Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1911-04-15

hOOeO OF
the case be urging the case while the defendant
was living land holding the land and operating as ne saw
Now nothing was from that time on That case
remained The heard from from Mr. ddaush
who came some he submitted proposition to me as to
whether thought that money Andy Jones' bank under the cir
cusances under had been left there would be trust
fund bank that would be preferred as against ~
creditors of the bank little length and he
told me this Of Brown Gilmore had been o
ouandarv as what to there and then as told him
before that would that he might have the money any
tme couldn't be cancelled for the reasons gwen h
the neouie procedure with reference to the matter and
second because made had been sufficient
hf NOV" h s ' mater was done it involved the question
closure by those deeds that spoke you
about and that became feature of this case and
order that decision might be had on IT, ana mat
we might get as near possible because
question that entirely in any OF the decisions OF TINS
state studied and searched everywhere
for light as the foreclosure of such instruments by adver-
isement anything to throw any light on that
question: deal of time taken by the attorneys on oo SUES
Of that case and much spent considering that
that might arrive nearly right Judgment as possible
say further involved by action brought by one
Jules Lambert that brought up of the character of fore
closure deed and recollection is that action was hnay
dismissed by stipulation detailed by Mr. Taynor know
that in this the for the defendant thai
great of time taken that regard and have hare
Of Mr. Anons asking for further delay in that mat
ter that they might fully and correct con-
cusion as nearly possible the law bearing that es
ton defective foreclosures.
that to Mmnewaukoh cas- e'
county of D. Zion Co., cons's' Of D. Zion"
l. Lew and H. NJ Levy-hy a of knd-aganst
man by the name Of John oconnn John 0Conne has since died
WARDROBE pretty explained that case to yo was c
that John oConnel was great big husky gonara
shman by the Of Fitch on railroad tram sn'
sheeney had whikey for sale, and John was Wiling " Dr." w "
bought quantity it, the extent of $780, he ha' Do"sn con-
ennn before hadn't been satisfactory and iere
was some talk about that being and made right etc. and
seemed Johns satisfaction because after quite we
thew had to sue him. justice Mr. no and
Mr. WARDROBE think the and Mr. Stewart
of Stewart Comstoc attorney the defendant The case was tried
in usce court and the judgment but
an Appeal was taken and when the showed up
the district John OCon sued for $500 on INT the
whskey coucam in for prior consignment
bskev that he claimed that dnkbe and he had
paid it, he demanded Judgment and he conndeo 0
that the stuff he had $500 consignment Of value what
that that consisted of drugs ana aope OF various % .:
known to John couldn't be handled in his business which
was very farmer he had large farm near
and n claimed ne Couldn't handle $500 WORTH when arrived and
that the had been absolutely worthless and therefore
he wanted his money what paid the former consignment
and he denied any liability the sheen for the $500 they had charged
&c. course that made real good lawsuit he maintained aso on '
part defense that the deal for the whkey was w
State and that unlawful transaction and there
couldn't He INSISTED strenouy on s
proposition, finally tried to jury after great dea OF or
the Of both attorneys because IN case "a SIC
ALWAYS involves far large and far more time and
Skill rule determining the real facts and the law reVe
case there where there great deal more 'nvo"eo
and less principle the evidence all sub
recall there must have been what woua
have ordinarily $50 worth of dispositions in that case on ba
Of the disposed off, far the evidence
was concerned moved for directed verdict and the court
thought that overwhelming Importance that he as
sumed the responsibility deciding without In few moments
after behalf of had cooled somewhat and
after thew had subsidized quoted little bt they both gath
cred around the court something effect 1--WE have spent
enough money this oshne We have agreed between our
selves to stop where will let stop where we Will
saw no Now, attention from that DAY
until the thing presented to never attracted to h
case and that this case for directed verdict
with request parties, there For Gods sake let
alone and let drop and that is all there that case
and want to saw consider good than the whole
worth
This is gentlemen known as Malchaud vs.
nierres: came up on the annals
known the not air Ills Is
case where Fenchman Machaud after
he got his mind that he would go into
he
buildings nowadays "hen ne
ont and undertook village Thorn for
Deerres old French lady, and ne was
going blocks and she to put up in the
stone foundation the supersru
stores and do not know just exactly
what after he got up
crube down. and the nelgn
adjoining alarmed and 1t was
think that the wall
of building this dwelling house, and they
went wall little building and