Jasper County Democrat, Volume 14, Number 54, Rensselaer, Jasper County, 11 October 1911 — Items From the Circuit Court Docket. [ARTICLE]

Items From the Circuit Court Docket.

No. 108. Rompke Sipkema ditch: supt. files final report showing charges of $6,012.06 and credits of $5,873.11. leaving a balance of $138.95, which is ordered carried to bond fund of ditch. Allowances made: L. I. Halleck, $6; R. E. Halleek. $32; Abe Halleck, $35; J. W. McEwan, sl2; Healey & Clark, sl6; John O’Connor, $10; Healey Clark, $5; M. B. Price, $163.30. No, 89. Horace Marble ditch; joint motions for new trial by Wm. E. Pinney, John Brown and Wm. B. Brown overruled, also same

ruling on motions for arrest of judgment by same parties. , Motion for new trial by Chicago & Erie and C. & O. Rys. overruled, also motions of Wm. E. Pinney, Frit* Hemburg. Daniel Wood, Anna S. Smith, Charlotte Hemburg, Caroline Kreeger and Catharine Ritter, et al. for modification of finding and judgment overruled. John and Wm. B. Brown. Wm. E. Pinney, Chicago & Erie and C. & O. Rys. jointly and severally pray an appeal to the supreme court and 30 days given to file bond, bond not less than SI,OOO to be approved by clerk. Clifton J. Hobbs appointed supt. to file bond in sum of $25,000. Browns object to appointment of Hobbs and to the amount of bond, as being too low. Attorney fee of $7,500 allowed Abe Halleck at this time, also bill of John M. Knapp for sl2. No. 100. Joseph C. Borntrager ditch; continued for term. No. 111. R. E. Davis ditch; Barnard & Barnard file petition to modify order herein. No. 115. M. J. Delehanty ditch; Supt. reports notice and sale, contract and bond approved.

No. 7173. John Finn vs. Winifred Finn; Foltz & Spitler file objections to motionjLO require clerk to pay money to John Finn, setting up attorney's lein. Cause taken under advisement. No. 7607. Aetna Life Ins. Co. vs, Iva Moffitt, et al.: cause submitted. evidence heard, and matter taken under advisement. No. 7637. Louis P. Hammond vs. Emma and John Herr; demurrer filed to additional paragraph of complaint overruled and defendant ruled to answer by Oct. 16. No. 7676. Wm. Kresel vs. Winner Mfg. Co. et al.; First Nar. Back of East St. Louis, 111., files motion for new trial. No. 7691. Burt Haywood Co. vs. Board of Commissioners Jasper county: demurrer heretofore filed is sustained and plaintiff prays appeal, which is granted. No. 7715. Thomas J. Wolf vs. Marion L. Russell, et al.; motion for new trial overruled and appeal granted. No. 7 719. Geo. P. Bent Co. vs. Albert S. Keene; motion filed for new trial. No. 7 729 I £. Emmet L. Hollingsworth vs. David D. Gleason; dismissed, costs paid. No. 7731. Connecticut Mutual Life Insurance Co. vs. Trust & Savings Bank of Rensselaer, et al.; dismissed, costs paid. No. 7732. Trust & Savings Bank, adm. vs. Margaret M. Dodge, et al.; continued for term. No. 7740. Lendert Mak vs. Martin Warner, et al.; judgment quieting title.

No, 7748. Charles E. Sage, et al. vs. James H. Chapman, et al.; court renders special finding of facts and conclusions of law. Court’s finding in brief is that the board of commissioners had no jurisdiction to act and appoint reviewers, and that this court has no jurisdiction in this cause. Judgment dismissing same. The finding of the court as to legal signers of the petition and withdrawals to same reduced the number below the required fifty freehold voters of said township. (A mapority thereof and should have been dismissed, etc., etc.) It seems, according to ijhe objections made that the petition was originally filed on April 29, 1911, and withdrawn May 13, and re-filed May 15 without being resigned and without authority from the petitioners or a part thereof; that the five names added to said petition May 15 cannot be considered a part of the original petition; that the costs of construction will exceed by many thousand dollars the 4 per cent valuation of said township.

No. 7749. Reuben C. Yeoman, et al. vs. Almira M. Stockton, et al.; remonstrators refile abjections to validity and hearing of cause. Continued to Nov. 6th. No. 7750. Everett Halstead, et ah vs. same; same entry. No. 7764. Gus-tax Feileke vs. J John J Vanßuskirk. et al.; judgment quieting title. No. 7763. Stanton T. Spencer vs. Fred Lanie; cause dismissed, costs paid. No. 7769. Margaret Ransford vs. First National Bank of Rensselaer: defendant’s motion to modify judgment overruled. Defendant files motion for new trial. No. 7772. State of Indiana, ex rel. Ella Elizabeth Thomas vs. Clinton Saidla; jury trial, judgment on verdict S4OO, $25 to be paid each three months. No. 7773. Almira M. Stockton vs. W. F. Osborne, county surveyor; continued for term No. 7776. E. W. Horner vs. August M. Schrieber; judgment for $227.10. No. 7786. State, ex rel. Everett Greenlee, vs. Edward P. Lane, trustee Newton tp.; Wm. Darroch appointed to hear cau-se. Defendant files demurrer to complaint

and cause set for farther hearing on Friday, Oct. 13. No. 104. John P. Ryan ditch: allowances made as follows: Frank Osborne, $254,10; L. P. Shirer. $193.88; Louis Timm. $238.88; Omar Woodworth. sl2; Press Pullins. $25; Elmer Straight, sl7; Richard Shirer, $62: Sam. Steveifc, $2: James Warner. $2.