North Liberty Savings Bank (North Liberty, IA)

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vs. claim of First National Bank of Norway, Ia., Johnson county district court, Judge Ralph Otto.

Appeal from order of court allowing claim of Norway First National bank against receiver of North Liberty Savings bank, as a preferred claim affirmed, opinion by Evans; Lone Tree, Ia., Savings bank vs. Harold D. Evans, Johnson county district court, Judge Ralph Otto. Action in equity by Lone Tree Savings bank to have established as a preferred claim the sum of $10,000 on the theory of constructive trust, affirmed, opinion by Degraff.

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RULINGS RETURNED BY SUPREME COURT

[Associated Press Leased Wire] DES MOINES, Ia., Oct. 24.—The following decisions have been handed down by the supreme court:

W. J. Murray, state superintendent of banking, vs. North Liberty, Ia., Savings bank and H. O. Evans, receiver, appellants, vs. claim of First National bank of Norway, Ia. Johnson county district court, Judge Ralph Otto. Appeal from order of court allowing claims of Norway First National bank against receiver of North Liberty Savings bank, as preferred claim. Affirmed. Opinion by Stevens.

W. J. Murray, state superintendent of banking, vs. North Liberty Savings bank claim of Lone Tree, Ia., Savings bank, vs. Harold Devans, receiver North Liberty Savings bank. Johnson county district court, Judge Ralph Otto. Action in equity by Lone Tree Savings bank to have established as preferred claim the sum of $10,000 on theory of constructive trust. Affirmed. Opinion by DeGraff.

Parnell, Ia., Savings bank vs. Kate A. Shuell, Iowa county, district court, Judge Ralph Otto. Action in equity to set aside deed as fraudulent. Trial court dismissed petition. Affirmed. Opinion by Stevens.

Citizens Savings bank, Letts, Ia., vs. Alex N. Herring, Johnson county, district court, Judge Ralph Otto. Action on promissory note. Verdict for plaintiff reversed. Opinion by Stevens.

Farmers Loan & Trust Co. vs. Adam Scheets and First National bank of Iowa City, Ia., vs. Adam Scheets, Johnson county, district court, Judge R. G. Popham. Suit in equity to set aside deed. Affirmed per curiam.

C. A. Johnson vs. Ryan Rowland, sheriff of Johnson county, and Leavitt and Johnson National bank, Johnson county, district court, Judge R. G. Popham. Action in replevin of automobile. Judgment for plaintiff. Affirmed. Opinion by Stevens.

Gustine Amish vs. Reynolds and Mary Amish, Johnson county, district court, Judge R. G. Popham.

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COURT SUBMITS NEW OPINIONS

Des Moines, Oct. 24.—The state supreme court has handed down findings in a number of civil suits, not of which, however, involved Scott county cases or appeals from adjacent courts. The findings reported yesterday follow:

W. J. Murray, state superintendent of banking vs. North Liberty Iowa Savings bank and H. O. Evans, receiver, appellants, vs. claim of First National bank of Norway, Iowa, Johnson county district court, Judge Ralph Otto. Appeal from order of court allowing claim of Norway First National bank against receiver of North Liberty Savings bank, as preferred claim. Affirmed, opinion by Stevens.

W. J. Murray, state superintendent of banking, vs. North Liberty Savings bank claim of Lone Tree savings bank vs Harold Devans, receiver North Liberty Savings bank, Johnson county district court, Judge Ralph Otto. Action in equity by Lone Tree Savings bank to have established as a preferred claim the sum of $10,000 on theory of application of treasurer for order to force payment of collateral inheritance tax. Reversed and remanded opinion by DeGraff.

Jesse T. Uhl vs. Maple Valley Lumber company, Monona county district court, Judge C. C. Hamilton. Action to quiet title. Decree for plaintiff modified and affirmed. Opinion by Weaver.

Veale Lumber company vs. E. W. Brown, et al., Plymouth county district court, Judge William Hutchinson. Suit to enforce mechanic's lien. Decree for plaintiff affirmed. Opinion by Weaver.

Max Wilson vs. J. W. Lappam, Woodbury county district court, Judge C. C. Hamilton. Plaintiff appeals for judgment for costs against him on directed verdict in action to recover damages for false imprisonment. Affirmed. Opinion by Stevens.

