Jones County Liberal in Monticello, Iowa
3 Jul 1873

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Jones County Liberal in Monticello, Iowa
3 Jul 1873

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Jones County Liberal (Newspaper) - July 3, 1873, Monticello, Iowa Molt 1c e t. 1/ 610 w thursday. Tiny add v the l a eel a Lon Thel swung. Reme Case. Court the do is r ii my coi it Juniie term 1873. Samuel Kelley Appellant j court. Action a promissory note Fri it answered admitting the execution tie note and pleading partial payment \ after cards plaintiff amended his petition 1 v verifying the same which defendant was ruled to answer and failing to do so judgment was rendered the note for the amount due which was referred to be clerk to ascertain and judgment entered for the amount so found by the clerk find for costs. The clerk taxed among other fees the sum $ 3,00 As his fee for a tossing the amount due the note. The defendant filed a motion to re tax co its which the court Over Rule do defend appeals. G. W. Field and j. L. Sheean for Appellant Scott & Ercanbrack and e. Keeler for Appellee. Mii. I. Kkt it is conceded that. The Sui it docs not allow to the cleric n fee 83,00 any Oiler specific sum for his service in computing flip amount due a promissory note. Section 3151 the revision provides that " where the action is for a Money demand and the amount tie proper judgment is a Mere Mailer compilation inc clerk shall ascertain the amount. When Long accounts Are to be examined the court May refer the matter. La any other Case the courts shall assess inc damages unless a jury be demanded by this Marty not in default. The proper amount having been ascertained by either the above methods judgment shall be rendered this Section directs the various methods assessing damages against a a party in default in actions promissory notes a Oiler instruments where Hie proper amount is a Mere matter compilation this in y n to be performed by the clerk. For this particular duty no specific fee i allowed by the statute but it is claimed by Appellee counsel that since lie is required to perform the service lie is entitled to n Relafo Pablo compensation. In support this claim hey cite Ripley v. S. Giard 11 Iowa 307. That Case however does not sustain this position. In the enact Nio it the Kevion 1800, Chap. 136 the code 1851, Wlinich provided for the fees the various state county and township officers was through inadvertence committed so that for a time there was no statute fixing the fees Ollie trs and in this condition tie Law it was held in that Case that the clerk tie Dietrict court was not entitled to charge and collect in Advance filing a petition the fee a 2,50, Wlinich was the fee allowed by the repealed chapter. Audit was further held that when the compensation an officer is not fixed by Law at the time he renders services he May demand a reasonable compensation in Advance retain papers documents in his Possession in and about which to Lias rendered services until such compensation is paid Anil such costs should be taxed against the losing party. The doctrine stated is entitled to compensation for his services and when his compensation is not fixed by the Law he would to entitled to charge reasonable fees Etc. It has no application however to the care before us. At any time when tie services were rendered in that Case tie compensation the clerk was not fixed by the statute. When the services were rendered in this Case tie statute did and docs Lex Bis compensation Sec Chap. I Laws extra session St Gen. Assembly also Art. 3 Chap. 29 revision being Chap. 159 Laws regular session 8th gun l Assembly. By this act As found in Chap. 29 the revision the Salof the clerk the District court was abolished and he was allowed in lieu thereof the fees there specified. By the act the extra sessions Iso the chapter one Hundred and sixty two As the same is printed in the Icv Tsiou was revised and declared in full Force except. Sections 4139, 1137,4140, 4141. This chapter 120 provided the compensation officers the first Section which 4131 provides that " no officer is allowed fees other compensation for any services farther than is expressly allowed by and by Section 4107, in the same chapter it is made a Misdemeanour in any officer who wilfully takes higher other fees than arc allowed by Law a it seems beyond doubt therefore that since the