The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1900-03-09
FAMOUS SHEEP CASE.
Rosenbaum Bros. Given q Decision
Calling for &2i.O0O.


Calling for F2j,OOO.
Word has been received in Fargo
that Judge Fisk of Grand Forks l,as
rendered his decision In what seems
destined to become one OF the most
celebrated cases in the legal annals of
North Dakota, the case Of Ruscnbaum
Bros. l. Co. VS.. Hayes & Cans. The
decision is favorable to Rosenbauln
Bros. 4 Co., the plaintiffs, and adverse
to MIR. Cans, the defendant, who has
for so many years put NJ plucky,
persistent, but unsuccessful contest.
Judge Fisk i'll his decision, awards the
entire band Of sheep. some 5000 in
numbers, to the plaintiffs. and decided
that the defendant was wholly unjust
flied in attaching them.
The history of this litigation goes
back to the year 1893, when Bcasley
Il Co., who were large buyers of live
| stock upon the Western ranges, and
who were acting as agents for ltoscn-
baum & Co.. started for the Chicago
markets with the sheep in question.
They were purchased largely in Mon
tana and Idaho. with money furnished
by Rosenbaum Bros. & Co. They were
taken from the cars at Dickinson for
the purpose of being pastured and fat
tened for the market and from this
arose the litigation, which has contin-
ued ever since, and which has HOW
ended in a complete victory for the
Rosenbaums.
Judge Fisk now finds that all the
sheep were in the actual possession of
| Rosenbaum Bros. Il Co, under their
factors lien. and while in that stu
ton We're attached by Cans for debt
due to him by the Beasleys. The at
tachment suit itself furnished consid-
cradle litigation. an appeal being taken
from the decision of the trial court to
the supreme court. Later. Roscnbaum
Bros. & Co. brought a replevin suit for
the possession Of the sheep. and it is
in this last-named action that Judge
Fisk has just rendered his decision.
This rcplevn suit has been tried four
times in the district court, 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-
cision was in favor of the plaintiff,
but the judgment was reversed by the
| supreme court because of some error
in the Instructions given to the jury.
Upon the third trial, Judge M:s.s:;hes-
ter dismissed the plaintiffs case .,I the
conclusion of their testimony, and this
Judgment was promptly reversed by
the supreme court. The fourth and
last trial is that which has just been
before Judge Fisk. Judge Winchester
presided over the Sixth judicial dis
trict, i'll which the action originated,
having tried the case three times. had
become weary Of it, and, with the con-
sent of both parties. called in Judge
Fisk, from the Grand Forks district.
and the case was submitted to Judge
Fisk without Il jury, the litigants on
both sides dceming the issues of such
Il nature as TO be best tried before the
court, and both desiring to avoid the
enormous expenses which threatened
to eat up the entire amount in contro-
versy.
Tho last trial commenced at Mandan,
last December. and was finished he
fore Judge Fisk on Jan. IS III Fargo.
about three weeks of the time being
consumed in trial and argument. 1t
is doubtful If in any other case in the
annals of the state such Il mass of
testimony has ever been taken, and
the case, If it should be appealed to the
supreme court. wou!u present a Won
dcrfully vOluminous record.
The parties were playing for no in
considerable stake in the long and bit
ter contest which has been waged be-
tween them. The sum &C about 5000
in cash, proceeds of the sale of por
ton of the sheep. is deposited i'll one
of the natior., banks of Dickinson,
and. by Judge Fisi's decision, is
awarded to the plaintiffs. Further
more, the defendant gave redelivery
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 nave obtained in the suit
something more than $25.00O.
Prominent stockmen look upon this
decision as one of vital Importance to
their business. 1t fully upholds and
supports the law permitting the hand
ling of cattle under the security of
factors liens. without which it has
been found impracticable. if not i'm
possible. to conduct the business and
market large hands of cattle from the
Western ranges.