Archive for the ‘Lawsuits’ Category


Wants Dealers to Pay $9,000

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The Fort Dodge Messenger: Dec. 2, 1903

Wants Dealers to Pay $9,000

Mrs. S.E. Smith Files Suits Against Three Firms Selling Intoxicants

Alleges Sold Husband Drink

Report That Defendants are Only Men Who Wouldn’t Make Settlement

Suits for damages aggregating $9,000 (about $221.796 today) have been brought by Mrs. S.E. Smith against three Fort Dodge dealers in intoxicating liquors on the grounds that they sold intoxicating liquors to her husband, S.E. Smith, and thereby lost to her the support which she would have received from him had he not been furnished with opportunity to become intoxicated. The defendants int he suits are Jacob Schmoll, Kiley & McCaffrey and C.S. Corey. Of each individual dealer plaintiff asks $1,500 ($36,966) actual and $1,500 exemplary damages, or a total of $3,000 ($73,932). Petitions for plaintiff have been filed by W.T. Chantland in the office of the county clerk.

The wording of each petition is similar. It is alleged that the defendants for the past year have been selling intoxicating liquors to S.E. Smith, plaintiff’s husband, who is addicted to drink. It is claimed that Smith is a stone mason and when able to work makes from $2.50 to $4.50 ($62 to $111) per day, which however, he does not earn when under the influence of liquor.

It is hinted that the trial of the suits on file will prove unusually interesting. Smith, it is claimed, did not confine his liquor purchases to any particular dispensers of intoxicants and other liquor dealers may be implicated. There is a further report that defendants in the three suits on file are the only persons who refused to make a “settlement” with plaintiff and that others were accused of selling Smith liquor, but that they made a settlement and no action was taken against them.


For The Custody of Children

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The Fort Dodge Messenger: Feb. 24, 1906

For The Custody of Children

Suit Between Divorced Man and Wife Filed in the District Court Today

Suit was filed in the clerk’s office today by Edward Fuller asking the custody of his five children who are now held by his divorced wife Jennie (uncertain about the middle initial – it looks like an upside-down F) Fuller.

The petition of the plaintiff states that he was granted a decree of divorce by Judge W.D. Evans in 1904 and that at that time the custody of the children was given to him. Despite this, his former wife has according to his claims held the children and has refused numerous requests to give them into his possession. He alleges that they are now wrongfully witheld (sic) from him and asks that the wife be commanded by the court to give them into his possession. The Fullers were former residents of this city who are now living in the country.


Another Chapter in Anderson Case

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The Fort Dodge Messenger: Feb. 11, 1903

Another Chapter in Anderson Case

Supreme Court Dismisses Appeal on Account of Anderson’s Marriage to Plaintiff

$10,000 Judgment Still Stands

Anderson Appears to Have Got Him a Wife to No Purpose in Evading Judgment

John Anderson in marrying Sophia Olson got him a wife and also secured the affirmation of the judgment against him. This would appear by a decision of the supreme court, announcement of which was received here today, decides that there is no appeal now before the court, inasmuch as plaintiff and defendant have married, thus leaving the judgment still standing against Anderson.

Last week, Healy & Healy, the attorneys for the plaintiff, she who was Mrs. Olson and is now Mrs. Anderson, filed a motion showing Anderson’s marriage to the plaintiff and suggesting the dismissal of the case by the reason of the disability of Anderson, as husband to further prosecute the appeal as against his wife. The motion to dismiss the appeal was sustained by the supreme court, which has the effect of confirming the $10,000 judgment. The case now stands as though no appeal had been made.

The plaintiff’s attorneys have an attachment against hte land which was sold to satisfy the judgment, for fees. The case will come up at the March term of court.

The net result of Anderson’s attempt to defeat the lein (sic) for attorneys’ fees seems to have been to have the whole judgment against him affirmed. Instead of his marriage effecting his purpose, it has resulted in depriving him of whatsoever chance he had in his appeal, as the judgment is now in force and effect to the sum of $10,000.


