The Jasper weekly courier. [volume] (Jasper, Ind.) 1858-1922, 1900-02-02
John {. Mccall and TiIlman
Lancaster VS. August II KOerner
and Herman T. Koerner.
THE LARGEST DEMAND FOR JUDGMENT
vs. PLAINTIFFS EVER MADE IN A DU.
BOTS COUNTY COURT ASKED IN DE.
PENDANTS CROSS COMPLAINT.
Charges Negligence and Violation OF Con.
tract on the Part Of Plaintiffs. who were
his Attorneys, and wants $4,000
DAMAGES.


tract on the Part 0i Plaintiffs, who wer'
his Attorneys. and wants $4,000
Damages.
One OF the important causes con
tinued al the Oc,ober term, 1899
in order to give plaintiff. time foi
reply, and again continued at tht
January term, 1900. in order L,
give defendants time 10 reply undel
oath To a number OF interrp-atoiies
l. entitled as in above heading
fine sui Was originally brought m
John +. lieman and Mil9um 4
Sweeney, for $3.50 alleged TO be du'
plaintiffs from defendants Tor attor
new services inlhe Chancery Couu
It Lexington. Tenn, aud the 81
preme Court al Jackson, Tenn, IN
a case OF the Ayre Il Lord lie CO.
Is A. II. Il III. /. koe.ner, foi
breach OF warranty. guarantreln-
100. 900 K. Il. ties on a pi ce ~
, 900 acres OF f,moer land sold by
them. and which the koerner'> lost
IN the Tennessee courts, as the,
now aile.e by reaso OF the negll-
genle and violation al contract fDr
a Jury trial, on tn. part of the plain
ans. and that said attorneys were
mpIoved by them 10 ass. seni r
counsei in the defense only because
i their ability a. Jury lawyers.
The tennessee Judgment against the
Noerner was forSlO, 2L3.j I ral. \
been reduced 5000 in the
Court. The jud ment j.
against both OF them, though IL.
L. koerner has filed disclaimer
IF any interest or partnership IN the
natter whatever. Tine Judgment
vas enforced by the attachment OF
| .OO0.OOD slaves 81 the koerner' :
and the remaining timber on the
1000 acres III land, amt August III
koerner leges he spent ia addition
50, 900 in money and time looking
after The suits in Tennessee, and
hat tie plaintiffs permitted ind
nrnt 70 be taken a-aln>t him la
ais absence and without his knowl-
sdge. The suit in tennessee was
decided in Oct ISIS, and ia plaln-
tifts say the record was the LARGEST
ever made in Tennessee, taking up
)ver 1900 pages Of court recorr
COX x hean and Leo. III Fisher
appear a. attorneys for Koerners.
A corresp ndent from Jasper OF
The Evansville Courier has the fol
owing about the case:
JASPER, Ind. Jan. 25.-Coun \
Auditor August II. koerner. in "a
cross action against Attorneys Nc.
all and Lancaster, Of Lexington.
Tenn, sues them for $4,000 Gam
iges sor negligence in trying g cause
or him.
H. his complaint ilel by A'tor.
neys Cox Il kean he say that III
1890 he was the owner Of 5000
cres VI timbered land in Tennessee,
sd that on sept 26th - that yeai
ie sold said Iaad AID timber to che
Dnlo Valley Tie and Lumber com
lany Tor SIG, DOB, with tie written
guarantee that the land would make
10000 railroad ties. That the con
ract was assigned by the Ohio Val
ey Tie aud Lumber company to the
Ayers Il Lord Tie compa. Y, and
tnat this last company, after cutting
part of the timber, filed a clnn
with him demanding that he furnish
them 10000 ties, a they claimed
that they could only get ly0,0W
les OFT Of the land, aud upon his r.
u~al t. do 20 they sued tim in tn,
cnancery court at Lexington, Tenn.
and attached over 100000 stavei
belonging to him. That in fact tia,
lain OF The Ayers Il Lord Tie Go
was false, a. there was yet more
than 100000 ties uncut on the lane
If 1t had been propt RI y worked. liz
employed Attorneys Mccall anC
Lancaster to assist defend him, bu
contrary to his demand they re
fused to call a jury, neglected an,
refused To have witnesses ~ubroe
naed that were asked for by him
and looked after the case 50 car.
IcSsly and negligenlly that solely =,
their want Of skill and ignorance he
lost the case, both in the lower ana,
supreme courts, and the whole 81 tni
.nIiion ties valu d at S3), 900, wer'
consumed in paying the judgmen
and costs, and IN addition he hat
10 pay out 50 900 in expenses y
taking dispositions, getting wit
nesses, etc.
When the case was finally ended
Koerner refused 20 pay the atlor
neys, and the claim was sent to At
torneyS Mllburn, Sweeney & Tie