The L'Anse sentinel. (L'Anse, L.S., Mich.) 18??-current, 1896-04-18
There Were No Criminal Gases On the
Doclet--0ivil Gases Occur
pied Nearly the En-
tire Week.
The Case Of w, G, schafsr vs.. the
Baraga sohool Board Will Be
Appealed 70 the ST.
preme Court.

The April term Of circuit court for
Baraga county convened in this city
Monday moruinz, Hon. Jay A. HGbbelI,
circuit Judge, presiding.
There were 40 criminal cases on the
| calendar, but several civil cases, which
consumed nearly the entire week,
The first case sor trial was that Of W.
c. Schafer ys Baraga School district No.
/. in which the plaintiff sought to re-
! cover on contract made with him by
the board in March, 1898, at which time
he was engaged as uperInteudent of the
school for the ensuing year The time
specified In the contract was ten months.
at salary OF sizes per monih. IN ad-
dition there was also interest due
from July, 1894. The case was hotly
| contested one, Attorney $. w Sh0uIl
of Marquette, appearing for the plaFu-
tiff, and Attorney y. +. Eees. OF
Houghtou, FOR defendant The general
circumstances OF the case are DOUBT
less familiar 70 the readers OF TIE
SENTINEL. as they have been previously
published.
As shown In the trial the school board
made contract with Mr. Schafer in
March, 1898, but subsequently, the coz
tract was declared void by :ho beard
and another superintendent EN-
ployei Mr.. Schaier testified that lie
was not notified uutil August 2ad. and
was accordingly prevented from secur-
ing another position as teacher. lie
also relied upon the contract and le-
ported for duty at the proper time.
but the board refused to allow him 10
act. He testified that VIXEN the COG
tract was made eli members Of the
board were present. with the exception
OF one. who was NJ that timGn the city
of Detroit The meeting vas called
by the clerk by written notices 10 the
members, As required by law. but the
board claimed that the coatraet was
invalid. first. because a three-days
notice was not given. aud secondly.
because the district had notified Mr.
Schafer that it repudiated the con
tract in ample time to prevent it being
estoped. The defendant sought 10 have
the court take the case from the jury
on the above grounds. but The request
was refused.
On the question of estoppel nine of
the jurors held that the defendant had
so conducted that IL ought 10 pay
the plaintiff the amount claimed, while
the other three jurors held otherwise.
After it became apparent that the jury
could not agree, IL was decided by the
court upon request, to direct verdict
so that an appeal could be taken with
out the expense Of new trial to deter
mine the question of law involved, as it
was Understood that an appeal would
be taken in any event, and another trial
would be necessary before appealing,
which would work great hardship to all
parties concerned, inasmuch as after the
case had been again tried the same
questions of law would have 20 be deter
mined by the supreme court, and might
result in a third trial. while by the
cour. directing verdict, one more trial
is all which can possibly be required to
determine the case finally. as far as
estoppel aud validity OF the contract
are concerned. The court accordingly
Far he daFa
and the case will be appealed to the
supreme court
1t is the general opinion that Mr..
Schafer should recover the amount Of
the contract. and it is hoped that in the
end he will do so.
The case lasted over two days, and
the jury were celebrating about eighteen
hours.
The repevin case Of Ii. &. Rothweil
VS.. Mrs. Maria Cole, occupied the at
tention of the court and jury for
nearly one day, and was OF rather
interesting natare. p. r. McKernan,
assisted by E. J. Mapes, Of Marquette,
appeared for the plaintiff and W. 5.
Hill, OF Marquette, for defendant.
After celebrating fer two hours the
jury brought in q verdict for the
defendant in the gum Of s1Oo, or the
return Of the horse, which was re-
plevined, valued at the above sum.
The case Of c. P. Blankenhorn VS..
Mrs. Flora Buchanan, issue Of fact was
non-sulted, as. was also the assumpsit
case OF T. Y. Bainbridge vs. the Duluth,
South Shore a. Atlantic Railway Com
pany.
Tho trnxer case of William Laird Ys