Wauwatosa news. [volume] (Wauwatosa, Wis.) 1900-1948, 1905-10-07
AN EXPENSIVE LAWSUIT.
One Dollar Recovered-Costs Were $14s2
and Lawyers Fees.


Adam Repp, wealthy farmer living
near Windfall, Upton county, Ind, gave
dinner to neighbors and friends on
Monday as a celebration of n victory
which he had just won in the Howard
circuit court over w. c. Legg.. another
farmer of the same neighbOrhOod. There
were present at the dinner the heads OF
nineteen families and about sixty chill
dren. ranging froln | to - years of age.
who enjoyed NJ. Repp's hospitality after
the older persons had dined. The ocea-
sion for the spread was peculiar, for the
victory which it celebrated. if costs were
to be considered. was quite as much of a
defeat as that which Mr.. Legg sustained.
Indeed, friends of the latter assert that,
though a heavy loser in the game, he
was really the victor over Repp, but this
depends entirely upon the point of view
from which the controversy is considered.
Ordinarily, one would declare it to be a
draw, with both parties badly winded in
the struggle, but such conclusion has
been scornfully rejected both by the prin-
cipals and their friends.
Two years ago Mr. Repp purchased a
horse from Mr.. Legg. The animal was
recommended to be sound in every par
ticular, but three days after the pur-
chase it died. Repp demanded that the
guarantee be made good and Legg con-
tended that the horse was well when
he sold it and the disease of which it
died was contracted after the sale and
while in the possession of Repp. The
latter had paid SS1 for the ANIMAL and
regarded it as Il bargain, but its sudden
death three days later convinced him
that his neighhor knew the animal was
unSound. and for that reason had parted
with it at figures which would be regard
ed as extremely low. Repp took the
matter before a peace justice at Wind
fall, but failed to show that the horse
was unsound at the time of purchase
and he was defeated.
Hhe appealed to the Upton circuit
court. where the trial of the cast lasted
seven days. Nearly 100 witnesses were
summoned by the plaintiff and defendant
and the best lawyers in the county were
employed, but the case was so muddled
when it reached the jury that an agree
ment could not he found. At the follow
ing term of court the case was called
again. and, despite a second list of in
structions by the judge and an urgent
appeal to the jury to agree on verdict,
1t reported a disagreement after being
out two days. In these two trials every
man and woman in the county who had
known or even seen the horse was called
to testify. and it was clear that a jury
could not be got in the county with any
probability of reaching n verdict
At the next term of court a change of
venue was asked and the case was sent
to Howard county. There the trial last
ed for ten days, and after an all-night de-
liberation the jury returned verdict for
81 in favor of Repp. He expected Legg
to appeal to the supreme court and
wished him to do so. and Legg was
equally anxious for Repp to appeal, but
neither made bond for an appeal, and
the sixty-day limit expired. Last week
the clerk of the Howard circuit court is
sued a free bill against Legg for $14S2.
which represented the combined costs of
the case since is started before a peace
justice nearly two years ago. Mr. Legg
paid the sum, and the horse" case was
at an end. In addition to the $14S2
costs both the parties to the case EN-
ployed high-prlced lawyers and each will
pay about $1,000 to his attorney.
Mr.. Repp said to his friends at the din
ner that he cared nothing for the money
invested i'll the horse, and, as the verdict
placed the costs on Legg, he was salts
fed to quit, for he had forced his OPP
ponent to pay many times the value of
the animal, even if he didn't himself
profit by the suit