compensation the clerk is fixed by Law in that it allows him to charge certain specific fees that he is not allowed any fees other compensation farther than is expressly allowed by Law and that the fee Here charged is not so expressly allowed it follows that he is not entitled thereto. It is however insisted by Appellee j counsel that the court in its discretion i could properly allow tins charge under Section 3459 the revision which is As follows " the clerk shall tax in favor the party recovering costs the allowance. Of his witnesses the fees officers the compensation referees the necessary expense taking depositions by commission otherwise and any further sum for any other matter which the court May have awarded As costs in the cause May deem just to be it seems very Clear that this Section affords no warrant for the clerk to tax fees officers not allowed by Law they being expressly forbidden and whatever May be the construction the last clause tie Section it cannot be held to destroy tie Forre hear and express prohibitions in the stat Ute. Reverted. \ 1, Linda Maii clerk the supreme court Iowa do hereby certify that the foregoing pages contain a full True and Complete copy the opinion said court in the Case s. R. & l. B. Sprout is. Bam l Kelley As full True and Complete As the same remains file and record in my office. In testimony whereof 1 a have Hereunto subscribed Ray name und affixed the Seal suld court this 24th Day june a. D. 1873. L. A List Kiyoun clerk. Lown it nut. A son James White near West Liberty was dangerously bitten the foot monday by a . Two doctors were culled in and he is Ito Alulong rapidly. N the Algonia Republican eos lupins. Tic report a committee Adploh fowl Tot love Minte alleged frauds in the building the court House and certain Bridges. They find no Chi Nee monies misapplied . A Searsboro chup. While taking his lady Home from a festival last tuesday night run Over a cow that was lying in the Road. The cow awakened from Fie slumbers just in time to tip the buggy Over and spill out the occupants. Daniago Small he coup it express it fully just then. A Clear in pc Man has just completed a Fine sail boat at a Cost a 700, and is now ready for business. The trial trip was made saturday. The Obs mar announced that before leaving the wharf she was to be named and presented with an elegant Flag by mrs. C. Band and miss Jennie 1 arsons Burlington. A brutal father in Cedar Kaplus named Masina Friday last beat his six year old son outrageously with a whip threw him Over the Fence into an Alley and then followed Over himself and gave the body a kick with his foot which some said sent it at least ten feet away. Murder would have undone try been then and there com Init Ted Iliad no one interfered. Lie was arrested and fined a 50 and costs. Dry boobs. It Ukai. Kii to dry goods hats and Caps clothing tax 11�? Normal training school k a in Philly nil teil to the Wuntz Anil requirements coi Ninon school teachers Anil those who wish to flt them solve for this Enil a Prisic tical to Yumon Hei Ifie school for the Lluu training men null i i Ulah for n successful Star in life teaching them How to make Money Maki u living Antt be cute Prisin t i Oil cite. Ens with a Hihi la thorough in in Imi tical Coin lie instruction embracing Book Iii All its Lirline. Lies in Uii Pleil to Eon Merce Ugric Millure Itiat . York Boston and All Points in new England incl the Cinda Jewery Etc. S. Keeps hmm u Complete Assort it int Cinti Uati Louii Tilli is. Loti and All Points in the South and Southwest. This is tie shortest route to Council Bluffs Salt Lake Sun Venn Carico tune Ull Iii nos i thu Western territories. This. Line Hick Juilu Bitett nil Inmaru in track Puiul incl ilium filed Jonha Dity Anil sleeping coaches Miller platform and safety air Tom Kcal. Ask for and see that your tickets read via Chicago & Northwestern r y. I m. Giulii mitc i then l Jsu h. V. Sta Wood. Gen l t list r a t. . Bostow \ via t a Lic i Ai a l a Luto a l spectacles Frey a fools & c., always hand at lower rates than they Enn be pure Lueseil elsewhere. Kri a Hung nil kinds prom Billy it temp in to hid All won . 