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The Case of Albert Kluht vs. David Mitchell


Posted By: Karen Brewer (email)
Date: 4/27/2017 at 17:27:18

The Osceola Sentinel, Osceola, Iowa
September 24, 1925, Page 1

One of the cases that is scheduled for trial and that will probably create more than usual interest is that of Albert Kluht vs. David Mitchell. It will be recalled that this case was tried in the local courts some months ago and that the jury found for the defendant. A motion was made for a new trial which being overruled by the court was carried to the supreme court in June, 1924, the supreme court In reviewing the case found evidence of mistrial and reversed and remanded the case for a new trial.

According to the petition Kluht married his wife, Lavada Klukt, in 1918. Moving to Murray soon after they lived together for some time . About October she is alleged to have become acquainted with the defendant, David Mitchell, and that he acquired an improper Influence over her and caused an alienation of her affection for the plaintiff. As a result of this influence the plaintiff's home was ruined and his child dishonored and disgraced. For all this he asked damages to the amount of $25,000 and costs.

The case was hotly contested by both sides and expert testimony was introduced as well as a great deal of testimony of neighbors. The case will be watched with a great deal of interest by those who have followed its rather stormy course since it was filed In 1921. The present attorneys are Higbee and McEnlary and M. R. Stansell for the plaintiff and V. R. McGinnls and J. S. Banker for the defendant. It is called for Monday and will probably come to trial if Mr. Mitchell's health will permit his presence in the court.

Assignment of Cases.
Monday, September 28
State vs. Earl Bullock.
Albert Kluht vs. David Mitchell.
(Subject to motion for continu-

The Osceola Tribune, Osceola, Iowa
November 19, 1925, Page 1

The following cases have been cited for trial at the coming session of the court: Albert Kluht vs David Mitchell, law.

The Osceola Sentinel, Osceola, Iowa
February 18, 1926, Page 1

In the case of Albert Kluht vs. David Mitchell, the plaintiff asks that the suit be made against Mr. Mitchell's estate, he having died recently. The case is marked for trial.

The Osceola Tribune, Osceola, Iowa
March 18, 1926, Page 1

In the case of Albert Klute vs M. R. Hoffman, administrator of the estate of David Mitchell, a settlement was reached by the attorneys on the following bases defendant to pay the plaintiff the sum of 500.00 and all costs in this action, including the costs in the supreme court in the action of the plaintiff vs David Mitchell, tried during his life time. The settlement of the attorneys was approved and ratified by the court.


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