Martin Burke vs. John Jacobson, et al., Woodbury county district court. Action in equity for recession and cancellation of contract. Decree awarding cancellation affirmed. Opinion by Stevens.

Citizens Savings bank, Letts vs. Alex N. Herring, Johnson county district court, Judge Ralph Otto. Action on promissory note. Verdict for defendant affirmed. Opinion by Weaver.

Farmers' Loan & Trust company vs. Adam Scheets and First National bank of Iowa City vs. Adam Scheets, Johnson county district court, Judge R. G. Popham. Suit in equity to set aside deed. Affirmed per curiam.

F. A. Foster vs. Catherine I. Kellogg, Iowa State Savings bank intervenor, Woodbury county, Judge Miles Newby. Action on petition of intervention, affirmed. Per curiam.

William P. Graves vs. Rudy and Irene Greenfield, O'Brien county district court, Judge C. C. Bradley. Action to recover on promissory notes. Decree for plaintiff affirmed. Opinion by DeGraff.

Joseph W. Hallam vs. George Finch, Woodbury county district court, Judge Miles Newby. Action to subject defendant's property to lien. Judgment for plaintiff affirmed. Opinion by DeGraff.

Veva Hilliker vs. E. B. Hilliker, Sioux county district court, Judge William Hutchison. Action for divorce, decree awarding plaintiff custody of minor child, alimony and attorney's fees reversed. Opinion by DeGraff.

R. Hingman vs. Charles Treinen, et al., O'Brien county district court, Judge C. C. Bradley. Action to foreclose mortgage. Decree for plaintiff modified and affirmed. Opinion by Weaver.

Lena Milchman vs. Frank Mileham, Cherokee county, Judge C. C. Bradley. Action for divorce, decree for plaintiff modified and affirmed. Per curiam.

C. A. & J. L. Lefleur vs. H. A. and Mary Caldwell, Sioux county district court, Judge William Hutchison. Action on promissory notes and to foreclose mortgage affirmed. Opinion by Weaver.

Jack Hudspeth and Albert Pick and Company vs. Union Trust & Savings bank and George Jepson, receiver, Woodbury county district court, Judge C. C. Hamilton. Appellant asked its claim to be made preferred claim. Trial court denied preference. Reversed. Opinion by Chief Justice Preston.

August King and Emil Olsen vs. Tiddie Lykema and John and Lawrence Ketel, Osceola county, Judge William Hutchison. Action for specific performance of contract, dismissal of plaintiff's petition and judgment for cross petition affirmed. Per Curiam.

C. A. Johanson vs. Ryan Ronlandsheriff of Johnson county, and Leavitt and Johnson National bank, Johnson county district court, Judge R. G. Popham. Action in replevin of automobile. Judgment for plaintiff affirmed. Opinion by Stevens.

Gustine Amish vs. Reynolds and Mary Amish, Johnson county district court, Judge R. G. Popham. Suit to set aside deed to land. Petition dismissed. Affirmed. Opinion by Weaver.

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$31000 DAMAGE SUIT ADVANCES IN COURT HERE

Judge R. G. Popham Takes Active Steps to Advance Scores of Cases In District Court

One step forward was taken in the damage suit instituted in the district court by Attorney W. J. Baldwin, who charges James M. Meade with slanderous utterances of contemptuous and false public statements, when Judge R. G. Popham entered almost a hundred rulings in cases, old and new, yesterday evening.

It was default day, and many defendants defaulted.

The court ruled on numerous petitions of plaintiffs, in the absence of the defendants, and he also advanced various cases towards trial, by one order, or another.

In the Baldwin-Meade case, Wilson and Evans, and Messer, Clearman and Olsen appeared for the defendant, and were given 10 days to plead.

Titles Quieted

Titles were quieted as follows:

Mark A. Randall et al vs. Wm. D. Cannon et al. (C. F. Hambrecht appointed guardian ad litem.)

Mark A. Randall et al vs. Wm. R. Saddler et al. (C. F. Hambrecht, guardian ad litem.)

W. J. Lenz et al vs. John Hefferson et al. (C. F. Hambrecht, guardian ad litem.)

Mark A. Randall et al vs Nicholas Waller et al. (C. F. Hambrecht, guardian ad litem.)

Defaults

Defaults were entered as follows:

North Liberty Savings bank, by receiver H. D. Evans. (Attachment.)

