Jasper County Democrat, Volume 18, Number 61, Rensselaer, Jasper County, 30 October 1915 — COURT HOUSE NEWS IN BRIEF [ARTICLE]

COURT HOUSE NEWS IN BRIEF

Interesting Paragraphs From the Various Departments OF JASPER COUNTY CAPITOL The Legal News Epitomized—-Together With Other Notes Gathered From the Several County Offices. Commissioners’ court convenes Monday. Don’t forget that next Monday, Nov. 1, is the last day for paying your fall installment of taxes to avoid the penalty for their going delinquent.

New suits filed: No. 8505. Minnie Comer vs. V. J. Crisler & Co.; action to set aside contract. No. 8506. Dominic Beirne vs. V. J. Crisler & Co.; actoin to set aside contract.

County Trea'surer-elect Charles V. May and family were over from Remington looking after the repapering work being done on the interior of their recently purchased property here. Mr. May will move here some time in November, we understand.

Sheriff McColly received a letter Thursday from Louis Jamison, the Russian, whose wife and three children are still at the county farm. He says he has enlisted in the military service and will leave Canada, Dec. •1. There is not much prospect apparently for Jasper county to get the family off its hands.

■ Marriage licenses issued: Oct. 27, Joseph Budreau of Wolcott, son of Alfred Budreau, aged 20 March 25 last, occupation farmer, to Edith Durlin of Remington, aged 19 May 13 last, occupation housekeeper. First marriage for each. Male being under age, his father files written consent to issuance of license. Married by Rev. C. W. Postill at his home on the north side. Oct. 27, Albert Hotler of Goodland, son of Joseph Hotler, aged 24 Sept. 27 last, occupation farmer, to Mary Maud Branson, daughter of Joab Branson of Rensselaer, aged 20 March 11 last, occupation housekeeper. First marriage for each. Married by Rev. Titus at the latter’s residence.

Oct. 28, Henry Burton Avis, Jr., of Rensselaer, aged 20 Nov. 3 last, occupation laborer, to Dora Lucella Platt of McCoysburg, aged 20 Nov. 25 last, occupation housekeeper. First marriage for _gach. Groom being under age, Henry Burton, his father, files written consent to issuance of license.

Oct. 28, Frank Dunn of Medaryville, aged 23 Jan. 26 last, occupation farmer, to Eva Wesner of Medaryville, aged 18 March 22 last, occupation housekeeper. First marriage for each.

Deputy Prosecutor Sands was up in the north end of the qounty Thursday to look after the State’s interests in a case filed by Nathan Keen against Jesse Atwood, in John Greve's court, a change of venue having been taken by Atwood from Wheatfield to Demotte. The trouble arose over a bee tree, and Keen wanted Atwood placed under peace bonds. This case was dismissed and an affidavit then filed charging Atwood with assault and battery, on which he was fined $1 and costs. Thursday evening Mr. Sands was called to Remington, where a Jew junk dealer named Shankelman, was charged with having given or sold iome whiskey to Arthur Glosser, a young man. of that place. Shankelman plead ndt guilty, but the case was tried and he was found guilty and fined S2O and costs, making $29 in all, which he paid. Yesterday Mr. Sands went over to Kentland on business connected with the Gleason case, tried there Tuesday, the question of a suspension of the jail sentence coming up, we understand. The case of George Lamphier vs. Fred Karch, former trustee of Walker tp., et al, was affirmed by the ap-

foliate court Wednesday. The appellant sued Katch and the road supervisor for the loss of a horse which got its leg broken in a hole in a bridge in Walker tp. When the case came up in- the Jasper circuit court the court sustained the separate demurrer ot defendant Karch. Plaintiff refused to amend his complaint and elected to stand on the complaint as filed and abide by the ruling of the court, who adjudged that plaintiff take nothing from defendant and that the latter recover of plaintiff his costs and charges laid out and expended. Plaintiff appealed to the appellate court, which in affirming the lower court said, in brief:

Action by appellant for damages against appellees, personally, because they are township trustee and supervisor of roads, and appellant’s horse was injured by having its foot caught in a hole in a bridge which appellees as such officers had negligently failed to repair. The court gives a thorough review of the law governing the repair of highways and of the duties of public officers and the right of an individual to claim damages for the failure of a public officer to perform his duty and holds that where the duty is a public duty an individual can not base an action for personal damages upon the failure of the officer to perform it. The court holds that the duty of the appellees, trustee and supervisor, was a public duty and that the appellant could not base any action for private damage upon the neglect to perform it.