Marriage Ends Sensational Suit

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The Fort Dodge Messenger: Feb. 2, 1903

Marriage Ends Sensational Suit

S.J. Anderson and Mrs. Sophia Olson Decide to Kiss and Make Up

Ends Breach of Promise Case

Marriage Ceremony Was Performed at 11 O’clock on Saturday Night. Last Chapter

Sven J. Anderson and Mrs. Sophia Olson were united in the bonds of matrimony on Saturday night, in the neighborhood of 11 o’clock. The ceremony was performed by Rev. G.W. Pratt, of the Methodist church at the home of the bride, 215 Second avenue south.

The mere statement that she who was Mrs. Sophia Olson is now Mrs. S.J. Anderson does not convey the full significance of the action. It means also that the oil has been poured upon the troubled waters of litigation, that suits and counter suits are now things of the past; in a word that one of ht emost sensational breach of promise cases ever tried in Webster county, has practically been disposed of.

They who are not Mr. and Mrs. S.J. Anderson have been much in the public eye for the past week or so. Last week their case was submitted to the supreme court in Des Moines, Anderson praying for a reversal of the judgment. Last Saturday, the couple showed up again at the capital city. They wanted to get married, and they went to Chief Justice Bishop, of the supreme court, and told him so, adding that the head of the court was the chosen one to make them man and wife.

Chief Justice Bishop balked at the responsibility. The Des Moines Register and Leader tells what happened as follows:

“Judge Bishop refused to perform the ceremony, his principal reason being that Mr. Anderson and Mrs. Olson wanted to file with the court as a part of the marriage Freemon a statement and stipulation regarding the suit now pending which would probably have the effect of cutting Senator Thomas D. Healy and M.F. Healy, attorneys for Mrs. Olson, out of their fees.

“Mr. Anderson, who is aged 53, and Mrs. Olson, who is 34, first made their appearance at the office of the county clerk where they secured a marriage license. Then they betook themselves to the supreme court and hunted up the chief justice. Judge Bishop advised them to confer with an attorney, and said in view of the importance of the damage suit that was on he thought it ws improper for him to unite them in marriage.”

Disappointed in their hope of being married by so exalted a personage as a chief justice, Anderson and his bride to be, returned to Fort Dodge on Saturday evening. County Clerk Colby had left his office, but was corralled and brought back and issued a license empowering the two to enter into the state of matrimony which they did without delay.

The marriage return, made out in proper form and testifying to the fact that S.J. Anderson and Sophia Olson were married on January 31, is now on file at the office of the county clerk.

Mrs. Sophia Olson sued Anderson for breach of promise and got a judgement of $10,000 ($239,495 today) a year ago last summer. Anderson’s farm was attached for the judgment, and Mrs. Anderson bought it on sheriff’s sale. Only a few weeks ago, a new development appeared in the case when Healy & Healy, who were the attorneys for Mrs. Olson, now Mrs. Anderson, brought suit to recover the attorney’s fees alleged due them thru their petition.

The bringing of the appeal before the supreme court, and the marriage on Saturday night, practically closed the episode.

T.D. Healy, one of the attorneys for the erstwhile Mrs. Olson, stated this morning that the marriage would in n o way effect the collection of the attorneys’ fees.


Sues Mineral City Association

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The Fort Dodge Messenger: Jan. 27, 1903

Sues Mineral City Association

$10,000 Damage Suit of Mrs. Hannah Williams in Court.

The Trial Was Begun Today.

Mrs. William is Brought Into Court in Invalid Chair – Much Interest in the Case.

Considerable interest is being taken in the case of Mrs. Nellie Williams vs. the Mineral City Park association, which came up for trial before district court today. Mrs. Williams is the Manson lady who was struck on the head by a bottle while watching the races held at the park last summer, and who claims to have been seriously injured on that account. The bottle which struck Mrs. Williams is supposed to have accidentally fallen from the band stand. Mrs. Williams sues for $10,000 damages.

