Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1898-02-25
MANY COURT CAUSES
Supreme Court Will Have a Busy
Term When the Regular April
Calendar is Called.
Important and Interesting Cases from
all Parts of the State Filed
for Hearing.
Bonfire of Good Liquor at jamestown
to Satisfy the Prohibition Jug.
gernaut.

to Satisfy the Prohibition Jug.
gernaut.
For the April term of the supreme
court cases come from from all parts of
the state for argument and final deter
mination. Many of the cases that have
been appealed involve points which are
new to the state, and their decision will
be q matter of much general interest.
There have been already forty cases
filed Tor argument, and many moro will
come in as the time for the term ap-
proaches.
Among the more interesting cases
that have been filed for hearing are the
Eaton cases, which involve the cost of a
disbarment suit. r. A. Eaton, a Grand
Forks attorney, now of Minneapolis, was
disbarred by Judge. Templeton several
years ago, upon proceedings prosecuted
by j. b. Wineman andR M. Catothers,
attorneys appointed by the court to prose
cute. When the case was appealed to
the supreme court, the tribunal reversed
the order of the lower court and REIN
stated Eaton. The latter then brought
suit against Wineman and Carothers for
the costs of the case on appeal. The
lower court refused to grant them, and
the supreme court sustained the holding
of the lower court. A ~re-hearing of the
case has been granted upon the showing
made by Eaton.
Another peculiar protecting is the
ordering of a %rehearing in the case of the
First National bank of Hillsboro vs..
Hyde. This order war made by the
court on it's own motion, for the reason
that it involves some very important
points which the court believed were
not sufficiently entered into by counsel.
The case arose out of suit of the bank
against Hyde who was it's cashier. The
bank claimed that it engaged Hyde at a
stated salary to act as cashier, they to
have his entire services. The bank
claims that Hyde nude something like
$1,000 on the outside, in insurance and
other business, and they sue for the re.
fund OF this amount, claiming that it
was made by Hyde in the time for which
the bank employed and paid him, and
they were entitled to it.
Thefcase of the Merchants National
bank vs.. Braithwaite, the latter being
noted as the most persistent litigant in
the state, involves the collection of ST.
800 on a note endorsed by Braithwaite.
The case was decided by the court at
the last term. but a rehearing was Or
dered. The question of outlawry of the
Judgment on the endorsement is in
volved. 4
The case of the state VS.. Tomlinson
comes up from Steele county and is that
of. a liquor seller who jumped from the
frying pan into the fire in e%ndeavoriiIng
to better his chances of acquittal upon
trial. Tomlinson was arrested at Hope.
charged with operating a blind pig, and
made an affidavit to the court that the
states attorney of the county was preiu-
diced against him, and had such an in.
fuence owe the people Of the county
that he, the defendant, could not have
a fair trial. Therefore the case was or.
dered to Traill county, one of the strong
est prohibition counties in the state,
where an accusation of liquor-selling is
practically equivalent to a conviction.
Tomlinson was promptly convicted, and
now he asks the supreme court to grant
him a new trial.
krischner VS.. Krischner is a unique
divorce case from Cavalier county. The
plaintiff and appellant in the case,
louisa Krischner, applied for divorce
from her husband, and it was granted.
Notice Of the action was served Oh the
husband who was a laboring man at
Sanborn. He states that he went to an
attorney, Vernon Shaw by name, and
gave his note for 50 forsadvice in the
matter, having no money. Shaw told
him that his wife had no grounds for a
divorce, and that, in any event, she
could not secure one until her husband
had been absent from home for a year.
Acting upon this advice, Krischner paid
no attention to the case, and the divorce
was granted by default Upon this
krischner came in and asked to have
the case re-opened, which Judge Sauter
permitted and from the order re.openipp
the case the wife appeals.
The United States Savings and Loan
company vs.. S. A. .Shain from Stutsrnan
county is q test Sof the constitutionality
OF the building and loan law. Shain
claims that the methods of the Savings
company are q cloak for usury, and that
he bought $4,000 worth of stock in the
company, paying interest and assess
ments upon it. He afterwards executed
a loan for $1,000 on the security of his
stock, and also paid interest on that,
thus claiming that he paid a dO,,hla in.