Daily capital journal. (Salem, Oregon) 1903-1919, 1910-05-25
FIGHTING
ON GENERAL
PRINCIPLES
CASE INVOLVING ORIGINALLY
ONLY S11.S5 GOES FROM JUS
TICE TO CIRCUIT COURT AND
is NOW BEFORE SUPREME
COURT.

Rather than pay $3.50 in court
costs in the justice court of Tilla-
nook, j. o. Drummond took an APP
peal to the circuit court of that
county, and while the attorneys fees
paid out in the prosecution of the
appeal probably amounted to more
than the original sum sued for and
the costs combined, that did not
matter to Drummond, because 1t was
not financial gain he was consider
ing, but justice-fghting the case
out as they sometimes say on the
principle of the thing"
Rather than abide by the decision
of the circuit court which trans
ferred the original costs to the de-
fendant, the Miami Lumber com
pany, and also additional costs in
Cured in the circuit court and
amounting to $19.35, the lumber
company took an appeal to the su-
preme court, and the case was filed
with Judge Moreland, clerk of the
court today. The attorneys fees in
the prosecution of this appeal will
also amount to more than the COM
bined costs of the justice and circuit
court and the original amount sued
for, but that does not matter to the
company, because it is also seeking
justice-fighting the case out on the
principle of the thing"
Only S11.S5 Involved.
There was only $11.S5 involved
in the suit when it was instituted in
the justice court. Drummond hal
been working for the lumber COM
pany and because 1T failed to pay
him when he made the demand-at
least so he says-he directed an at
torney to sue. The suit was
brought, but before it came to trial
the company sent to the attorney a
check covering the indebtedness,
and it was accepted by Drummond.
The company then answered admit
ting that the debt was due, but con-
tending it was paid and both sides
introduced evidence. The justice of
the peace found that the debt was
paid, and in his judgment assessed |
$3.50 cost to Drummond and |
$3.50 to the lumber company
made what he called an equitable
division in view of all the circum-
stances surrounding the case.
Costs Exceed Original Amount.
The costs taxed against Drum
nond exceeded the original amount
'ued for, $11.S5 by $6.96, and nat
lrally came as a blow to him, and
le sued out a writ of review before
Iudge Galloway in the circuit court
If Tillamook. The justice of the
,eace had contended that as the
lebt was paid Drummond had no
,ause to bring suit, but Drummond
that the debt was not
,aid until after the suit was COM
nenced, and therefore in the dismiss
al of the case the justice should
lot have imposed any costs on him.
Judge Galloway took Drummond's
Jew of the subject, and reversed the
Judgment of the justice court, and
irected the costs in that court, and
he costs of appeal in the circuit
ourt to be taxed against the lumber
ompany.
From this decision the lumber
ompany has taken an appeal and
he justices of the supreme court IN
he near future will be given an op-
of converting the highest
ourt of the land into a nursery for
he purpose of listening to juvenile
of attorneys upon the
ubject as to what constitutes JUS
Ice.
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Tlfpaa U,,r.AH ~ n 70 "a naya