Daily Capital Journal

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Circuit Court Notes.

After rendering two decisions, and listening to additional evidence in a third case, and taking it under advisement, Judge Galloway adjourned the equity department of the circuit court at noon today, and this afternoon returned to his home at McMinnville. He will return to this city and hold further court on June 2.

The case in which additional evidence was taken was that of Charles Elgin against S. H. Snyder, a suit in which the plaintiff seeks to recover from the defendant a farm which he traded him for stock in the Salem Box Factory. The ground upon which he seeks to recover back his farm is that the value of the stock was misrepresented to him.

Denies Injunction. In the case of John Bayne against L. F. Brown, an application for an injunction, Judge Galloway denied the application. The controversy was over a strip of land, about 100 square feet, and the plaintiff sought to have the defendant restrained from trespassing upon it. The plaintiff served notice of appeal to the supreme court.

Decides Jones Case. A decree in favor of the plaintiff was entered by the judge in the case of M. L. Jones against C. H. Isom. The point at issue in this case was a lease with relation to 400 acres of land, and also a chattel mortgage given by the defendant to the plaintiff. After the original lease and chattel mortgage was entered into, a written agreement was made between the parties, altering them, and in the mean time the parties had become involved in litigation, and a receiver had been appointed. The case brought an accounting between the two, and the decree directs that the defendant pay to the plaintiff the sum of $500, together with interest at the rate of six per cent on $1535.94 from October, 1908, to October, 1909. The firms of Carson & Brown and Kaiser & Pogue appeared for the plaintiff.