Capital journal. (Salem, Or.) 1919-1980, 1921-03-25
Six Equity
CasesPass
Thru Mill
Three Divorces Are
Heard by Circuit
Judge Belt During
Single Day

044ASAO 0eVy
Dallas, Or, Mar. 25.-The coal
of equity was busily engaged yes
terday at which time Honorable
Judge I'll. II. Belt heard six cases.
The first was that of passing on
a demurrer wherein Edward Die
vert had sued Rich Reiman and
the National Surety company FOR
damages alleged incurred as a re-
suit of Misrepresentation on the
part of the defendant, Rich Rel
mann, who sold him real estate.
Attorney Glenn o. Holman argued
for the plaintiff, alleging that the
defendants were liable for the
amount claimed in the complaint,
while Attorney e. X. Piasecki, fCr
the defendants, attempted to prove
to the contrary. The court grant
ed the demurrer, saying that the
RECESSION of the contract by the
principal was legal release OF the
agent, that the demurrer was well
taken and should be sustained.
The plaintiff was given ten days
to answer but made known in
court that he would not do so.
Demurrer Is Heard.
Next was the case OF the Coast
Fir Lumber company VS.. 7. 7. Par
ker and sons. The demurrer to
the second complaint was argued
by Frank Holmes for the defend
ant and Oscar Hayter for the
plaintiff. Attorney Holmes argued
the contract was execuJory and, If
the plaintiff wanted to bind de-
fendant, he had to appear at the
station where the lumber was TO
be delivered and tender the money
for the lumber; otherwise, both
parties were in default. Attorney
Hayter argued that no court has
held that the buyer must appear
and offer coin, contending such
ruling would tie up all trade and
that all one had to do is to show
ability and readiness to pay. The
court delayed decision until he had
time to take the arguments under
advisement.
Strong Given Divorce.
The next was the default di-
vorce case of Frank e. Strong VS..
Jennie Strong, who were married
In Corvallis in September, 1905, to
which marriage four children
were born, ranging in ages from
six to fifteen years. Mrs. Strong
deserted husband in November,
1919, it was alleged and both par
ties are now living in Independ-
ence, Mrs. Strong being engaged
In work at the Beaver hotel. The
court gave the decree to Mr. Strong
and the custody of all the children
except Max, a boy about ten years
of age whose custody was given to
Mrs. Schaffer, the mother of the
defendant.
Cooper Decree Promised.
The second default divorce case
was that of Anna d. Cooper VS..
Pearl c. Cooper, also of mdepend-
ence, who were married in Febru-
airy, 1916, at Independence. Mrs.
Cooper alleged cruel and inhuman
; treatment, stating that her hus-
band frequently cursed her and ac-
cused her OF infidelity. The court
stated he will give her the decree
as soon as property settlements
are adequately adjusted and prop
er provision made for the care of
the minor child.
Habeas Corpus Writ Denied.
The next case was the writ of
habeas corpus hearing in which
Will G. DeSelm was plaintiff and
Ethel DeSelm, his wife, and her
parents, Mr.. and Mrs. Reason
Brunk, were defendants. The writ
of habeas corpus was dismissed
and the attorneys stipulated in
open court that a former suit for
divorce between the DeSelms. filed
by Ethel DeSelm on August II,
1920, wherein defendant denied
the legal residence in the state Of
Oregon of the plaintiff, Ethel De
Selm, was reconsidered and that
the pleadings by the defendant to
that effect was now withdrawn
and a decree be given Ethel De-
Selm dissolying the bonds of ma
trimony and giving her the Gus
tody of the minor child; but tha.
defendant should have the right to
visit the baby at any reasonable
time and neither to recover costs
in said suit.
The case of Anna Cooper VS..
Charles Cooper was next. Attor-
news Carey Martin and Oscar Hay
ter appeared to argue motion 10
strike portions Of the complaint
which was filed by the plaintiff
several months ago to enjoin the
defendant from managing the
farm. After arguments by the at
torneys for both plaintiff and de
fendant, the motion was allowed
In part.