City to Pay Costs in Broadway Suit

The city must pay court costs and $850 attorney fees in a suit growing out of the condemnation proceedings for the opening of Broadway, Pico to Washington. This was the decision of the district court of appeal in the case of the city against George T. Cline, William Rorick and Betty C. Rorick and others several years ago. The defendants’ lands were condemned for use by the city in the improvement. The value of the lands was fixed in the trial court at $23,000. The city didn’t pay it. Superior Judge Jackson gave decision to defendants, including costs and attorney fees. The city lost its appeal.

Source: Los Angeles Herald, March 29, 1919.

 

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Supreme Court Rules on The Dalles Debt Problem

 SALEM, July 9.—(UP)—The city of The Dalles cannot exceed its debt limitations provided by state statute by guaranteeing interest on a proposed $650,000 toll bridge bond issue, the supreme court ruled late Friday.

The opinion reversed the decree of Judge Fred Wilson of the Wasco county court denying an injunction against the bonds to J.T. Rorick, a taxpayer.  Judge Wilson’s ruling pointed out that a contingent liability did not become a debt until it was actually due.  Justice Rand wrote the dissenting opinion.

Source:  Corvallis Gazette-Times, July 9, 1932.

Referee’s Sale of Real Property

NOTICE IS HEREBY GIVEN THAT by virtue of a commission duly issued out of the circuit court of the state of Oregon for the county of Polk, and to me directed on the 15th day of January, 1900, upon a decree and order duly rendered and entered of a record by said court on the 5th day of January, 1900, in a certain suit therein pending, wherein Amy M. Gimble and S.S. Gimble are plaintiffs, and Olive Morris, Stella Johnson and Walter Johnson, her husband, Anna E. Frakes, Jesse B. [sic] and Cora Walling, his wife, Florence Toner and William M. Toner, her husband, Alice M. Pomeroy and O.S. Pomeroy, her husband, Grant Walling and Nellie Walling, his wife, Jennie L. Glandon, E.C. Keyt and J.N. Skaife are defendants, directing a sale of real property sought to be partitioned in said suite and hereinafter described, and appointing me referee to sell the same and report such sale, and to carry out the object of such decree according to law, I will, on

Wednesday, the 7th day of March,

1900, at the our of 11 o’clock in the forenoon, at the court house door in Dallas, Polk county, Oregon, sell at public auction to the highest bidder all the right, title, interest and estate of the plaintiffs and defendants in and to the following described premises, situated in the county of Polk and state of Oregon, to-wit: The east one-half (½) of the donation land claim of Jesse D. Walling and Eliza Ann Walling, his wife, being notification No. 247, claim No. 52, in section 31, township 6 south, range 3 west of Willamette meridian; clam No. 48 in sections 35 and 36, township 6 south, range 3 west of Willamette meridian, and claim No. 58 in sections 1 and 2, township 7 south, range 4 west of the Willamette meridian, and containing 322 71 acres. Also a part of said donation claim of Jesse D. Walling and wife, aforesaid, described as follows, to-wit: Beginning at a point on the north line of said donation land claim 78.17 chains west from the northeast corner of said claim; thence south 74½ degrees west, 38.67 chains along the north line of said claim; then south, 15 degrees, 22.64 chains; thence north, 74½ degrees east, 17 chains; thence north, 15 degrees west, 7 chains; thence north, 74 1-2 degrees east, 21.66 chains; and thence north, 15 degrees west, 15.25 chains to the place of beginning, containing 71.51 acres, more or less.

The said sale will be made subject to the approval and confirmation of said court upon the following terms, to-wit: Ten percent of the purchase price to be paid by the purchaser to the undersigned referees at the time of sale, and the balance thereof to be paid upon the confirmation of such sale by the court and delivery of the referee’s deed.

Dated this 29th day of January, A.D, 1900.

JAS. R. SHEPARD
Referee

Source: Polk County Itemizer, February 9, 1900.

Idaho Statute Is Sustained

Unlawful to Graze Sheep Within Two Miles of Habitation.

Washington, D.C., Feb. 5.—Owners of sheep in Idaho cannot let them run within two miles of a human habitation, according to a decision rendered in the supreme court of the United States yesterday. The opinion was by Justice McKenna and was handed down in the case of Ormbsy & Brown vs. Enos Walling, all of Idaho.

The suit was instituted by Walling, who complained that, contrary to the state law compelling sheep herders to keep their stock away from private residences, Ormsby & Brown had allowed them to come within the protected area, much to the injury of the range. He asked for damages and the state courts award them.

