed to provide for her and the little
girl. Mrs. Hirsehback secured decree
in the Illinois courts requiring her hus-
band to pay $40 month for the sup
port of herself and child. He made
three payments. In July, 1913, he came
to Oregon and he alleges his wife de-
serted him at that time.
Horseback says he wrote later, ask
ing her to come to Oregon but never
received an answer. His wife declares
she never got the letter and further av-
ers he never requested her to 60 with
him when he started for the west. Then
Herschback commenced suit which end
ed in his securing separation but re-
quired that he pay So month for the
child's support.
Henry A. Townsend and Eunice
Townsend, and H. H. Vandervort are
appellants against R. H. Chamberlain
William Esch and Frank Holmes, as re-
spondents in q case decided by the SUI
preme court. The action was to restrain
enforcement of execution on judg
ment The amount involved was $2S9
and costs of $54.60 The original de-
cree in Judge Galloway's court was
for the defendants but this was re.
versed today.
Justices Harris and Burnett dissented
from an opinion written by Justice
Bean in which the city of Astoria wins
in an action brought by Norris Staples
to enjoin the city from issuing $780,
600 bonds. Staples contended that the
city had not complied with the law rel
ative to advertising special election
The Clatsop county circuit court was af
| firmed.
The case of the Outcault Advertising
company of Chicago against John H..
verton, in which Judge Percy Kelly ent-
1 q
manded with directions for verdict of
! $l09.2O against the defendants.
1t seems that the defendants agreed
to take an advertising out service from
the Chicago firm promising to hold the
cuts and other matter to be disposed
of after use as the Outcault company
should see rit..
After the advertising matter had
been shipped the defendants notified
the company that they did not desire
the service. The fact that they agreed
to hold the cuts for final disposition, ac-
cording to Chief Justice Moore, implied
an intention to complete the contract.
Therefore the lower court was re.
versed.
The other opinions handed down to-
day were:
Simon Klovdahl, appellant, versus the
town of Springfield, appeal from Lane
county; suit involving lien for a side
walk, opinion by Justice Burnett, Cir
cult Judge Hamilton affirmed.
Emma Cash versus Z. B. Garrison, ct
al, appellants, appeal from Multnomah
county, action to recover damages Opin.
ion by Justice Mcbride, Circuit Judge
Galloway affirmed.
George NJ. Armstrong, administrator
of the estate of George Armstrong, de-
ceased, appellant, versus Julius Pincus,
appeal from Multnomah county; action
to recover balance for land sold, opin.
ion by Justice Bean, Circuit Judge
Davis affirmed.
John $. Jefferies, appellant, versus l
7. Weekly, ct al, appeal from Coos coun-
ty; suit for the rescisson of a contract
opinion by Justice Bean, Circuit Judge
Coke reversed.
Lulu X. White, Administrative of the
estate of James r. White, deceased
versus the East Side Mill and Lumber
company, appellant, appeal from Multi
nomah county, petition for rehearing de-
MED, opinion by Justice Mcbride.
w. +. Phipps, ct al, versus the City
of 'Medford, appellant, appeal from
jackson county, petition for rehearing
denied, opinioR by Justice Burnett.
Clara Ream versus Edward Ream and
State of Oregon, appellants, appeal
from klamath county, suit for divorce
opinion by Chief Justice Moore, former
Circuit Judge Benson affirmed.
Portland Gas and Coke company yer
sus Circuit Judge Campbell, defendant
peremptory writ issued directing defen
dant to certify to a bill of exceptions
opinion by Justice Benson.
Rehearings were denied in Baum yer
sus Ellison and in Cole versus Sea
side.