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NEWS OF THE COURTS THE PAST WEEK DURING Motion Must Be Written. of Asher Earl Bentley, convicted manslaughter in the circuit court last week in connection with the death of Aldine Younger, must file a motion for new trial in writing by ten o'clock in the forenoon of Monday, December 11 Following the return of the verdict by the jury in the circuit court last week, B. R. Thompson, one of the members of the defense counsel, entered a motion for a new trial. Monday morning in the circuit court Judge Clyde H. Thompson ruled the motion must be written. Settle Note. The Illinois State Savings bank of Pontiac, receiver for the Claudon State bank, of Fairbury, was authorized by Judge Clyde H. Thompson in the circuit court on Tuesday to compromise the note of N. W. Hanson of $550 for the sum of $250. Fairbury Woman Seeks Divorce. Deserted by her husband, Michael Warder, in November of 1930, Mrs. Mildred Warder, Fairbury, has filed an action for divorce in the circuit court. The bill states that they were married at Forrest on February 16, 1927. Mrs. Warder asks for the custo of their two children, that her husband be required to pay alimony for the support of herself and the two children and that she may be allowed to resume her maiden name of Mildred Fellers. Local Case Being Tried in McLean County Court. The case of N. J. Claudon against the Fairbury Racing club was called before Judge Chalmer C. Taylor in the circuit court at Bloomington on Monday Attorneys were allowed to stipulate the facts instead of calling witnesses and when stipulations have been filed, the court will make a 101ing. The suit involves a judgment by confession for $750 taken against the Racing club by the Bank of B. Claudon, and the point now being raised is that the club is a partnership and not a corporation, involving legal to be decided by the court. It is the contention of the defense that N. J. Claudon is not the rightful owner of the note, and the question of property rights is also at issue, it was said. Action in Foreclosure. Anna M. Gerber and Samuel Zehr, as trustees, both of Fairbury, havc filed an action in foreclosure in the circuit court against Elizabeth Clara Hartman and others. The action is brought to foreclose trust deed in the sum of $7,000. The land affected is the southwest quarter of the southeast quarter of section 34 in Avoca township. Fairbury Case Appealed. The case of Charles Mammen against the Coperative Coal company, corporation, has been appealed from the court of Justice of the Peace H. B. Bedell, of this city, to the cacuit court. The case was first heard in the justice court on October 24. The court found that the defendant was indebted to the plaintiff in the sum of $383. and costs. The defendant has now appealed the case to the circuit court. Has Appealed Case. On October 27 Justice of the Peace H. B. Bedell, of this city, heard the case of C. H. Myers against Carl Waibel on a change of yenue from the court of Police Magistra'e Frank L. Rudd, of Forrest. At that time the Fairbury justice found the issues for the defendant, the costs to be divided equally between the plaintiff and defendant. The plaintiff Myers has now appealed the case to the circuit court. Leave to Compromise. Peter Schaffer, administrator of the estate of Jacob Boehning, deceased, has been granted leave by Judge Ray Sesler in the probate court to compromise the right of action for the wrongful death of the deceased. The deceased, while riding with Paul Hoffman, of Fairbury, in an automobile at Bucyrus, 0., on September 21, 1933, was struck and killed by train of the Pennsylvania railroad,. Mr. Schaffer, the administrator, has been granted authority by the court to compromise with the railroad company in the sum of $1,000 for the death of the deceased. January Petit Jurors. Circuit Clerk H. D. Wolff Friday made public the list of petit jurors for service during the January term of the circuit court. No date on which the jurors are to report for service has been set. The list is as follows: William Austin, Odell. Henry C. Billerbeck, Sullivan. Harry Blake, Pontiac. Arvin J. Claudon, Waldo. J. T. Eilers, Indian Grove. Delo Flint, Dwight. H. O. Franklin, Forrest. J. Gallup, Sullivan. George Green, Saunemin. Frank Howard, Broughton. Paul Haase, Indian Grove. Elmer Hamilton, Pontiac. D. Johns, Pontiac. M. D. Klug, Pontiac. Harry Kaiser, Owego. N. R. King, Pontiac. Henry Larson, Dwight. B. D. Lampe, Long Point. Oscar Lloyd; Reading. Verle W. Magee, Sullivan. Lloyd Murphy, Pontiac. Alfred Nicol, Pike. L. A. Norlund, Pontiac. John Rudolph, Forrest. C. B. Rollins, Pontiac. S. S. Stettbacher, Pontiac. Roy Sleeth, Chatsworth. Angus Showers, Nevada. Sellmyer, Owego. Howard Shay, Esmen. Louis Schoenbeck, Pike. Harry Thornton, Pontiac. N. B. Teal, Forrest. William Weber, Odell. Andrew Wargo, Reading. Master's Report Approved. Judge Thompson in the circuit court Monday forenoon, approved the report of Neil Kerr, master in chancery, of evidence and conclusions in the foreclosure case brought by the John Hancock Mutual Life Insurance company against Ai G. McDonald and others. The report shows the sum of $36,801.29 due to complainant including solicitor's fees. The court entered decree of foreclosure and sale for the sum of $36,801.2 and costs for the complainant, the same ordered paid within 10 days. A sale was ordered unless paid within the rule. Set for Hearing. The motion to dissolve the injunction filed by the defendant in the case of B. E. McCutcheon against M. King, an action for an accounting and injunction, has been set for hearing at 10 a. m. next Monday. To Quiet Title. Ada L. Swords has filed- an action in the circuit court against Jane N. Mann and others The action seeks to quiet title to 160 acres of farm land in Amity township. Cause Dismissed, The Illinois State Savings bank, as receiver of the Claudon State Bank of Fairbury, complainant in the case of Bessie Mosiman and others, an action to enforce liability of direc- tors of a state bank, Monday morning filed in the circuit court a motion to dismiss the action without prejudice The court allowed the motion and the cause was dismissed. Report of Sale. Master in Chancery Neil Kerr on Monday morning filed his report of sale in the foreclosure case of the Metropolitan Life Insurance company against Nelson G. Francis and others. The report the property sold for the sum of $22,402.58. Judgments by Confession. Fred Workley has obtained a judgment by confession in the circuit court against Charles Schultz and others in the sum of $1,747.50. An
