Lawyers Compromise Adrian Property Suit

The suit of John L. Shauger against Thomas Isaacson, which was to have been heard by Judge G. Arthur Rathbun in the Lenawee circuit court today, was settled by attorneys, who agreed on a consent decree.

The suit was brought to have a deed to property in Adrian declared a mortgage.  The decrees that the property be returned to the plaintiff on payment of $125 to the defendant.  Clark & Bean represented the plaintiff and Wood & Williams of Tecumseh appeared for the appeared for the defendant.

Source:  Adrian Daily Telegram, February 23, 1932. 

Legal News

The case of John F. Rochelle vs. The News & Telegraph Publishing Col, will come up for trial Monday.  This is a suit in which plaintiff claims $5000 damages for libel.  (Hamilton Evening Journal, March 4, 1893)

In the Supreme Court the jury in the case of Reuben F. Sutton vs. the West Jersey Railroad Company, gave a verdict of $4,000 for the plaintiff. (Camden Courier-Post, January 26, 1894)

Steps are being taken to have commission appointed to inquire into the insanity of Horace Lateer, the old man who attempted suicide at the Oriental hotel in Middletown, by taking laudanum. (Port Jervis Union, August 20, 1894)

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Was Not Dead ‘Till He Died

When David G. Rorick, a conductor on the Santa Fe railroad, met with an accident which resulted in his death, Mrs. Issola Rorick, his widow, tried to collect a policy for $5000 on his life in the Railway Officials’ and Employees’ Accident association of Indianapolis.

After the usual red tape, her application for the money was denied, and she brought suit in the U.S. district court for the amount. The company set up the novel defense that is explicitly stated in the policy that the beneficiary must notify the company within 15 days of the accident, and this was not done.

The reason this was not done, says the widow, is because her husband did not die until 17 days after the accident, so she could not report him dead within the prescribed time. On demurrer, however, her suit was dismissed, and now Hunter & Summerfield and Works & Lee have appealed the case to the U.S. district court for the widow.

Source: Los Angeles Evening Post-Record, March 18, 1902.

Before Justice Garrison

Reuben R.F. Sutton’s suit for damages against the West Jersey Railroad was continued this morning in the Supreme Circuit, having been opened yesterday.

Sutton was injured at Haddon avenue while boarding a train for Gloucester.

It is said his injuries, which were about the head, will be permanent. Samuel Grey, Esq., for the Railroad, asked for a non-suit at noon but the motion was denied.

Source: Camden Daily Telegram, January 24, 1894.

Defendant Must Pay For Water

Judgement for Plaintiffs in Sum of $800 for Water Rental for Four Years—Defendant Claimed Perpetual Water Right Without Compensation for His Land.

Judge Stewart yesterday rendered a decision in the case of Joseph Perrault and R.Z. Johnson vs. Enos C. Walling, wherein the plaintiffs sought to recover the value of delivering water to the defendant from the plaintiffs’ irrigating ditch during the years 1902 to 1905 inclusive. The parties in the case entered into a stipulation that a reasonable charge for said water is $2 an inch and the evidence showed that 100 inches had been used by the defendant annually during the past four years. The court decided that “plaintiffs are entitled to recover from the defendant the sum of $800, being a reasonable and fair charge for the rental of said water during the period named.”

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Aged Main Fails to Obtain Sum Alleged Due From Daughter

Jesse Walling Hears Court Rule That Case Can Proceed No Further.

Again Jesse W. Walling, an old man past 80 years of age, has failed in his effort to collect from his daughter, Lizzie Elbert, and her husband, Harvey Elbert, the sum of $1820 which he alleges they defrauded him out of in a land transaction. Feeble and alone, with his hair streaming down over his shoulders, he sat in Judge Bert Linn’s court today and heard the court rule that his case could go no further.

Judge Linn, before whom the case has been heard for the last two days, took it from the jury and ordered a continuance. In withdrawing the case Judge Linn ruled that a motion for dismissal would be granted, unless counsel for the plaintiff wished for a continuance in which to formulate an amended complaint. The continuance was taken.

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Doctor Gets No Pay For Service

A verdict for $472 was brought in by a jury in Superior Judge Huneke’s court Monday for Jesse W. Walling, aged 82, in the latter’s suit against Dr. J.A. Born. This was the second trial of the case, and the verdict was practically the same as the one brought in for Mr. Walling at the former hearing.

Walling declared that Dr. Born agreed not to charge him anything for treatment if he failed to cure him, but that afterward he took a check for $575 from him and refused to return any of it, although he had not made him better.

Dr. Born testified that Walling owed him $662 for his bill, saying that, in addition to giving the old man treatment, he had advanced him $102. The jury allowed nothing for the treatment in its verdict, but reimbursed the doctor for the money advanced.

Source: Spokane Chronicle, October 19, 1915.

Unable to Prove Property Hidden

Because of the plaintiff’s inability to provide that Dr. J.A. Born or his associate, Dr. Mary Oliver, were concealing any of Born’s property and refusing to apply it to a judgement secured against him by Jesse W. Walling some time ago, Presiding Judge Blake of the superior court today dismissed an injunction forbidding Dr. Born or Dr. Oliver from disposing of any of the property of the former.

Walling was given a verdict by a jury in Judge Huneke’s court for the recovery of about $500 from Dr. Born on a check which Walling claimed the doctor took from him while acting as his physician and refused to return.

Source: Spokane Chronicle, December 27, 1915.