Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1900-03-09
ROSENBAUM WINS.
Long Contested Sheep Case Decided
by Judge Fisk in Favor of
Rosenbaum.
Matter Will Go to the Supreme Court
for a Final Trial and Judg-
ment.

ment.
Judge Fisk has decided the long con-
tested sheep case of Rosenbaum VS..
Cans in favor of Rosenbaum. The
decision was made a day or two ago,
and the case will now go to the SUI
preme court for a final hearing and
Judgment. The history of this litiga-
ton goes back to the year 1893, when
Beasley & Co., who were large buyers
of live stock upon the western n
ana VINO were acting as agents for
Rosenbaum & Co., started for the Chi
cago markets with the sheep in uues-
tlon: Ihey were purchased largely
IN Montana and Idaho, with money
furnished by Rosenbaum Brothers &
Co. They were taken from the cars
at Dickinson for the purpose of being
pastured and fattened for the market.
n there began the long lawsuit
winch 'has continued ever since, and
which has now ended in a complete
victory for the Rosenbaums.
Judge Fisk now finds all the sheen
were IN the actual possession of Ros-
enDaum Brothers 4 Co. under their
factors lien, and while in that situ-
alton were attached by Cans for debt
u to him by the Beaslsys. The at
tachment suit itself furnished consid-
eraple litigation, an appeal being taken
from the decision of the trial court to
the supreme court. Later Rosenbaum
brotners & Co. brought a repleyin snit
LOT the possession of the sheep and n
Is IN Inc last named action that Judge
rlsK a Just rendered his decision,
lh1s replevin suit has been tried four
times in the district court and has been
twlce appealed to the supreme court
OF North Dakota.
Upon the first trial the iurv die
agreed; upon the second trial the DO
clslon was l n favor of the plaintiff, out
ene judgment was reversed by the SUI
Prenle court. Upon the third trial.
1uGse winchester dismissed the plain
tlHs case at the conclusion of their
testlmony, and this judgment was re-
versed by the supreme court. The
iourth and last trial is that which has
just been before Judge Fisk. The case
was submitted to Judge Fisk without
a jury, the litigants on both sides
deemlng the issues of such a nature as
TO De best tried before the court. and
Dot desiring to avoid the enormous
expenses which threatened to eat nm
tne entire amount in controversy.
me last trial commenced at Mandan
last December, and was finished before
Juuge FIST on Jan. 10 in Fargo, about
tnree weeks of the time being con-
stmed in trial and argument. # is
uouDttul It In any other case in the
annals OF the state such a mass of
testimony has ever been taken and
tne case, If it should be appealed to the
supreme court, will present a 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 $15,-
oOO IN cash, proceeds of the sale of a
portion of the sheep, is deposited in
IN 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 2 $4,000.
At one time and another all the lead
ing members of the bar in the western
part OF the state, have been engaged
upon one side or the other of the case.
=. w. Camp, prior to his removal to
California, took a prominent part in
the litigation in it's earlier stages. Up
on his departure from the state, he was
succeeded by Geo. w. Newton, then of
Bismarck, now of Fargo; l.. A. Simp-
son OF Dickinson, F. H. Register of
Bismarck, Alex Hughes and Jas. B.
Kerr of st. Paul. The last named gen
tlemen have most ably represented the
defendant throughout all the latter
stages of the litigation. The plain
tiffs' attorneys at the start were A. B.
Melville of Chicago, Judge Campbell of
Dickinson, H. G. Voss of Mandan, J. E..
Campbell of Mandan, and E. S. Allen
of Bismarck. Ball, Watson & Maclay
OF Fargo were given charge of the Ros-
enbaums' interests after the second
trial, and conducted the same through
the third and fourth trials, including
appedls III lie supreme court, down to
the present termination.
Prominent stockmen, both those en-
gagged in the commission business, and
also the large stock breeders and rails
ers OF the western portion of the state
and Montana, look upon this decision
as one of vital Importance to their bus
mess, and as one of far-reaching CON
sequences. It fully upholds and sup
ports the law permitting the handling
or cattle under the security of factors
liens, without which l. has been found
impracticable, if not impossible, to
conduct the business of selling and
marketing large bands of cattle from
the western ranges.
CONTENT.
Give me content; all else is vain,