William Michel vs. Florence Michel (divorce).

Solon Palmer for N. D. Whiting (account.)

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Mary Alice Rarick vs. Robert Roy Rarick (divorce).

A. B. Murphy vs. County treasurer Charles L. Berry W. F. Murphy appears for plaintiff.

H. D. Evans, receiver, vs. Frank Cleer and F. McGillicuddy (promissory note).

H. D. Evans, receiver, vs. L. W. Kenecny (promissory note).

Jessie Brown vs. Harry E. Brown (divorce).

Ada Eldred vs. C. H. Eldred (divorce).

Florence Potter vs. J. S. Potter

Leave to File

Leave to file trial notice was granted in the following cases:

Joseph Strahle vs. O'Hanlon Brothers et al (contract).

L. F. Parkinson vs. B. H. Davis and Mabel Davis (foreclosure).

E. R. Means vs. Ten Eick Bros. (promissory note).

John Guthrie vs. A. C. Harmon (damages).

Beulah Duffin vs. F. W. Woolsworth Co. et al (damages).

Other Rulings

A host of other cases received Judge Popham's attention, and on them he ruled as follows:

H. A. Evans, receiver, vs. Albert Hospodarsky et al (promissory note). Settled and dismissed.

Fred Seering vs. Henry and Loren Oxley (damages). C. M. Miller appears for defendants. 10 days to plead.

Security Abstract Co. vs. Charles G. Stratton (account). Default. Judgement on account.

L. J. Olson vs. J. W. Guy (account). Byington and Rate for defendant. Given 10 days to plead.

F. S. Barnes, trustee vs. John W. Justice et al (foreclosure). A. E. Maine appears for Justices. 10 days to plead.

F. R. Wilkinson vs. Margaret De France et al (foreclosure). Wilson & Evans appear for all defendants except Johnson County Savings Bank. 10 days to plead.

F. E. Ayers & Co. vs. S. O. McCracken (foreclosure). F. L. Stevens, for defendants. Given 10 days to plead.

E. A. Livingston vs. Carl Hartwig (receivership). C. M. Miller appears for defendant. Given 10 days to plead.

C. C. Cress et al vs. unknown claimants et al—H. J. Reese named guardian ad litem. Title quieted.

Nellie Brockway vs. Frank Steinbreck (replevin) Hart & Hart appear for defendant.

Longmans, Green & Co. vs. Cosgrove Consolidated school (account). W. J. Baldwin appears for defendant.

Richard Heitzman and Anthony Yeggy vs. Amand Halsch et al. (Foreclosure). Byington & Rate appear for defendants Margaret and W. Harr. Ten days to plead.

George M. Ball vs. Roy Butterfield (commission). C. B. Russell for defendant. Given 10 days to plead.

Eli Yoder and C. C. Yoder vs. John A. Swartzendruber et al (foreclosure). Henry G. Walker appears for John A. Swartzendruber. Ten days to plead.

J. H. Work vs. S. R. Ranshaw et al (foreclosure). C. M. Miller appears for defendants. Given 10 days to plead for S. R. Ranshaw et al. Default of others.

W. J. Murray, superintendent of banking of the state of Iowa vs. North Liberty Savings bank—Receiver H. D. Evans authorized to settle suit against Ramsay et al.

Maria Hubbard vs. Charles Hubbard (divorce)—W. F. Murphy appears for defendant. Given 10 days to plead.

R. W. Hinkhouse vs. R. A. Santee, judgement on promissory note.

Frank Steinbreck vs. Nellie Brockway (damages). W. F. Murphy for defendant, given 10 days to plead.

Dr. George C. Albright vs. J. W. Guy et al (services). Byington & Rate for defendants. Given 10 days to plead.

George L. McCutcheon vs. E. C. Houser (foreclosure). Settled and dismissed.

American Art Works vs. Boerner-Fry Co. Messer, Clearman & Olsen appear for defendant. Given 10 days to plead.

Beckley-Ralston Co. vs. White-Lewis Motor Co. (account). Judgment on verified account.

George W. Fairall vs. Florence Fairall et al (equity). Hart & Hart appear for defendants. Ten days to plead.

Kathryn Smith vs. John Hobbs (appeal). Randall & Korab appear for plaintiff.