3 s. Be \ Vett. F a. A i x 13 t i c Etc., Etc., skin his i Kice list roil Geode eyes code a sugar s ibs Choice 1 Osterico super. U ibs Jool Japan ten h in Best urn Vowiler Tea in Conns lev. Son Tea r p in " Mack Tea a in Choice new York i ii in apples i i " Southern dried apples Ubillos. New York teaches 12 ibs. Hiu sins b 1 turkish i Vii Wrt r. In canned Ivac Llfra j ibs. 1 ivae hew j ibs lest cast lie soap " fun l Imily soap imps " Lio Clit Lee i jobs " Jtimo Coll i c Roi. Leil i Llos Oil Civ. Java com in lies mocha Cellec. I l j Ijo Liten drip syn top Dillon Llesly Ciller Vine illicit Virginia i his Tulin Ren t in. Ali St Lini Cut tii acc. N " in Choice Itice 10 ibs 8 i. Oil. 1. Imi 7.". L. In. Jiu. I. Dii l. Of i. To is. In Iii in All its a i Cut Loiis to business. Grammar flirt Trio i Iii Liy a the business mull so Iouri talk nil write and a Departie Cut unit is excelled by no Oiler College in inc country All its various apply Oil ions to business a Olizio a l in All it. S relations to Nulo uni. 1 Cury Whitig cd that will assist inon in Ini int. S. S. Simi two f to nip. S Lui pm Inie iia arnium a Tel Ninati a Lii circular and. Ii jul it Imp Tinnent Ami collect journal. Add is u1lky & Cou Lukk As Yaj 1 Ost lace Block Clinton Yinwu. It o = i c d a l a my Abies. 1st if you want a Good for Fps. St Chiass printing come to the Liberal office. In 1. Iki 1.00 l. Jin 7d by 1.00 Stock. P Iio Koi Stock for Sale i have Lor Sale my farm in Michlun r instrument Hail Hoad. The new route to the North Northwest nud West. The Thor Letl line to dub gut Fulton cd Intfen cd Lar raved a Council blurt Waterloo Cedar fails Acyl no Iowa Falls Forl Noil it Sioux cilia Axa All Points in the have Heen made in its representative journals and these the Tribune has in every Case anticipated in its prompt collection news by Telegraph from Ull parts the country und by correspondents throughout thu world. ,. Tie Pioneer among Western journals in the Liberal use tee tele3saph, ii bus overcome distance for its readers and Pine. I de before them each morning the More important i news the world. I As a Home newspaper with Chu ii Jio its own held its Large and competent local and Kominer Clyl crops have a faithful and full j presentment some Aita ibs and bcci1ie23, hardware. Giving Especial prominence and careful collation to the prominent i act e re Ruudi Trade especially in the present a s growth Progress and a Era our " great Cau. At the Kami Spring. N. Cd mix go a physician and surgeon. Office Over Sand Spring drug store. H. In. 13wart, Tealer in live Stock and produce. Offers to _ la the Public fair dealings and the highest Market prices. Ollice at O. Wing s Stoi e. C. C. Phillips. The prospects for abundant crops All kinds is the Best that seen in a a Goose county. A wan cello jeep Shiean relates that a a x a e Ive a cars was the River near i t Ropi it Tor the so Jim Mill at sum Spriner i Al is to care. In to nun facture lumber Ull i Iii in and will lao keep hand a general assortment Pine lumber lath Shingle doors Bush and Blind mid offers to the. Public l Nib june prices freight added. Those wishing to Purchase any thing in thu lumber line arc solicited to Call and see before purchasing Elsen Here. We due two boys were surf Awig in tie Fence in a Wrner j a e a Tuc hard 1, threw tie boys to the i " its Arm. Of a sow in a. Bai it is the Slin test quickest and Only line running through co aclies from fuck Ifil. Gnu to iitdia1ta. Polis Cincinnati att smut Hung inf Adieu tonal c Linro 1unit Llimos j in ulv Anceo Ali Curtly dire Trouti to j Loysville Anatlie South music store first St Kkt and see the e. Poat. T. A. Wisc rotary Public and in insist. A Cedis supplied with a Good assortment pure drugs and medicines paints oils and Dye utitus kerosene Oil and lamps perfumery and fun Kiev articles Patent medicines Etc. Letter can and note Papen ils Superior Ink und other Arneri e . 1s73. Tk11m31 a Urf. U s Bazar one your s l 00 an extra c any either tie Mau Azik Wekkin. A Bazak will be supplied Gratis for every club five at i $ 4.00eai Hill one remit acc six copies Tor $ i 00 without extra copy. Subscription to h. A Takii s mama Xix web la and a a t to one address for one year s10,00 two Haiti us s a to one address for one year $ 7.00. Back numbers can be supplied at any time. The live volumes s Barahu for the years 1808, 09. 70. 