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COURT ROOM NOTES. Sheriff Eikenbary departed for Lin coln Monday in charge of Oscar Thompson, who will be turned over to the authorities at the asylum. The supreme court of Nebraska has refused to grant a rehearing in the well-known Schroeder-Filbert trabens corpus case which was recently de cided in favor of the Schroeder's. This last ruling is entirely satisfactory to the people of this community. The vacancy in the judgeship in the Fourth judicial district at Omaha, caused by the resignation of Judge Walton one month ago, was filled Monday by Governor Crounse. He ap pointed Edwin R. Duffie, a democrat, who was a former appointee of the governor. Governor Crounse states that the appointment was made on the recommendation of the Omaha bar. The new judge was formerly a district judge in the state of Iowa. Judge Strode of Lancaster county, will probably hand in his resignation some time next month and Judge Holcomb will do the same, making three selec tions Governor Counse will have made before he retires from office. Mattison Loses His Law Suit. The supreme court of the state on Saturday last passed on the case of Geo. Mattison of South Bend, this county, against the Rock Island rail way. The latter road crosses Mr. Mattison’s land and the company failed to put in a crossing for his bene fit as agreed. ‘The work was started, but when Mr. Mattison, in making out the deed, failed to include the crossing agreement, the company stopped work. Mr. Mattison sued in the district court of this county and secured a verdict in his favor, but the company appealed, and by the deci sion of the upper court has come out first best, the case being reversed and dismissed. The supreme court sylla bus is as follows: Mattison vs. C. R.I. P. R. Co. Ap peal from Yass county. Reversed and dismissed. Opinion by Justice Harrison. Parol evidence is incompetent to prove a contemporaneous, oral agree ment by which it is sought to change or alter the terms of a written con tract and the result of which would be to change the effect of the written contract in a material portion of it and to insert or read into it a condition or reservation pot contained in it, or implied by its terms. Members of Registration Boards Must Wait for Their Pay. A QUESTION OF LIABILITY. City Urges That the County Should Pay Registration Expenses and WHIt Test the Matter In the Courts Various Other Notes Who Will Pay the Registrars* Something of a muddle has arisen over the question as to where the members of the late boards of registra tion in this city will get their pay. The registrars filed their claims with City Clerk Kerr on or before last Mon day, and it was expected that the city council at its meeting that night would allow them. The day following the registrars called for their warrants, but were informed that the claims had not been presented to the council, and as a consequence quite a few of the registrars emitted a large-sized roar. Upon investigation it has been learned that the failure of Clerk Kerr to present the claims was upon order of Mayor Newell and several members of the council, the reason being that the officials mentioned have good cause for believing that the county, and not the city,should be made responsible for registration expenses. In a city election the city has always borne these expenses, but in a county elec tion, wherein the city is not interested any more than any other part of the county, the officials hold to the belief that the county should foot the bills. A careful perusal of the statutes, so it is claimed, fails to show the city’s liability in the least possible sense, and for that reason the mayor and council resolved to let the registrars look to the county for their pay. The claims were not all filed in time for presenta tion to the county board at this month's session of that body, and consequently they will go over until the December meeting. The amount involved is something like 8300, and it is well worth the test. The city officials pro pose to have a fair test made of the matter, and will abide most willingly by the result.
Newspaper Details
Plattsmouth Weekly Journal
Plattsmouth, Nebraska, US
Thu, Nov 15, 1894
Page 1
Full Page
Clipped by
Gary S.
MT, USA 30 May 2026
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