The case consumed all today and will probably be of several days duration. The jury was impannelled (sic) this morning and the testimony of witnesses was taken this afternoon. Mrs. Williams was called to the stand to tell her story, and her testimony occupied a good part of the afternoon. She was brought into court in an invalid’s wheeled chair.


City News

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The Fort Dodge Daily Chronicle: Sept. 23, 1910

City News

Marriage License
James B. Apland Kalo
Josie Hotek Kalo

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Divorce Suit Dropped.

The divorce suit filed by Guy Walrod against his wife, Muriel Walrod, on the grounds of desertion has been dropped by the plaintiff and stricken from the district court docket.

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Settlement is Reached

The case of George Townsend vs. Mrs. J.M. Beavers, assigned for trial at the present term of the district court, has been dismissed by the plaintiff at his cost.

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Small Judgment Given

The jury in the case of Wm. Oberton vs. J.B. Black, on trial in the district court brought in a verdict awarding the plaintiff damages in the sum of $8 as a result of the defendant’s cattle trespassing on his corn fields.

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Another Case Settled.

The case of Conrad Brown and Anna Brown vs. The Fort Dodge Brick and Tile Co., slated for trial at the present term of the district court, has been settled out of court, the defendant company paying the plaintiff the sum of $310 as a result of an accident suffered by their son.

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Jury is Excused

Wednesday evening, owing to the settlement and continuation of many cases assigned for trial in the district court during the present week, Judge C.G. Lee dismissed the petit jurors for remainder of the present week. They will report Monday afternoon at 1:30 for service during the coming week.

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Divorce Granted

Thursday afternoon Judge C.G. Lee in the district court granted a divorce to Jessie Davenport on the grounds of desertion. The number of divorces granted during the two weeks court has been in session is nearly a record breaker.

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Funeral on Saturday

The funeral of the late P. Henry Vaughan, who passed away on Wednesday evening as a result of a stroke of apoplexy suffered on Tuesday morning, will be held at 9:30 on Saturday morning from Corpus Christi, with interment in Corpus Christi cemetery. All of the members of the family of the deceased are in the city to attend the funeral.

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Paving is Delayed

The rain of Thursday called for a cessation of the paving work in the city, and this morning the employes (sic) are taking a still longer enforced vacation as a result of continued inclement weather. Up to the present time the men have been able to push their work with a pleasing degree of speed and little time has been lost through bad weather.


The Siren Auto Horn

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The Fort Dodge Messenger: Sept. 22, 1906

The Siren Auto Horn

Description of the “Horn  That Startled the Mayor” – is in Favor With Autoists.

The suit of the city of Fort Dodge against Ed Rank in the effort to make him lay aside the siren horn on his auto, which holds the record for strange suits in this state for some years past is for trial at the next term of the district court. In view of this face a description of the horn that caused the trouble and in the words of big headlines in leading dailies all over the country, “startled the mayor” will no doubt be interesting to many.

The horn was invented by a Frenchman about two years ago and at once took a popular place. It is operated automatically by the pressing of a lever. The sound is produced by a revolving mechanism in the front of the horn and stars (sic) with a slight whir-louder (sic). The principle is the same as in the small “Devil Whistles” much in favor with small boys. The lever presses a bulb against the fly wheel which turns the “buzz mechanism” in the front part of the horn and starts the sound. A special copy right cable from Paris to the New York World on the siron (sic) horn has some interesting points on the matter. It is as follows:

Paris, Sept. 21. – Sirens instead of ordinary horns are growing in use among automobilists. This warning apparatus, which makes a noise like the wail of a lost soul, is much more effective as a frightener than any common tooter. A cart driver asleep in the bottom of his vehicle is not easily roused by the sound of an ordinary auto horn because he long since has become accustomed to it, but the siren’s song awakens him to the danger and the necessity of giving a portion of the route.


