Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1911-09-06
IMPORTANT DECISION
! FAVORS GRANT co.
Demurrer Filed by County Sus-
tanned by Judge Higbee.
Action Was Brought by Ex-Sheriff
Watson for Materials Used in
Building Court House.

A very interesting subject in local
legal circles this week is the decision
of Judge Higbee of the sixth judicial
circuit sustaining the demurrer made
by Grant County as defendant, in an
action brought by Ex-Sherif ]. W.
Watson against the county, to recover
certain moneys claimed to be due JOS
eph Bourgealt and the First National
Bank of Duluth, for materials pur.
chased by the Northern Building Co.
and used in the construction of the
Grant County court house.
The particulars in the case, as OBJ
tanned from District Attorney Geo.
B. Clementson, are as follows:
On January, 1908, after the failure
of the Northern Building Co. which
was constructing our court house,
Joseph Bourgeault and tie First Ma
tional Bank of Duluth brought suit
against the company to recover the
values of building stone furnished.
In aid Of this suit writ of attach
lnent was issued, and John W. Wat
son, then sheriff of Grant Co. attempt.
ed to levy on all the building
materials and tools on the court house
grounds. These materials and i'm
plements were claimed by the county
to be it's own and not the property of
the Northern Building Co. Accord
ingly, ignoring the sheriff. attempted
levy. the county locked up its gates
and posted no-admittance signs, as an
assertion of ownership and authority.
In July, 1908, Watson brought an
action to recover damages in the sum
of SAT- 90, with cost and expenses,
claiming that he was responsible to
the plaintiffs in said action that
the county. with Richard Meyer. Jr,
chairman of the board, Era Fl.
Grifis, county clerk. and Robert
BROKER, the contractor who succeeded
the Northern Building Co. in the
work on the court house, had deprived
him of the property he had levied
upon in the attachment proceeding,
act he was entitled to recover the
value of the property.
To the complaint of Watson tn
defendants interposed demurrer, on
the ground that the complaint did not
state facts sufficient to constitute
cause Of action Thereafter an APP
plication upon an affidavit of prejudice
was made by plaintiff for change Of
venue in the action. 1t was discover
ed that the affidavit was not in accord
ance with the statute and would not
authorize the court to change the
venue. and the application was denied.
On or about Nov. 1st 1905, an APP
plicatioD was again made upon sufi-
cient affidavit for change of place of
trial. In lieu of granting such APP
LEGATION the presiding judge Of the
circuit court for Grant county called
upon the presiding judge of the
circuit court of the sixth circuit, then
the Hon. J. J. Fruit, to assume
jurisdiction of said case in Grant
county, and try the case mere. Judge
Fruit accepted the call and specified a
time when he would appear in the
sumo jurisdiction. He did appear
and take jurisdiction, but the
plaintiff questioned his jurisdiction
and an application was made to Judge
Clementson to change the venue in
the case to some other circuit which
application was denied. Watson s
attorneys, who were at .that time A.
r. Bushnell and I. L. Cleary, then
began proceedings in supreme court to
compel Judge Clementson to change
the venue to some circuit adjoining
the fifth circuit. The supreme court
refused to do this, holding that Judge
Fruit had jurisdiction to try the case
in Grant county. After the decision
of the supreme court, and an May,
1908, the issues of law raised by the
demurrer aforesaid were submitted
to Judge Fruit upon briefs furnished
by the attorneys of the respective
parties Judge Fruit was in failing
health, and died in May, 1909, with
out deciding the issue raised by the
demurrer. On July 28th, 1911,
application was made to Judge
Clementson to change the venue in
said action or to call in another judge
20 try it. The plaintiff, Watson, ap
peared by J. NJ. Clancy and R. A.
Watkins, and the defendants by Geo.
g. Clementson. On the hearing it
vas decided, with the consent of the
attorneys, that the proper thing to do,
view of the existing situation, was
or Judge Clementson to call upon
Judge Higbee now judge of the sixth
ircnit and Judpe Fruits successor.