Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1893-12-08
SUPREME COURT NEWS
Business in the Supreme Court Takes
a Considerable Boom This
Morning.
Several Cases Filed, Writs Of Error
Issued aud Other Matter At
tended To.
Indications That the Trail Count,
Seat Case Will Become a Very
Live Corpse.
Supreme Court Decisions.

supreme our Decisions.
Business in the supreme court took a
little boom Wednesday and quite a
few cases were filed for argument at the
next term, which convenes in Fargo on
the 9th Of next January.
Bessie T. Clyde vs.. G. d. johnson
comes up from Mcintosh county and is
an action wherein the plaintiff claims
that the defendant, as sheriff Of McIn.
tosh county, owes her s51, being the
balance in the sherif's hands after a sale
under foreclosure of certain real prop
erty. the plaintiff claiming hat the
amount for which 1t was sold was more
than paid the mortgage debt,lncluding all
costs. Defendant interposed a demurrer
to the complaint, which was sustained
and from said order plaintiff appeals. A.
w. Clyde for plaintiff; w. F. Mason and
AS. Drake for defendant.
a writ of error was also issued in the
case of the State VS.. Theodore F. Kerr,
directed to the district court of Griggs
county. In this case the defendant was
a practicing physician in Cooperstown,
and according to the indictment "did
commit the crime of unlawfully selling
and giving away liquors as a beverage,
committed as follows, to.wit: that said
Theodore F. Kerr did sell and give to
one Julius Stevens, as a beverage, GER
tain Intoxicating liquors, to.wit: one.haIf
pint of whisky" Verdict of guilty and
defendant sues out the writ. Taylor
Crum for appellant; attorney general
and states attorney of Griggs county for
the state.
In the case of State We. Louis &.
Morcks and Joseph Miller a writ OF error
was allowed directed to the district court
of Mcintosh county. The information
in the case charged the defendants ''by
means of a dangerous weapon hereinafter
described, being II weap-n such as is
usually employed in attack or defense of
the person. to-wit: a billy" but a more
particular description of which informant
does not know and therefore cannot state
the same, being then and there held and
employed as hereinafter stated; also one
stone of great weight, to-wit: two pounds,
then and there SO held and employed by
said defendant Joseph Miller did wilfully,
unlawfully, feloniously and without Jus.
tltiable or excusable cause, assault and
with said dangerous weapons then and
there with great force and violence
strike. beat, cut, bruise and dangerously
wound and injure one Andreas Gunther
with intent to do great bodily harm.
Verdict of guilty of assault and battery.
Sentence of $75 fine and 10 days in Jail.
Gahy & Gunderson, of Pierre, s. D., for
appellants.
In the famous Traill county seat fight,
which some of the papers have stated
was settled, the abstracts and briefs on
the part of the Caledonia people we're
filed by their attorney, Taylor Crum.
With the same are some afidavits and
petitions which indicate that the matter
is far from being a corpse. At the late
session of the supreme court at Grand
Forks a stipulation was filed signed by
the plaintiffs in person, asking that the
case be dismissed and the judgment of
the district court affirmed. Action ON
this was not taken at the time and now
comes two of the plaintiffs and state that
they signed the same under a misrepre-
sentation of the facts and they "verily
believe that certain parties have re-
ceived, partly in money and partly in
notes, the sum of $4,000, as an induce
ment to attempt to have said action dis.
missed" This is signed by about a
hundred of Trail county's citizens.
which would indicate a still further
effort to have the seat remain at Gale.
donia.