Jasper County Democrat, Volume 9, Number 4, Rensselaer, Jasper County, 28 April 1906 — THE COURT HOUSE [ARTICLE]

THE COURT HOUSE

Items Picked Up About the County Capitol. Monday, May 7, is the last day for paying the opring installment of taxes to avoid their going delinquent. If you haven’t filed your mortgage exemption yet you had better attend to it right away. Monday is the last day for filing. The first installment of subpoenas in the McCoy cases is now in the sheriff’s hands and is reported to contain over 100 names. —o — Marriage licenses issued: April 24, Van R. Grant of Rensselaer, aged 25, to Besse Agatha Eger, also of Rensselaer, aged 22 First marriage for each. April 25, Jacob Klaus of Remington, aged 27, to Rose Marie Kelly, also of Remington, aged 16. First marriage for each. —o — New suits filed: No. 6983. William B. Austin vs. Ward B. Peterson; application for temporary receiver. No. 7039. Warren T. McCray vs. Fred W. Wellington et al; to set aside deed. . No. 7040. Emmet L. Hollingsworth vs. Harvey Kannal et al; action to foreclose mortgage.

—O — The case of the Panhandle railroad company vs. O. P. Taber, a Remington case involving the improvement of certain streets in said town and which was appealed by the railroad company from the White circuit court, was affirmed by the supreme oourt Wednesday. In affirming the decision of the lower court it was held:

(i)ln an action to recover an assessment against the right-of-way and depot grounds of a railroad for the improvement of a street it is proper for the court to render a personal judgment against the railroad company. (2) The provision in Section 5294, Burns, for including an attorney fee in the judgment on recovery of a street assessment is constitutional. (3) A street assessment on the basis of frontage, to which no objection was presented at the hearing on the engineer’s estimate, is proof against a collateral attack. (4) Where the town trustees at a hearing on the engineer's report found the same fatally defective ana required the engineer to file a new report, which was approved and the sssessments therein confirmed, such trustees had power to adopt the second report. Their power and duty to make an assessment continues until legally exercised.

—o — Following are the proceedings in the circuit court this week: William B. Austin vs. Ward B. Peterson; E. P. Honan appointed receiver to collect rents, etc. The Rensselaer Bank vs. Seth B. Moffitt and S. B. Thornton; judgment against defendants for $563.81. Ordered that property of defendant Motfitt be exhausted before levy on property of defendant Thornton. Nora E. Bicknell vs. George B. Switzer et a); change of venue asked for by plaintiff and case sent to Newton county. The old Adams Co., Bank of Decatur vs. Seth B. Moffitt; judgment against defendant for $226. J. B. Parks vs. Lawrence B. Saylerand Lewis Sayler; defendant Lewis Sayler defaulted and judgment taken for S6O; continued as to Lawrence Sayler. Amelia 8. Fagot, adm„ vs. John J. Fagot et al; Geo. A. Williams appointed guardian ad iitim; prayer of petition granted, sale ordered; W. O. Roaditer and T. J. Harrington appointed appraisers appraised value $1,000; add. bond $2,000 filed and approved; sale reported and confirmed to Robt. Parker; deed ordered. The Murphy damage case from Morocco. was on trial yesterday,