Jasper County Democrat, Volume 11, Number 44, Rensselaer, Jasper County, 4 November 1908 — THE COURT HOUSE [ARTICLE]

THE COURT HOUSE

Items Picked Up About the County Capitol. Nine marriage licenses were Issued last month, against 10 for the inonth previous and 11 for October 1907.

j Marriage licenses Issued; Nov. Lloyd Elbert Low of Medaryville, son of Simon Low, aged 21, occupation barber, to Effie Ethel Odota Of Gillam tp., daughter of Charles Odom, aged 21,, occupation housekeeper. First marriage for each. Nov. 2, Motos E. Hancock of Kersey, aged 43, occupation farmer, to Alla Mae Elch, also of Kersey, aged 30, occupation housekeeper. Second marriage for each, male having been divorced in 1898 and husband of female having died Oct. 29, 1901. Marriage ceremony by Squire Irwin. —®— « New suits filed: Charles M. Greenlee vs. Eva Greenlee; suit for divorce.

The complaint states that the parties were married March 12, 1894, and lived together as husband and wife Until Nbvember 1997, when they separated and have since llvQd apart; that they have three children aged 13, 11 and 4 years, respectively; that the l&t two years of their married life has not been pleasant nor congenial on account of the sullen demeanor of defendant toward plaintiff, calling him bad names, etc., and refusing to care for him in sickness; that plaintiff has always treated defendant as a busband should and tried to do, his part as a husband and father; that he has tried repeatedly to conciliate defendant and to convince her of the error of her ways, etc., but she has refused to be conciliated or to live with him. Plaintiff states that he is willing the children shall select which they desire to live with after the separation. The parties reside at McCoysburg.

—o, r The ditch case of. John Renicker, er. al. vs. Thomas Davis, et al. appealed to the appellate court, was dismissed Friday, the court holding: (1) In order that an appeal to the Circuit Court from an order of a board to commissioners overruling exceptions to the preliminary report of the drainage commissioners in favor of the construction of a public ditch may be taken under Sections 3 and 9 of Acts 1905, .Pages 461, 472, before the final order or judgihent by such board has been made, it is necessary that the provisions of the statute allowing such an interlocutory appeal be strictly flowed. (2) The statute permits such an interlocutory appeal “by praying for such appeal at the time of the decision of the court upon the exception to the preliminary report, and by filing within thirty days thereafter an appeal bond,’’ etc., and obviously aims to make all such appeals in the nature of term time appeals, and makes the appeal operate to stay all proceedings in court below until it is determined. Therefore, where there was nc prsv, er for an appeal at the time th«* ruling was made, and the court proceeded to refer the petition and report back to the drainage commissioners, an appeal thereafter taken by merely filing an appeal bond gave the Circuit Court no jurisdiction and this court acquired none on appeal from it.