Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1896-06-25

The supreme court held a brief SEES
sion Friday and cleared up it's work for
it's annual summer vacation. Burr w.
Jones, representing Petitioner MiCheal
Kruszka filed with the court a petition
for leave to bring action to test the
validity Of the apportionment law.
He stated that the petition was prac-
tically the same as had been presented
to the attorney general requesting him
to bring the action, and that he had
declined, stating his reasons, which
were also submitted to the court with
the other papers. Without hearing
argument Oh the petition Chief Justice
Cassoday announced that an order
would be granted giving leave to bring
the suit.
On motion of Mr.. Jones, Messrs.
Victor L. Brown of Racine and Chaun-
cey L. Jones of Stevens Point were adj
mitted to practice before the supreme
court. A stipulation was filed for the
dismissal of the case against DR..
Kempster, health officer of Milwaukee,
The court denied the application of
the attorney general for leave to bring
suit to dissolve the charter of the
Superior & St Croix Railway company.
After handing down opinions III the fol-
lowing cases, most Of which are from
the Milwaukee circuit, the court adj
iOurned until next Wednesday at p.
m. when the graduates of the uniyer-
sity law school will be admitted to prac-
tice.
The most important of the cases IN
which an opinioa was furnished was
that of Joseph BOrman against the city
of Milwaukee. BCrman was the west
side park empIoye who was gored by
the stag al that place some years ago
Tt will be remembered that the stag
attacked Borman and gOred him IN sew
eraI places, his life only having been
saved by the interference of eX-presi-
dent of the council, Henry Hase, who,
by nearly superhuman efforts drove the
enraged animal away from his victim.
In the lower court the complaint in
the case which asked for damages to
the amount of 100000, was demurr9d on
the ground that owing to the contribu-
tory negligence Of Borman there WIS
no cause Of action and the appeal IS
from the demurrer. The supreme
court afIirms the decision.
The case of the J. and II. Claagens
company against Henry Lyman, Joseph
Hyman Louis SLIDER and Mar
Gus Silher is an appeal from a
Judgment rendered in the lower court
against the defendants on an accrue l
Indebtedness in which it was decided
that the garnishees must pay out Of
moneys belonging tC the Hymans, the
sum Of $6,3S3.31. From this judgment
the SIlbors appealed, their defense nav-
ing been that they held a prior right
to the funds in their possession than
the plaintiff. The decision is reversed
The case OF EMIL Lindper against the
81. Paul Fire & Marine Insurance COM
pany is an appeal from a judgment in
a lower court of $2,G25.75 iii favor of
the plaintiff because OF losses sustained
by reason of the burning of his barn
in fires on Sept. , and 4, 1898. the
second fire having resulted from the
first because Of snoldering Goals Neg
glect on the part of the plaintiff rem
reding his policy void was the defense
of the company. The Judgment is af-
fIrmed by the higher court
The case Of William PIankinton. as
signee, against Matt. II. Bauer and
Thomas German is an action arising
out of a loan ma62 from the PIankin-
ton bank of Milwaukee of 81 900 exc
cuted by the plaintiffs and endorsed by
the Oberman Brewing company Now
II Is claimed by the defendants that
the Oberman Brewing company is the
principal debtor and they desire that
the bank shall lock to that corpora
ton for payment. In the lower court
the bank was successful in its suit.
The supreme court reverses the deci-
sion.
The case of the L. A Shakman com
pany Of Milwaukee against George
Koch, Is an appeal from the circuit
court, of Mn"aunur Ounty, in an at
tachment proceeding against the de-
PENDANT on a claim of the plaintiff for
about 81 900. The defendant claimed
that goods valued at $4,000, were at
tached and that the proceedings were
unlawfully conducted. In the lower
court the attachment was confirmed.
The decision is affirmed.
John Bagnowski was injured while
in the employ Of tie A. J LinGermann
& Halvorson company TO such on eX-
tent that he lost d portion of his hand.
jury in a lower court awarded him
$4,000 and there was an appeal from
the verdict. The judgment is reversed
The case of Jarvis S. Beers against
the North Milwaukee Town Site com
pany is an appeal from an order of the
court overruling a demurrer of the de
PENDANT to the complaint in which the
plaintiff prays for Judgment for some
thing over $4,000 for breach Of con,
tract. Plaintiff claims he was awarded
the contract to grade streets in town.
ship and then was not allowed 10 dt
the work. The order is reversed,
The case of Simon Heller. aeains
George Neeves aud wife. is an action
for the foreclosure of a mortgage o
$4,000. AS a defense. the defendant.
claim that the time was extended OF
the mortgage in return for a valuable
consideration. The lower court adj
judged a foreclosure. The suprem,
court reyerses the Judgment.
The case of William Grange agains
Reign & Salentine, is an action TO col