City Sued for Loss of Pup

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The Fort Dodge Messenger: July 13, 1906

City Sued for Loss of Pup

William Ault, Wants $250 For Pup Taken by the Dog Catcher.

Suit Filed in Court Today

Dog Was Without tag and was Taken on 27th of June – Suit an Unusual one – Will Come up for Trial at the Next Term of court.

State of Iowa, Webster County, ss.

William Ault vs. S.J. Bennett, M. Tullar and Ed. Smith.

The plaintiff for a cause of action against the defendants and each of htem states that on or about the 27th day of June, 1906, the defendant took and converted of the property of this plaintiff one certain Llewelyyn (sic) setter pup, named Outenie of the value of $250 (two hundred and fifty dollars to the plaintiff’s damage in said sum, wherefore plaintiff prays judgment against the defendants and each of them in the sum of $250 and costs.

The above petition was filed at noon today in the office of the clerk of courts. The  plaintiff, Ault, is a laborer residing at 806, 12th avenue south. It appears that the dog in question was picked up by the city dog catcher, Ed. Smith at the time named while without a tag and was promptly shot as is customary with all canines not bearing the stamp and seal that shows dog tax to have been paid. The suit is a very unusual one and no doubt much interest will be evinced in it through the city when it comes up for trail at the August term of court.


Has Discovered His Parentage

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The Fort Dodge Messenger: March 12, 1903

Has Discovered His Parentage

Irving B. Bischoff, of Fonda, Claims Interest in Webster County Lands by Inheritance

Says His Real Name is Young

Story of One ot (sic) Most Peculiar Claims Ever Presented in Webster County

As a result of a quarrel with the man whom he had all his  life supposed to be his father, Irving B. Bishoff (sic) of Fonda, who now believes that his real name in (sic) Young, was in the city on Wednesday, investigating what he believes to be a valid claim to certain Webster county lands. Bishoff (sic) claims an interest, by inheritance, in 130 acres of land in Johnson township, now owned by W.F. Rubel.

The story of Bischoff’s discovery of his real parentage is a strange one. For thirty years he has lived quietly in Fonda, believing himself to be the son of the man whom he now considers his step father. A short time ago, a difference of opinion arose between the two men, in the course of which the elder Bischoff announced the fact that the relation between them was not that of father and son. The younger man started to unravel the mystery, with startling results:

He now believes that his grandfather was James S. Young, and that his father was Samuel Young, who died before he was born. After his father’s death, his mother married Bischoff. J.S. Young was the owner of 130 acres of land in Johnson township, described as follows: the north one-half of the south east quarter and the east fifty acres of the south one-half of the south east quarter of section 20, range 89, township 30.

James S. Young left a will in which he bequeathed this property to his wife, Martha Young, during the term of her natural life. Later Martha Young brought suit to have her dower set apart to her, alleging that her son Samuel Young died unmarried and without issue. This was done, and subsequently another suit was brought by one of the heirs to have the land sold and the proceeds divided. In this suit it was alleged again that Samuel Young died unmarried and without issue. Accordingly, the land was sold, and the proceeds divided among the heirs.

In both suits, notice was served on the unknown heirs by publication. Whether this notice will have any effect on the claim of the heir who has thus unexpectedly presented himself, is said to be a matter of doubt, as he has all the time resided within the borders of the state of Iowa, while the notice by publication applies only to those resident outside the state.

Bischoff claims a 2-9 interest in the 130 acres now owned by Mr. Rubel.

Bischoff was in the city on Tuesday going over the records with a view to establishing his claim. He stated while here that he will hereafter go by the name of Young  which he claims to be lawfully his.

The case is one of the most peculiar which has come up for sometime. The fact that the allegations in both previous suits claim that Samuel Young died unmarried and without issue point apparently to a secret marriage on the part of that individual. Bischoff while here, asserted that he would trace the matter to its foundations, and would take all steps to secure possession of what he believes to be his patrimony.