Emmons County record. [volume] (Williamsport, D.T. [i.e. N.D.]) 1884-current, 1900-06-15
IN DISTRICTsCOURI'.
The County Seat Case Amicublv
Settled naatI the Suit
Dismissed.
1t This Term There Here No
Criminal Cases on tho
Calendar.
THE Most Interesting Mattc,. or
Trial I,,e.s the st. Stephens
Church Case.

The June Q9oo) tenn of district
court convened in Honstaints Hall,
Linton, last Tuesday, at 10 Il. N.
The first matter taken up after the
opening of court and the call of the
jury was the naturalization of clti-
.zens. More than sixty people appeared
and took out their rsecond papers.
In the case of Austin Logan VS..
Emmons county-a cattlc-tax case
the counsel for plaintiff and for de-
fendant submitted an agreed state
mcnt of facts. The court ordered that
thirty days be allowed plaintiff in
which to file a complaint, then thirty
days to defendant to answer, and
thirty days more to elapsc before trial
in chambers at Bismarck.
Mr.. e. S. Allen, of counsel for
Messrs. Rush and Yeater, appeared
and dismissed the county-Seat case.
This action was based on an agree
>ment that had been made between
certain citizens Of Linton and the
plaintiffs, Messrs. Rush and Yeater,
by which the plaintiffs were to receive
$3.50 in the way Of remuneration for
the expenses that had been made by
them in the suit. And the Record
will statethat there is Il strong feel
ing Of satisfaction among citizens
generally that the case has been set
tied. Linton-even with lawsuit
hanging over it-has grown in Il short
time to be quite a place, and we
believe the future will show that IL
village will grow up here of which, as
their capital, the people. of this county
need not feel ashamed. In the
negotiations leading uysto the settle
nent, the Record wiHsstate that the
plaintiffs were found to be neither
unreasonable nor extortionate.
The next case called was that Of The
Mccormick Harvesting Company VS..
Dirk Iiasper. This case was a peculiar
one, and was one of that numerous
class Of cases inwhich Emmons county
people are sued in Mcintosh county,
probably with the belief chat they will
not appear. According to the testi-
mony Of defendant and his witnesses
and which, we may add, every one
in these parts believes-Mr.; Mergens,
Of Eureka, ar, agent of the Mccormick
company, visited Mr.. Hasper and made
arrangements with him to take certain
property, consisting principally Of
cattle, in full satisfaction of a mort
gage. Mr.. Hasper drove the cattle
over to Hull, as per agreement, and
made what he considered a delivery to
MIR. Mergens. But at this point the
latter claimed that he had not taken
the property iii full satisfaction of the
debt covered by the mortgage given
by Hasper, but that he took the
property under foreclosure. The COM
pany then brought suit in Mcintosh
county for the remainder of the
alleged debt, although the defendant
is a resident of this county, and Mr..
Lynn, defendants attorney, secured a
change to this county. There was no
question in the minds of those who
heard the testimony, and who know
the reputation of Hasper and his
witnesses, that they told the truth,
and that when defendant gave up his
cattle he thought he was wiping
out the debt against him.. But the
law of agency in this state is such that
the plaintiff would certainly have
the best of it in the supreme court, as
there was no writing to show that the
machine company had authorized
Mergens to take the property in full
satisfaction of the mortgage, and
under the law the company had the
best of It. So the court took the case
from the jury and ordered verdict
for the plaintiff.
The jury IN sthis:casc consisted Of
Albert House,. N
(. L. S. Chapman, ~
VIM. Mittlestedter,
Julius Gross, "
2. Moran, ,
Ole A. Sjerslee,
A. Sleascng,
O. w. Nelson, =
T. a. Keiffer,
G. w. Wescott,
T.. iB. Irvine.
There we're but eleven jurors, the
plaintiff and defendant having agreed
to try the case with that number. A,
w. Clyde fol, plaintiff and q. w. Lynn
for defendant.
The Civil case Of Mas VS.. Benz was
f.compromised put of court
Z The case of First National Bank oI
Bismarck ct al. VS.. Emmons County Ia
Wood law tax case) went over to nex1
term.
The two cases Of Eichler VS.. VOL
were dismissed, plaintiff failing to ap
pear. y !, 4:
The case Of Clarissa A. Walker VS.
1 - - 49, AFl7 e -