Big Drainage Suit Is Filed In Supreme Court

This morning William Van Sickle and his fellow land owners in Nemaha county filed a brief in the state supreme court upholding the act of District Judge Babcock in holding the new drainage act adopted by the last legislature unconstitutional, as a deprivation of private property for a private use. The suit involves $750,000 worth of arable land in Nemaha and Richardson counties which is useless without proper drainage.

The suit was brought by the owners of a portion of this tract of land under the terms of law enacted by the last legislature giving two-thirds of the owners of the land in any district which needs drainage power to form an incorporation and dig a ditch, bonding all lands which will be benefitted thereby not to exceed $6 an acre, with not to exceed 50 cents per year for the sinking fund.

$100,000 Suit is Filed By Woman Against O-W. R. & N.

News from The Dalles is to the effect that damages aggregating $100,000, as a result of injuries sustained at Celilo in the head-on collision of two O. W. R. & N. trains, were asked of the railroad company by Mrs. Reta E. Cole of Amity, Oregon, in a complaint filed by local attorneys of The Dalles on February 25.

This is the second large damage suit to grow out of the Celilo disaster, an action for $25,000 for personal injuries having been entered two weeks ago.

Sheep Must Keep Place

Cannot Come Within Two Miles of House in Idaho

The owners of sheep in Idaho cannot let them come within two miles of a human habitation, according to a decision rendered yesterday in the United States Supreme Court. The opinion was by Justice McKenna, in the case of Ormsby & Brown vs. Enos C. Walling, all of Idaho.

The suit was instituted by Walling, who complained that, contrary to the State law compelling sheep herders to keep their stock away from private residences, Ormsby & Brown had allowed a herd of 3,000, owned by them, to come within the protected area, much to the injury of the range. He asked for damages, and the state court awarded them.

Case Of Dr. Bennett

Prosecuting Attorney Withdrew Form [sic] The Inquest

SOME PECULIAR PROCEEDINGS

Doctor Arraigned For Murder In The First Degree

Coroner Luton Mystified by the Actions of the Prosecutor—Cross Examination of Witnesses by Attorney for Defense, Which Furnished a Stenographer.

There were some very peculiar proceedings in the case of the prosecution of Dr. Charles T. Bennett of Detroit for alleged murder, and the coroner’s investigation into the death of Miss Alta B. Richards, who died while under chloroform administered by Dr. Bennett at the Eagle hotel. Coroner Luton called a jury, the members of which were S.K. Bolles, H.H. Drury, F.L. Colson, A.L. Hatch, F.E. Rice and Francis Lilly. The inquest was opened and the evidence of several witnesses was taken when Coroner Luton was called to the telephone. Prosecuting Attorney Rodgers was at the other end. He told the coroner to tell Assistant Prosecutor Minor to leave the inquest at once and go upstairs to the prosecutor’s office and that the prosecuting attorney would withdraw from the case. Mr. Rodgers told the coroner he had no business to allow Attorney McKnight, who was at the inquest as the representative of Dr. Bennett, to make any cross examination of the witnesses as he had done, and this was his reason for withdrawing from the case. Coroner Luton supposed the prosecutor was going to order the prisoner released and that all prosecution against him would be stopped, but this was not the case.

Sues to Recover Price of a Bogus Nugget

Redding, March 27.—A.F. Dobrowsky, a local jeweler, brought suit today against John W. Hare, an insurance agent, to recover $27 50 paid Hare for a nugget which proved to be bogus. The specimen appeared to be “lousy” with gold. The yellow metal filled its every crevice and there were large crevices. Had the filling been gold, the specimen would have been worth possibly $50, but it was not. It was goldfoil cleverly inserted by the hand of man. Hare paid $20 for the “gold brick” and sold it to Dobrowksy, not knowing its fraudulent character, at an advance of $7 50. The jeweler found it was bogus and demanded his money back, but the insurance agent would not return the full price, hence the suit.

Source: San Francisco Chronicle, March 28, 1903.

Case Reversed

Waverly, Nov. 24.—The appellate division of the supreme court has handed down a judgement reversing the decision of the supreme court in the case of Frances Shipman as sole administratrix of the estate of Rufus Shipman vs. the Lehigh Valley Railroad Company.

Mr. Shipman was killed near the Erie depot in Waverly in September, 1909, while standing near a peach car on the siding. The case was tried in supreme court in September, 1910, before Justice Lyon, who granted the defendant a non-suit, and from that judgement the plaintiff appealed and has been granted a new trial by the higher court.

Source:  Elmira Star-Gazette, November 24, 1911.