Daily capital journal. (Salem, Oregon) 1903-1919, 1918-06-25
AGED WOMEN LOSES
IN SUPREME COURT
Mrs. Stabler, Defrauded BY
Lawyer, Gets Serious Cut
Cut In Judgment

By an opinion handed down today
by the supreme court Mrs. Matilda s.
Stabler, a widow 65 years old, lost
nearly one half of the amount of the
Judgment which had been awarded her
in the circuit court for Multnomah
county against +. E. Melvin, an attor-
ney, who is charged with having de-
frauded the old woman in connection
with. two real estate deals.
The case was tried before a jury in
Circuit Judge MeGinn's court and a
verdict for $14l1.69 was returned in
favor of Mrs. Stabler. The supreme
court, in an opinion written by Justice
Johns, modifies this Judgment by de-
dueting $3.50, which is the amount of
a promissory note Melvin induced Mrs.
Stabler to give him but which she has
not been required to pay. Melvin dis
posed of the note to a third party.
Mrs. Stabler owned two city lots IN
Portland, which were mortgaged. Mel
vim agreed to trade the lots for un-
eneumbered property. He arranged a
deal with Bruce WolveT.on, who was
willing to trade As acres of land IN
Washington. Melvin represented to the
widow that in order to make the deal
it would be necessary for her to take
two lots he said he owned in the San
tam Hunting and Fishing club grounds
He had her give him note for $3.50
for the lots and his attorneys fees.
1t developed, according to the eyl-
denee, that the lots conveyed by Mel
vim were fictitious and the woman had
been defrauded,
Later he negotiated another deal
with Mrs. Stabler and induced her to
give him a note for $3.50, which he
sold and assigned to third party
But as this note has not been paid by
her. the supreme court deducts II
from the amount of the judgment.
The supreme court reversed Circuit
Judge Gantenbein of Multnomah coun-
ty in the case of J. w. Dryden VS. viii
Iii. DAILY, as commissioner cf public util'
tiles of the city Of Portland, and 9th
ers, appellants, and ordered dismissed
a writ of mandamus which had been
issued against the defendants. The
suit involved the procedure of Commis'
sioner DAILY and the heads of the Port
land city water department under civ
il service rules.
In the case of the First National
bank of Albany, appellant VS.. John
Macneill, the supreme court afflrms
the decision of Circuit Judge Kelly
This was a suit to collect on prom
issory note. The opinion was per eur
lam.
Action on Motions
| A rehearing on the fotion to dismiss
the appeal in the Chewauean river ad
Indication case was granted today by
the supreme court
The litigation over the water rlghts
in the Chewaucan river has been OF
more than usual interest because IN
volved is the question of whether the
Portland Irrigation company is to DC
granted enough water to complete tne
Paisley irrigation project, IN Lake
county. :.
The state water board adJudicated
| the water rights ana fouhd thac .ho
rigatiom company was dntitled 70
enough water for the project, but the
Chewaucan Land & Cattle company
which has immense land holdings IN
that part of the state, appealed to the
circuit court and Judge Bernard Daily
reversed the water board and gave the
cattle company such large amount
of water that the irrigation company
was squeezed out.
Appeal was then made by the Port
land Irrigation company to the su.
preme court. The cattle company filed
a motion to dismiss this appeal on the
grounds that all the interested parties
had not been served with notice OF ap-
neal The court ordered the appeal dis
missed, but on the petition of the irri-
CATION company today granted a re-
hearing on the motion.
A rehearing was granted in the
case of Malloy VS. Marshall Wells Hard
ware company and Rowe VS. Freeman.
Rehearings were denied in Frederick
VS. Sherman, Davidson VS.. Madden and
Wagner, ct al, VS. City of LaGrande.
IL L. IL Ii Il