Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1890-05-09
Supreme Court.
[From THURSDAYS Daily

[From Thursdays Daily.l
No. IL. Richard s. Tyler, plaintiff and
respondent, VS.. Cass county, a continued
cause from Cass county, occupied the atten
ton OF the court yesterday. The attorneys
were Messrs. Stone and Newman for plain
tiff and respondent and Messrs. S. B. Bart
lett, A. G. Davis and A. McEldowney for
the county. The opening argument was
made by Mr.. Bartlett, followed by Mr..
Newman and by Mr.. Davis. The issue in
volved seems to be OH the part of Mr.. Tyler
to recover from Cass county money
paid for lands sold for taxes that
it Is claimed were not taxable. OF
course no good title to the lands
could be secured. The defense in plain
English is that the purchaser Of lands sold
for taxes is legally supposed TO know what
he is buying and takes all the chances of
such a purchase. 1t is doubtful whether
any other question could open up a wider
field for argument or call out a more volu-
minous array of authorities on both sides,
and the able attorneys gave conclusive
proof that they had not been slumbering
while preparing for the conflict. The tax
titles bought by Mr.. Tyler were railroad
lands, and it is to be seen whether the
" WA NoAAN v AAASl1 u llIC COulUY Is U
get left in the transaction.
Court took a recess at $50 until 10 o'clock
this morning.
The following is a list of the ATTORNEYS
referred to in yesterdays report who quail
fled to practice before the supreme court:
Matthew }: Edgerly, E. G. Rice, Mandan;
LOUIS Hanitch, Q. 2. M. Jamison, F. II.
Register, John D.. Watson, jamestown; W..
H. Winchester, Geo. W. Newton, ali of
Bismarck, with the exception of the two
names designated. Judge Francis, on mo-
ton of Hon. johnson Nickeus, also be-
came a member of the bar of the supreme
court: To-day there vas added to the list
s: B. Bartlett of Fargo, FL. F. Wogan OF
In all cases decided Tuesday, a stay of
remittur was granted for twenty days. dur
ing which time petitions for rehearing can
be filed with the clerk.
Two more cases were entered on the SUI
preme court calender yesterday. One be-
ing Owe johnson VS.. the Northern Pacific
railway company, in which Attorney Glas-
pell appears for the plaintiff and Mr.. Wat
son for the railroad company; the other is
Anderson Healy and John Ecklund vs.. the
District Court in and for Burleigh county.
W. II. Winchester Judge, and E. S. Allen
clerk-applicatiOn for writ of .certiOrari.
Writ granted and hearing set for Saturday.
Petitions for rehearing in the following
cases were denied:
Amelia }. Bowman, as administratix of
the estate of John Bowman, VS.. NJ. Eppin-
g%er-appeal from Stutsman county.
.Adolphus H. Bodie, VS.. The New En-
gland Investment company-appeal from
Ramsey county.
John Harrington trustee, VS.. The New
England Investment company-appeal
from Ramsey county.
'ThoS. HennesSy VS.. Alexander Griggs,
Jacob Eshelman and the Dakota Gas and
Fuel company-appeal from Grand Forks
county.
The continued civil cases of Peter Larson
VS.. the Thompson Farm company-appeal
from Trail cOunty-was settled, as was also
the case ofSimon Simonson VS.. the Thomp-
son Farm company.
The continued civil cause of Thomas A.
Jackson VS.. La Moure ~county-appeal from
Stutsman-Was submitted on briefs.
Continued cause OF Thos. j. Larson, VS..
Dwight L. Wilbur and johnson Nickeus-ap-
peal from Stutsman-WaS again continued
by consent as was also the new civil cause
of VIM. Braithwaite, VS.. administrators of
estate Of Joseph Lighton II Thos C.
Power, ct. al.
There are fifteen cases left on the
supreme court calendar for argument.
Some of them involve knotty questions ana
it is likely that Decoration Day will have
come and gone before the first adjournment
of court,