Jasper County Democrat, Volume 8, Number 37, Rensselaer, Jasper County, 16 December 1905 — CIRCUIT COURT NOTES. [ARTICLE]

CIRCUIT COURT NOTES.

Following are the more important matters of the closing days of the December term of court not heretofore reported: M. Hazlett vs. Samuel A. Dutcher et al; continued. George W. Irwin vs. J. J. Hunt, adminstrator; continued. John Brown and Neal Brown vs. Thomas A. Besse; defendant defaults and plaintiff is given judgment for $113.55. William B. Austin vs. Hugh Brosnan; judgment for plaintiff in the sum of $113.59 and chattel mortgage foreclosed, v Anna Blake et al vs. Clemens Cowell et al; title quieted. Dora Kohn vs. A. C. Robinson et al; continued. Simon P. Thompson vs. Henry O. Harris et al and James Yeoman, cross-plaintiff, vs. Simon P. Thompson et al; court finds for cross-plaintiff against all crossdefendants, save Simon P. Thompson, that there is due from defendant Crisler $196 and S2O attorney fees, and receiver heretofore appointed is directed to protect the rights of cross-plaintiff. J. E. Augesburger vs. Christion Gerber; continued. Anna R. Mills et al vs. Martin L. Hemphill; dismissed by agreement and each party pays onehalf the costs Allen M. Kellenburger vs. Viola Kellenburger; dismissed by plaintiff. Mary Durbin vs. Burley Durbin; divorce granted plaintiff and her maiden name of Mary Woosley restored. Walter V. Porter vs. James H. Chapman et al, vs. John A. Williams et al; plaintiff moves court'to correct and modify judgment regarding some sacks and feed troughs and that SSO of the $90.89 now in hirf hands be applied upon the ooets and balance be paid to Williams, which is ordered done. James H. Chapman, trustee, et al vs. Mattie M. Rinehart; sheriff directed by the court to sell all the corn attaohed in this cause at

market price and report to court and pay money into hands of clerk. Simon P. Thompson vs. Robert A. Parkison as treasurer of Jasper county; opinion of supreme court made a part of record and court finds for plaintiff that the collection of additional taxes for years 1892-3-4-5 6J) and 1900, as stated in complaint be foreveT enjoined, and that for year 1897 plaintiff shall pay as additional taxes in the city of Rensselaer, $438.37, and costs of action; that plaintiff shall pay as additional taxes for Thompson & Babcock in Union tp., $33.83, and costs; therefore plaintiff pays to clerk of court $472 20 to be distributed according to above agreement. This is the old tax case wherein tax-ferret’Workman placed some $1,300 in alleged omitted taxes on the duplicate against Judge Thompson. The latter enjoined collection and the case was decided in his favor by Judge Howard of South Bend; case was appealed by Workman and reversed; court then granted modification of verdict and the attorneys agreed on amount as above stated.

Following is the record signed up by special judge R. W. Marshall in the case of the state vs Jasper Guy.

"Comes now R. W. Marshall heretofore appointed special judge, and corne also the parties by their respective council, and the motion heretofore made’ by defendant for a new trial is overruled by the court and defendant for a new trial is over-ruled by the court and defendant excepts. “And the defendant being in open court, he is asked by the court if he has any reason why the court should not pronounce judgment on the verdict rendered, and the defendant, failing to give any valid reason why such judgment should not be rendered, the court pronounces judgment thereon as follows: "It is therefore considered, adjudged and decreed by the court that you made your fine to the State of Indiana, in the sum of eight hundred dollars ($8oo) and pay the costs of this prosecution taxed at dollars; and stand committed to the jail of Jasper County, Indiana, until such fine and costs are paid or replevined; the sheriff of this county is charged with the execution of this judgment and the defendant is now ordered and remanded into the custody of said sheriff. "The defendant now files a written motion in arrest of judgment, which reads as follows (insert), which motion is over-ruled by the court and the defendant excepts; defendant now offers to file notice of appeal of this cause, served on the prosecuting attorney (insert) which notice the court refuses to file and defendant excepts, "Defendant now prays the court to grant an appeal to the Supreme Court and to fix the amount of defendant’s appeal bond, which prayer and demand are refused by the court and defendant excepts; defendant now files appeal bond in the penalty of one thousand two hundred dollars signed by Robert W. May as surety thereon; which bond the court now examines and disapproves and defendant excepts. "Defendant is now given ninety days in which to file all exceptions. “R. W. Marshall, __ "Special Judge.”