Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1921-07-13
JUDGE SMALLEY
HOLDS BRIEF
TERM OF COURT
SOME CASES DISPOSED OF
WITHOUT JURY TRIALS.
FINDINGS OF COURT.

following matters were disposed of:
Ethel Daugherty OR. M. Orchard) |
VS. Paul Daugherty III. E. Kemp. |
Case brought on on an order to show |
cause why defendant is not in con-
tempt of court. Paul Daugherty |
sworn for defendant. Order by court |
that defendant make payments every |
two weeks.
VIM. H. Coleman VS. Luther H. |
Whittlesey. Order to quiet title.
lisa Alderman Brennan & Carthew) |
VS. Harold Alderman (Clementson & |
Frantz). Harold Alderman sworn
for plaintiff as adverse witness. Isa
Alderman sworn for plaintiff. Di- |
vorce granted. Plaintiff to have GUS !
tody of child. Defendant to pay $40 |
a month alimony and $40 a month for |
support of child. Defendant to payI
1925 attorneys fees.
G. E.. Waters, Lawrence Lem, Max
Fox, G. j. Zuber, E. J. Kelly, VS. Regime
Amusement Co. Judgement rendered !
in each case.
Babel Peacey VS. Edward Johnson. |
Judgment signed.
State VS. Walter Shepherd dismissed !
ON motion of district attorney (This |
was the case of the Wauzeka school
teacher charged with bastardy by a
Fennimore girl)
Jessie Maygard Brennan & Car
thew VS. Peter Maygard David Gard
ner, Jr.). Jesse Maygard, Mrs May
Whitney, Donald Maygard, Chas. May
gard, sworn for plaintiff. Decree of
divorce granted. Plaintiff to have
care and custody of children until
further order of court.
John O'Connell ct al VS. unknown
heirs of Ira StockWell ct al. Judg-
ment signed.
Samuel A Ketner ct al VS. Tafts ct
al. Judgment signed.
Walter Kliebenstein VS. ]. H. Round
tree ct al. Judgment signed
In re mortgage Duncan McGregOr
ct al to Barnard Dosher. Order dis
charging mortgage signed.
In re mortgage JOS. Meinhart to
Matthias SchIegel. Order discharging
mortgage signed.
In re mortgage Ira w. Brunson to
Isaac G. Ury. Order discharging
mortgage signed.
Kate STEINER VS. Louis STEINER, Bos-
cobel parties. H. E. Kemp attorney.
Order of commitment filed.
State Bank of Fennimore VS. Floyd
Mcdonald, Judgment filed.
Mary Howell DUNCAN Or. A.
Goodell) VS. Clarence Clare DUNCAN.
Mary Howell DUNCAN and Silas How
ell sworn for plaintiff. Judgment of
divorce.
Settle BeetOWn Overflow Case.
The case of Jesse Williams and
Others VS. VIM. G. Bass, injunction and
money demand, came on Thursday.
Brennan & Carthew appeared for
plaintiffs and S. H. Taylor for defend
ant.
The plaintiff asked that Mr.. Bass be
enjoined from permitting water from
a small creek rising on the Bass land
to overflow on their land on Pegion
bottom and asked also for damage re-
sulting to corn from said overflow.
Testimony was heard from VIM
Jones, VIM. Brinkman, Otto Behncke,
Mike Reynolds, VIM. Boyle, Harvey
Bradley, Henry Behncke, Clifford
Baker, Harry Goran, Ray Williams,
Jesse Williams, VIM. Bass and Otto
Spiegelberg, pro and con in the case.
The plaintiff claimed that Mr.. Bass
diverting the water that came down
dirverting the water that came down
"a ravine on his land so that it de-
serted it's natural runway through the
Bass cornfield and passed east through
another channel to merge with Pigeon
after passing over the Williams land
adjacent The location of the place
is about one mile south of Five Points.
The plaintiff claimed that about eight
acres of land was damaged by said
overflow. He asked an injunction to
prevent an overflow and damages for
crops due to water.
Mr.. Bass denied emphatically hav-
ing in any manner tempered with the
water course or having endeavored to
divert the stream from its natural
meanderings He said that at a GER
tain point where the plaintiff claimed
he had erected a dam he had done
nothing of the kind but that any OBJ
sstruction there that might divert the
water was due to natural washing
down of rocks, rubbish and logs from
the ravine, causing an obstruction in
times of heavy rain when the water
would flow through another channel
To the Williams land. He denied hav-
ing diverted the water course but
agreed that q stream bed had at one
time or another existed in what is now
his cornheld.
The court held from the evidence
that Mr.. Bass was responsible for
tho present path of the water and en-
Joined him from interfering with the
waters natural path Mr.. Bass was
ordered to restore the natural cond1-
tion of the water course. The dam
ages will be set by the court after
consideration Judge Smalley indicat-
ing that these would not be heavy
August Senftlaben VS. Henry Mich
OILS, ct al Order of reference signed
Ethel Ballard VS. Lee Ballard.
Plaintiff present in court with at
torneys Clementson & Frantz. Ethel
ballard and John Hird sworn for
plaintiff. Judgment of divorce. De-
PENDANT to pay $40 per month all
mony. and SIS per month for support