The Dickinson press., 1901-06-22
SHEEP CASE.
The Supreme Court Has Decided
the Famous Case Three
Times-Rosenbaum Won
on the Wind Up.

Inc decision OL<tuc supreme COuII
which was handed down on Friday in the
celebrated Rosenbaum-G Cans sheep case
was the third one. handed down by the
court in this litigation which first began
in the district court Of Stark county in
the fall Of 1893, before Judge Winchester.
The amount involved was the original
value of 5000 sheep, about $4,000. at
tached at Dickinson in the early part of
the summer, by Jerry Hayes. the then
sheriff of Stark county. The attachment
was by order of John Cans a wealthy
sheep owner of Montana who claimed to
have a lien on the. sheep for $4,000.
The sheep were in transit from Montana
to Chicago and were attached while be-
ing fed and rested at the Dickinson
stock yards. They were billed
through to Chicagu1to Rosenbaum Bros.
by w. w. Beasley & Co. 1t was the
latter firm who owed the money al
legged to be due to John Cans. The lat
ter has been the defendant during the
whole course of this long litigation.
Jerry Hayes being the normal defendant
by reason Of his official position.
The decision just handed down was
on appeal from Judge Fisk which was in
favor Of the Rosenbaum Bros, plaintiffs
and respondents. BY agreement the last
trial of the cast in the district court was
without a jury, and OF his own motion
Judge Winchester, in whose district the
case came, called in Judge Fisk Of the
Grand Forks district, Judge Winchester
having tried the case several times was
tired of it and preferred that it go before
some other judge and Judge Fisk was
agreeable to all concerned, The deci-
sion just handed down is final and there
can be 10 further appeal.
Judge Fisk gave the Rosenbaum broth.
ers a verdict of something like $4,000
against Cans, being Tor the value of the
sheep. damages and interest. The judg-
ment was paid before the appeal was
taken by Cans, to stop the interest.
Judge Fisk found that all of the sheep
were in the actual possession of Rosen-
baum Bros. under their factors lien, and
while in that situation, were attached by
Cans for a debt due to him from the
Beasleys. The attachment suit itself
furnished considerable litigation, an APP
peal being taken from the decision of
the trial court I the supreme court.
Later R%osenbaum Bros. brought a re-
plevin suit Tor the last named action
that Judge Fisk has just rendered his
decision This replevin suit has been
tried four times in the district court and
has been three. times appealed to the
supreme court of North Dakota.
At one time and another all of the
leading members of the bar in the west
ern part OF the state, have been engaged
upon one side o the other of the case.
F. w. Camp, prior to his removal to
California, took a prominent part in the
litigation in its earlier stages. Upon his
departure from the state, he was sue
ceeded by Geo. w. Newton, then of Bis
marck, o of Fargo; L. A. Simpson Of
Dickinson; F. H. Register of Bismarck
Alex. Hughes and Jas. B. Kerr Of St.
Paul. The last named gentlemen have
most ably represented the defendant
throughout all the later stages Of the
litigation. The plaintiffs attorneys from
the start were, A. b. Melville Of Chicago,
Judge Campbell of Dickinson, H. G.
Voss of Mandan, J. E. Campbell of Man.
dan, and E. S. Allen Of Bismarck. Ball,
Watson & Maclay of Fargo were given
charge of the Rosenbaums' interests
after the second trial, and conducted the
same through the third and fourth trials
including appeals in the supreme cour
down to the present termination.