71.72. Csc subtly bound in Green Morocco cloth will be sent by express freight prepaid for a 7,00 each. The postage Ilariu kit s a. A is 20 sents a year which must be paid at the the shortest line Puiul quickest time via Indianapolis to Gulmi Inui Iff Tarli Zairi Zirille Wheeling Jia Timure Waahid Glun pills a off j Iladel Aldu Kew j Ork and to Aton. The Kelt route to Clen laut Jln Falo Niagara Pullet Albany und All. Cit Enid Lind Citico eos ton oega1t, stoves quickest the Liberal Job printing office More and better facilities for to first class " work i hot steel limn any printing office in the county. We have an entirely new outfit from n m shooting Slick up including l m Lff n l. The finest 1 Ross in Market we arc prepared to execute a hurl police i ads j. Etor Heads Bill hears Etc., Etc s Hale Bill theatre ww11h kill Luau printing pro Nola. Blank work. Coloured printing. Is Wiencus eur Revior inn Auu a i.,. I 1. 1. No t not i Ikel by Druit elms Cerully. I Hys Luciani Ost Fri pious a u Elul in Conin Omund. Arcs Olaui lius up. Oculi. 1 Pullman s Brur Agte and sleeping Cun Art run Loiro Ucli Ilia Lino from 1 Oriu Tollius Jious Phil t Inci inuit. To your lick its Liy the 1i. B. & w. Route. See that they rend Van 1 Eoria and Indianapolis and you will avoid the omnibus Transfer Herriage and i delays Ine Dutt to other rout a. A l. W. Smith leu l Malinger i Buna i. I j. W. Ukwu. Sci n l ram. Age Luhiau apolo i scrupulous care Lias been taken to secure accuracy and fullness to the rate aet Seal estate ass i keel uie zet bzpoet5, in the lending Staples our City and Section making the Tribune airily necessity i every business Man and Marc Lutent in n degree a Tiv primp rationed to his interest in Chicago business affairs. With these features the source its constant and a varied Prosperi Tyas a faithful my vigilant Flo Ivian car cat Cwa i the tribute has associated features that have Pine edit in the front rank journalism. J with this record in its past the Chicago Tribune is prepared to carry Forward its Standard and in the year to come fulfil As in the past its rec Ogui. De position As i Trio leading journal is Chicago us Stair editorial writers reporters and correspondents in its its i Tad Lite Rusty departments at Home and abroad comprise the most trained competent men in to eur calling and As heretofore nothing will be spared ill Cost transmission expense publication to place the result their labors in the most attractive shape before its readers to this end the mechanical appliances the Tribune Are unsurpassed. Iti political count. The Tribune supported in the recent election the platform and nominees the Liberal Republican convention which met at Cincinnati the 1st May. The defeat the candidates that convention has not diminished in any degree the Neces shy for carrying Forward its principles. A e hold these principles to be essential to Good government to the Prosper Ltd the country and even to tie permanence Republican institutions. We. Shall therefore continue to give them our Hetu to support Antl advocacy and Snail sustain the men who Llly represent them whatever party designation they May Wear. We shall give an impartial hearing to the administration Jen. Kraut and shall support it in All acts which seem to us Wise and useful to the count Ryas cordially As though it were an administration our own Choice. In. Short the Tribune will j aim to secure Able Aid honest government National state and local and to be an Organ l Progress rather than party. It will Endeavor i to give to its readers the exact truth in All matters i Public interest accompanied by Independent views and fair criticism. I Ous his tube faqs foe1i, presenting lofty six columns daily has been found most satisfactory. In pm a aac., a. A a a a a in fuel anything in the printing line irom a Small card a go to 7. S. Mammoth poster we invite inspection and defy Competition please examine our work. the place 504, Firat a acc a ? Nunerly co Pierc Laglall. Order from a Bro a. L will receive in. Mediate . George Storey hardware store the Dally and Tri weekly i in lev. By mall. A 13,5o i Sunda Tri weekly boo nday. Weekly. Soo a 3, so general agent 1 parts the year at the same i ate single subscriptions May be added at club rates idler club is formed. J not musters May retain 10 per cent. On All subscriptions. I prevent delay and Misi takes he sure and in Lac 1 Ost Ollice address in full 1 including slate and county. Address Tell Ibushi o., Chicago 111. Long cello to a sept. Id. Address j Tyllo lu1e11ai. I Lux fun a ool. Xxv j lock Box 13, Monticello Lois 1 g. \ v. Llund Elhine a m a n in ? l

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