Julian D. Boyd et al vs. John Swaner (title under deed). Byington & Rate appear for defendant.

Johnson County Savings bank vs. A. W. Kadera et al. Judgement on two notes; decree of foreclosure.

Colorado Title & Trust Co. vs Patrick L. Gilroy et al. Judgment on promissory note; decree of foreclosure.

Johnson County Savings bank vs. W. F. Murphy et al (promissory notes). W. F. Murphy for all defendants. Francis Kane defaults. 10 days to plead. (3 cases of same title.)

Duroc Digest Co. vs. John Hobbs (account). W. F. Murphy, for defendant. Given 10 days to plead.

J. F. Kirby vs. J. L. Slezak (sewer). C. B. Russell appears for defendant. Ten days in which to plead.

Smith & Carroll vs. J. R. Wilkinson et al (account). Hart & Hart appear for defendants. Answer on file.

V. J. Moravec vs. Joseph J. Kost et al (foreclosure of mechanics lien). Hart & Hart appear for defendants. Ten days to plead.

Norma Romes vs. Carrie M. Sexton (damages). A. E. Maine and Henry Negus appear for defendant. Given 10 days to plead.

W. J. Baldwin, administrator of Margaret Cochran estate (promissory note). Henry G. Walker appears for defendant. Given 10 days to plead.

Lois Smith vs. Charles Smith (divorce). W. F. Murphy for defendant. Given 10 days to plead.

Messer, Clearman & Olsen vs. Milton Tutor and Frank L. Smith (services). Henry Negus for defendant. Given 10 days to plead.

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MAY REVOKE MAN'S PAROLE

Otto Issues Bench Warrant For G. O. Matthes; Bank Receiver is Sued

Broken faith and violated parole, Judge Ralph Otto alleges, have been the recent failures of G. O. Matthes, and a bench warrant has been ordered issued by His Honor, commanding the defendant to appear in the district court, to show cause why he should not be sent back to confinement or otherwise punished, for such alleged misbehaviors.

The young man was penalized, and then temporarily forgiven, and offered an opportunity to prove the justice of the court's clemency, but he must now explain that he has not abused it.

In the same court, W. J. Murray, superintendent of banking in the state of Iowa brought suit against the North Liberty Savings bank, whereof Harold D. Evans, attorney-at-law, is receiver, to secure the clearings of a title, through the approval of a deed, which transferred, in other days, certain realty at Norway, Iowa. The cashier's authority to sign the deed has been questioned, and to clear up the matter, and do justice to everybody, the court granted the order. This was in harmony with the wishes of the state superintendent, Receiver Evans, and all others concerned.

In the same court in the case of Howell Davis et al vs. Winnie Hughes, et al, partition proceedings, Referees Franc Moon and F. A. Brazzill submitted their report on a proposed realty deal, and they were authorized to accept the offer of Howell Davis for the realty in question ($260 an acre) and to refund to Mr. William Hughes $1840 on deposit. The Hills Savings bank's suit against James Mullinex resulted in judgment on a promissory note, in favor of the bank.

In annual convention assembled, the Iowa Association of Real Estate Boards will meet at Des Moines, December 8th to 10th inclusive. A fine program is promised by Secretary A. F. Smith, of Council Bluffs, Iowa, in his communication to the Press-Citizen, and he asks this paper to urge every realtor and all other interested citizens to attend the big meetings.

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SAYS HUSBAND MADE CHILDREN DRINK HOOTCH

Mrs. Laura Zeithamel Asks Court for Divorce; Says Husband Drank and Abused Family

"He made our two children drink liquor," alleges Mrs. Laura Zeithamel in her suit for a divorce, filed against Fred Zeithamel, in the district court. She asks that the cus. tody of the two youngsters be given to her, and that the alleged recreant husband be compelled to pay $25 a month toward their support and education. She says she was married in 1911, and that they lived together until last year. To them were born two kiddies-Robert John, aged 10, and Josephine Genevieve, aged 7. Her husband. she avers, has cursed and reviled her, and the children, and has threatened her life. She also alleges drunkenness on Fred's part. In the same court, Judge Pop. ham has made the following rulings: W. J. Murray, superintendent of banking of the state of Iowa vs. North Liberty Savings bank. Receiver Harold D Evans 13 authorized to compromise and settle judgement against Wray Owen and Loretta Owen.