Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1900-03-01
ROsENBAUM WINS.
Long Contested Sheep Case Decided
by Judge Fisk in Favor Of
Rosenbaum.

Long Contested Sheep Case Decided
BY Judge Fisk in Favor Of
Rosenbaum.
MATTER Will Go to the Supreme Court
for 4 Final Trial and Judge
ment.
Judge Fisk has decided the long con-
tested sheep s OF Rosenbaum VS..
Cans in favor Of Rosenbaum. The
decision was made aSday or two ago,
and the case will now go to the SUI
.preme court for a final hearing and
Judgment. The history of this Iitiga-
ton goes back to the year 1893, when
3Beasley Z CO., who were large buyers
OF live stock upon the western ranges,
and who were acting as agents for
Rosenbaum& Co, started for the Chi
cago markets with the sheep in ques-
ton. They were purchased largely.
IN Montana and Idaho, with money
furnished by Rosenbaum Brothers &
They were taken from the cars
at Dickinson for the purpose Of being
pastured and fattened for the market.
and there began the long lawsuit
which has continued ever since. and
which has now ended in a complete
victory for the Rosenbaums.
Judge Fisk o finds ali the sheen
were IN the actual possession Of RIOS
5enbaum Brothers Il Co. under their
factors lien, and while in that stu
ation ~ We're attached by Cans for debt
que 70 MIN by the Beasleys. The at
3tachment suit itself furnished consid-
rable Iltigatlon, an appeal being taken
from the decision of the trial court to-
the supreme court. Later Rosenbaum
.Brothers Y Co. brought a replevin suit.
Tor the possession of the sheep and it
Is IN the last named action that Judge
FISK has just rendered his decision.
This repleyin suit has been tried four
times in the district5court and has been
twice appealed to the supreme court
Of North Dakota.
Upon the first trial the Jury dis
agreed; upon the second trial the de-
clslon5 was in favor of the plaintiff, put
Judgment was reversed by the SUI
preme court Upon the third trial.
Judge Winchester dismissed the plain
tltf's case at the conclusion Of their
testimony, and this judgment was re-
Versed by the supreme court. The
fourth and last trial is that whichha
Just been before Judge Fisk. The case
was submitted to Judge Fisk withont
a jury, the litigants on both sides
deeming the issues of such a nature as
to be best tried before the court, and
poth desiring to avoid the enormous
expenses which threatened to eat In
the entire amount in CONTROVERSY.
The last trial commenced at Mandan
last December, and was finished before
Judge Fisk on$sJan. a1S in cargo. aboI1t
three weeks of the time being con
sumed IN trial and argument. It is
doubtful if in any other case in the
annals OF the state such a mass 81
test1mony has ever been taken. and
% case, il It should be appealed to the
supreme court, will presentsa Wonder.
fully Voluminous record.
The parties were playing for no in
considerable stake in the long and
bitter contest which has been waged
between them. The sum of about Sl5,-
1000 IN cash, proceeds of the sale Of q
portion Of the sheep, is deposited in
one Of the national banks of Dickin-
son, and, by Judge Fisk's decision, is
awarded to the plaintiffs. Further
more the defendant gave a re-delivery
bond upon which the plaintiffs will be
able to recover their additional dam
ages, which amount to over $4,000.
This makes the recovery which the
plaintiffs have obtained in the suit,
something more than $25 600.
jSsE&A 80 - T.; 49, {. II - ! -.LJ