Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1892-10-21
SPECIAL TERM.
CLERK Hoskins Receives Notice of q
Special Term Of the Supreme
Court.
<sBob' Wallace Discovers a Man at
the Penitentiary a Walking
Picture Gallery.
The Rally at Menoken Was Well
Attended and the Audience
Enthusiastic,
Special Session Of the Supreme Court.

Special Session Of the Supreme Court.
A special session of the supreme court
has been called to meet in Fargo next
Thursday morning. This meeting will
be held under the provisions of the stat
ute PASSED last winter, that the supreme
court shall be- "always open" for the
consideration of original writs, such as
mandamus, injunction and the like.
The matter to come before the court
this time is an action entitled State CT
North Dakota OK rel. Northern Pacific
Railroad Company vs. The Judge of the
District Court of Stutsman County, and
is a proceeding in mandamus in name,
although in reality an appeal from an
order made by Judge Rose. The subject
matter Of the litigation has been in the
courts of the state and the late territory
for a number of years. It grows out of
a sale of lands by the Northern Pacific
company to A. H. Glaspell, consisting of
"a number of sections of land in Wells
county.
Nj. Glaspell claims that he purchased
the lands under certain representations
from the agent of the company and that
later it turned out that those representa-
tions were not true. Suit was instituted
by Glaspell in the territorial district
court to recover damages for the mis-
representations. After trial a Judgment
was rendered against the company for
the sum of $4,000. Pending a motion
for a new trial in the territorial court
the state of North Dakota was admitted,
and thereupon the defendant, the rail-
road company, removed the case to the
federal circuit court and Judges Cald-
well and Thomas granted the company
a new trial. On this second trial the
matter was litigated at great length,
ven going to the extent of taking the
jury on a special train from Fargo to
Wells county to personally inspect the
land. This jury returned a verdict
against the company for $1,000. From
this verdict and judgment Glaspell ap.
pealed to the supreme court of the
United States, and alleged as error that
the case had been improperly removed
from the state court to the federal court
The supreme court of the United
States agreed with Mr.. Glaspell and
directed that the proceeding be re.
manded from Judge Thomas court tc
Judge Rose, and that the matter be re-.
instated there in the same manuer as be-
fore removal. This left Glaspell in possess
sion of a verdict for $4,000 and interest.
Under the statute a judgment could be
appealed from the district to the su
preme court at any time within two
years, but during this transfer and ap.
peal to the supreme court of the Uuitec
Estates, the time had expired and the
Judgment against the company became
I absolute. But now the attorneys of the
company claim that during all these
i proceedings a motion for a new trial hao
been pending in the state court anc
they desired Judge Rose to take this up
To so do Judge Rose refused, Oh the
ground that the company had waived
and abandoned this right by removing
the case. An order to this effect was
filed and to review which the supreme
court has been appealed to. The mat,
ter comes in the form of an alternative
writ or order to show cause and will be
argued next Thursday. It is a CASE
bristllpg with subtle legal points anG
will be very interesting to attorneys o.
the state.
Slightly Decorated.
There is a prisoner in the Bismarck
~penitentiary, whose initials are not j. G
B., but who is decorated from head tt
fnnt with all sorts of curioue 1ov;ooe "