The Redwood gazette. [volume] (Redwood Falls, Minn.) 1873-1940, 1893-08-24
TAKES A LEGAL ASPECT /!
Attorneys on Both sides of the Ho-
tel Imbroglio Come to an
Understanding.
The Estate Assumes the Aggress-
I've and Sues for a Can
collation..

"The hotel will be opened just as
soon as the arrangements necessary
can be made," was the remark made
by Attorney Bowers and Somerville,
for the Francois estate, when asked
whether the hotel would be opened
pending the long judicial wrangle
which is now open. "The hotel will
be closed during the legal proceed
ings, were the words Of Hon. Frank
Wilson, of Red Wing, who has just
been called into the case, and who is
a particular friend of Mr.. and Mrs.
Iaber, when approached on the sub
ject just before boarding train for
home on the same evening.
Things commenced to take turn
last Monday, when Hon. Frank Will
son, OF Red Wing, an attorney, and a
member of the last legislature, quietly
appeared upon the scene. He is par
ticu]ar friend of the Tabers, and was
sent for by Fred Taber to take charge
of the case. In the meantime M. M.
Madigan concluded to drop out, and
Mr.. Wilson and Messrs. Baldwin &
Mcleod went into immediate consulta-
ton. Mr.. Wilson approved of the adj
vice OF the firm, but contended that
the bill Of complaint drawn up for the
purpose of legal action had better be
changed, and consequently nothing
was done until Tuesday, when Judge
Bowers, George w. Somerville, at
torney for the Francois estate, ,and MIR
Wilson and Baldwin e. Mcleod went
into conference as to the method of
proceedure in the courts. Mr.. Wilson
was very plain in saying that the
courts should settle the matter and
that there would be no force used by
his client.
Mr.. Wilson was given the choice Of
a pan of act on. He asked Messrs.
Bowers and Somerville to assume the
aggressive, and the request was COM
piled with. Those two attorneys i'm
mediately decided to enter suit for the
annulment of the agreement for a
lease which had never been executed,
on the ground that the agreement had
been violated, by virtue of the closing
of the dinining room, and carrying off
property belonging to the Hotel Fran
co.'s. This complaint was drafted and
served on A. w. Taber, wife to Fred
Taber, in whose name the lease was to
have been made, yesterday afternoon.
A copy of the same was filed with the
clerk of the district court ,and now the
case is in the hands Of the court, to
be settled at the next November term,
or as soon thereafter as Judge Web
ber may file decision.
Mr.. Wilson claimed that Immediate
ly after the filing of this complaint he
would ask Judge Webber,in chambers,
for temporary injunction, restrain
ing the estate from interfering with
the Taber management of the Hotel
Francois, and also for a mandamus
compelling the return of the keys and
\ all property in possession of A. w.
Taber at the time of the election. He
thought that such an injunction would
not require boud on the part of the
Tabers, but it is not at all likely that
if such an injunction and mandamus
are issued that the attorneys for the
estate will not demand bond to in
demnify their clients duringlthe time
the two writs are in effect, or until
Judge Webber issues the final order.
He stated to the GAZETTE representa-
tive that the hotel would not be
allowed to open pending the legal
complication, unless by Mr.. Taber, ,and
when asked how he proposed to stop
it he said by temporary injunction