Jasper County Democrat, Volume 12, Number 68, Rensselaer, Jasper County, 8 December 1909 — A DRAWN LEGAL BATTLE. [ARTICLE]

A DRAWN LEGAL BATTLE.

Questionable Which Party Won. In the Cox vs. Horton Case. The case, of Anson Cox for the foreclosure of a mechanic’s leln on Dr. Horton’s new building seems to have had about the usual result of lawsuits—both parties getting the worst of It. Cox sued for some S4OO and Horton put in a counter claim for |l t ooo for damages among which was that caused by a crack in one of the walls, which Cox says he was not responsible for, it coming from the joint wall of Horton and Roth Bros, and that it was the result of defect in workmanship of the contractors on the-latter building. The evidence clearly exonerated Cox from blame in this respect. The case occupied more than two days of court, and then the court gave Cox a judgment for 1238.57, which includes a SSO fee for his (Cox’s) attorney. Horton must pay the court costs and his own attorney, which will probably be SIOO. In addition to this the case did not add any to the pleasant relations existing between the parties, and Cox is threatening to make Horton remove the balcony and bow-window from over the sidewalk on Cullen street, on the new building, he never having got any permit from the city council to erect same, and in fact it would nave amounted to nothing if he had, as they would have no power to grant any permit of the kind that would be legal. Anyone could force the removal of the obstruction, of course, and if Cox should go ahead and do this it would mean a hundred 'or or more dollars expense to Horton in addition to what he has already had to pay. The balcony is some 32 feet long and seven feet wide, and is supported by four stone pillars erected between the sidewalk and curb. The city never ought to have permitted them to be built there in the first place, as sooner or later the owner of the property will likely have to pull them down at considerable expense to himself and damage to his building.