Jasper County Democrat, Volume 11, Number 11, Rensselaer, Jasper County, 6 June 1908 — THE COURT HOUSE [ARTICLE]

THE COURT HOUSE

Items Picked Up About the County Capitol. Ex-County Commissioner John C. Martindale has just been paid $ 2,800 life insurance endowment, together with nearly another hundred accumulations. G. G. Garrison, general merchant of Remington, who has been financially embarrassed for several months and whose store has been closed for the past few weeks, made an assignment May 29 to William Guthrie of Monticello for the benefit of his creditors. New suits filed: No. 7322. Franklin MacVeagh & Co., vs. Gamaliel G. Garrison and Tirzah A. Garrison; suit on note. Demand $278.10. No. 7323. Horace E. James vs. E. J. Murray et al; action to recover on judgment rendered against defendants in Larimer county, Colo. Demand $242.74. The conuty commissioners finished the work of the June term Tuesday afternoon and adjourned. Following is a report of their proceedings not heretofore reported: All ditch causes continued. Notice ordered for letting of contract on first day July term for a new bridge in Milroy tp. Contracts for poor farm supplies for ensuing quarter let to Milton D. Roth for meats at sl9; to John Eger for groceries at $131.99, and to G. B. Porter for clothing, etc., at $29.90. Interest on county funds for the month of May as reported by the various depositories was as follows: First Nat. Bank, Remington $69.64 First Nat. Bank, Rensselaer 132.80 State Bank, Rensselaer. .. . 122.50 Jasper S. & T. Co., Renssel’r 123.89 Bank of Wheatfield 33.52 Total. . .$482.45 The case of B. J. Gilford vs. John Bingham, tried in the Jasper circuit court March 7, 1906, and decided in favor of defendant, was reversed by the Appellate court Thursday. Gifford had sued defendant for delayed possession of a farm belonging to plaintiff. Defendant claimed his wife was sick and it was impossible for him to get out. He was on the farm some 28 days after his lease expired. Plaintiff asked for judgment on the interrogatories notwithstanding the general verdict, which motion and a motion for a new trial were overruled. Plaintiff appealed to the appellate court with the above result the court holding: “(1). A lessee of a farm who admits having held over after his lease expired can not successfully defend against an action by the landlord, under Section 7106, Burns 1901, to recover possession and damages by showing that his wife and child were too ill to be removed from the residence on the farrr without endangering their lives, and that the landlord was so notified. (2). If a tenant has surrendered all of the leased premises, except that his sick wife continues to occupy so much of the residence as is made necessary by the fact that she is too ill to be removed without endangering, her life, it is a question for the jury whether or not leaving his sick wife in the house constitutes an unlawful holding over.”