Jasper County Democrat, Volume 16, Number 91, Rensselaer, Jasper County, 14 February 1914 — COURT HOUSE NEWS IN BRIEF [ARTICLE]

COURT HOUSE NEWS IN BRIEF

Interesting Paragraphs from ths Various Departments OF JASPER COUNTY CAPITOL The Legal News Epitomized—Together with Other Notes Gathered From the Several County Offices. County Surveyor DeVere Yeoman was a Chicago business visitor Wednesday. Charles Pullin has registered his 94 acre farm in section 34, Barkley 't.p., occupied by his son, Joseph Pullins, under the name of “Harmony Hill.” Charley says there are so many musical instruments out in that neighborhood that he thtought this would be a very appropriate name for the farm. Marriage licenses Issued: Feb. 10, Harvey E. Rowland of Goodland, aged 24 May 11, 1913, occupation farmer, to Emma A. Colston, daughter of David Colston of Carpenter tj»., aged 21 June 13, 1913, occupation housekeeper. First mjarriage for each. Feb. 11, Grover Manson Beaver of Milroy tp., aged 29 Sept. 7, 1913, occupation farmer, to Etta Marie Harwell, daughter of William, H. Harwell, also of Milroy, aged 18 Miarch 24 last, occupation housekeeper. Second marriage for male, first marriage having been dissolved by death May 27, 1911; first marriage for female. Married by Rev. J. C. Parrett at the Presbyterian manse. Feb. 12, Lawrence Blacker of Newland, aged 21 Jam. 28 last, ocfarmer, to Chloe Martin, daughter of George W. Martin of Kniman, aged 18 May 31 last, occupation housekeeper. First marriage for each.

Victor Greenwood, the young hobo who with a companion broke into the G. E. Murray Co. store here a few weeks ago to procure a new outfit of clothing, and was not so fortunate as his pal, who made good his escape, was arraigned before Judge Hanley Wednesday. On a plea of guilty he was sent to the reformatory for from one to eight years. He gave his age, we understand, at 21 years, but has later stated that he was only 19 and said he had been hoboing for some three or four years. His folks live at Schenectady, N. Y„ he stated. With good behavior he will get out at the experation of the minimum sentence, one year, and it is hoped the imprisonment will be a lesson to him. The young man who tries to get a living without work usually ends up in about this manner. Perhaps a year in prison will bring young Greenwood t) his senses. Sheriff Hoover took him to the reformatory yesterday.

Sheriff Hoover received a communication Wednesday from the authorities of the State Soldiers’ Home at Lafayette in regard to Mrs. Ruth Kuster, widow of the late S. H. Kuster of Remington. The letter states that M>rs. Kuster has become badly deranged, and as the home i has no place for taking care of insane persons, Jasper county is asked to look after her. It states that’ she has about $450 in cash in Lafayette, and Remlngtdn, the money at the former place ; being on deposit in a La--1 fayette bank. The postmaster at Lafayette has refused to turn over the last pension check because of her mental condition, and the authorities state that a guardian should he appointed to look after her estate. The sheriff will take I the matter up with Judge Hanley i and try to have a guardian apI pointed, and she will probably be taken direct from the home to the | asylum at Longcliff. The letter also states that Mrs. Kuster has a i sister residing at Elwood, but that 1 the latter is 75 years old and unable Ito look after her. She also has a I brother some place in Illinois, who 1 is said to be a preacher.

At this writing County Auditor Hammond has not secured a place to move, the Paris property now occupied by him having recently been sold to Fred Chapman, the mail clerk, at $2,500. Fred wants to dispose of his present residence on the east side before moving to the Paris property, and would like to have Mr. Hammond remain in the latter until be sells out, but unless Mr. Hammond can remain in the property until fall he will probably move therefrom as soon as he can find a suitable place. By the way, this Paris property was one of the best bargains in residence property sold here for some time. The ground has a frontage of 150 feet on Forest street and 120 feet on Clark street, with a good large house, barn, etc., and a 75-foot lot could easily be sold off on tihe north for SBOO or SI,OOO, which would leave the corner property at only $1,500 or sl,700, about two-thlrds its actual value.

Following are the abstracts of opinion of the supreme court in a couple of cases from Jasper county recently passed on by said court: 22570. Granville Moody et al. vs. Schuyler C. Irwin et al. Jasper C. C. Appeal dismissed. Spencer, J. (1) Complaint by appellants to review a judgment of the circuit court, establishing a stone road Improvement under Sections 7694-7710 Burns’ 1908. From decision upholding appellee’s demurrer to complaint appellants’ appeal. Appellee moves to dismiss for the reason that by statute there was no appeal from the judgment which the complaint sought to review. Held: That parties can not by .circumvention appeal from a judgment from which the statute denies an appeal. 22200. Cordelia M. Williams vs. W. Frank Osborne et al. Jasper C. C. Affirmed. Myers, J. (1) Sult for Injunction to enjoin the construction of the ditch considered in Williams vs. Dexter, 175 Ind. 6 59. The complaint alleges that the commissioners’ court established an open ditch and constructed it by assessments on the lands benefited. That the ditch which is sought to be enjoined was ordered along the same route "by the circuit court and appellant’s land Is assessed for its construction. Both ditches lying wholly within Jasper county, as the court judicially knows by description, though not alleged. Held: That without appellant’s allegations in her complaint there would be no showing that the ordered ditch Is on the line of an old ditch, and the circuit court having jurisdiction of the subject matter and the record showing no defect, the judgment is not open to collateral attack. (2) The fact that part of appellant’s land was assessed for first ditch and not for ordered ditch will not prevent draining into ordered ditch. (3) The fact that an ordered ditch for a distance travels the line of an old ditch ordered by another court, does not prevent its construction. (4) The statute intended to prevent cleaning and repair of a ditch by a court other than the one ordering the construction, but there is not the same reason for the rule where the proceeding is to construct a new and larger ditch over the same course.