The Daytona gazette=news. (Daytona, Fla.) 1901-1922, 1906-11-24
FRANK W.POPE VS..
]. E. ALEXANDER.
Two Old.Time Friends Come to the
Parting Of the Ways and Surprise
the Public With q Lawsuit.
y y .

Parting VI SHS ways ana Suf PEsSS
the Public With a Lawsuit.
There has probably never been two
men closer friends, personally and polit-
ically, in Florida than Frank ". Pope,
of Jacksonville, and James E. Alexan-
der, of DeLand, avows the Jacksonville
Metropolis of Wednesday. For years
they have been intimate and it was a
surprise Tuesday when they read IN the
Metropolis that Mr.. Pope had instituted
suit against Mr. Alexander in the circuit
court. Attorneys and others in Jack
sonville discussed the matter and in
quired what caused the issue between
these old-time friends, both being law
yers and prominent in legal and polit-
zeal circles. The consequence was that
a number of attorneys and others were
in court in Jacksonville Wednesday
morning to take in the proceedings, but
the setting of the case for that time was
decided a mistake, and Judge Call said
he would continue it until perernptory
Ill of the docket, when it would be
| then properly set for trial.
The case comes from a debt for legal
services in an election case in Volusla
county-the case of the State of Florida
VS. W. c. Cannons-for which a fee OF
$1,000 was charged by Pope & Pope, and
for legal services in assisting County So
Iicitor J. Hall Brumsey in the criminal
court during the December term, held
at DeLand in 1905, $500, making total
of $1,000. Damages were laid at $1,000.
Pleas and affidavits were filed by
George L. Walker, attorney for plain
tiffs, and J. n STRIPPING, attorney for
defendant. One of the affidavits was
that the defendant was not ready to 60
to trial for the reason that soon after
the institution of the suit he had a con-
ference with F. W. Pope, ST., suggesting
to plaintiff to submit the matters of
their difference to arbitration and award
to two reputable attorneys, and to per
NIT Pope to select them; that this was
accepted by Pope in presence of p. II.
Odom and he agreed to take no fur
Their steps in the suit, and Alexander
then left the State to be gone month.
Subsequently the htigants endeavored
to agree upon terms and conditions OF
submitting their matters to arbitration,
but were never reached, and defendant
was under the impression that the suit
had been abated or dismissed by the
plaintiffs, and for that reason Alexander
said he had made no preparation for his
defense. He had submitted his case to
his counsel and made full statement OF
r all the facts to him, and was advised
D that he had good and meritorious de
8 Tense to the action, and he asked to file
additional pleas.
: The plea was in substance that ht
d (Alexander) never was indebted to the
v plaintiffs as alleged, and that plaintiff
did not render the services alleged II
o. their declaration, and that they ha(
e been paid for their services, and tina
the plaintiffs were at the commencement
d of the suit and are now indebted tc hin
(defendant) IN the sum of $500, which
k he is willing to set off against plaintiffs
claims, and for which he (AleXander
demands Judgment
The plaintiffs affidavit set forth tina
: he was telephoned to in August last b,
P. H. OdOm to come to his (OdOm' S
@ law Office and arbitrate the matter if h
q was willing to do so, the defendant be
ing willing. The matter was discussed
e at Odom's Office and plaintiffs statet
q they were perfectly willing to arbitrat
the case, and would permit defendan
d to select any lawyers he might name t.
, arbitrate the same, and defendan
% named any two of the following attor
r neys: Judge l. A. Stewart, E. Bly,, {. D
! Lands and Bert Fish, all of DeLand
II and plaintiff responded: Gan right;
it will suit you it will suit me to hav
BLY, and Lands to arbitrate the matter;
n and plaintiffs agreed to suspend furthe
r proceedings pending arbitration, blu
defendant delayed doing anything fur
;s ther in the matter. Plaintiff then wrot
IT, to defendant urging action in arbitra
ton, and if not conSummated that tn
+ proceedings III court would not be sus
- pended. If not arbitrated by certain
= time that prosecution of the suit Woul
II be proceeded with. Papers were the
filed in September and defendant file
y his plea, and has since made no effor
n or expressed wish to plaintiff to arb
t. trate the cause, and from nothing tn
d. plaintiff has said or done could defend
III ant have received the impression tina
r. the case had been either abated OF di.
ID missed. The records, contended plain
tiff, showed the filing of the replicatio
on October last, and nothing was sal
by plaintiffs to indicate that the tri;
would not be had at this term OF cour
ID The plaintiffs say their case is meritt
/ rious one, and the defendant is iustl
indebted to them, and defendant has n
good reason why the case should NJ
ii proceed to trial.