Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1911-07-01
Magnetic HEALER HAS
PROVED NO EASY Mark

JAMESTOWN, N. D., July Judge
Coffee today made his order upon the
motion of George w. Thorp, attorney
for j. E. Perry, defendant in the case
of Tetz VS.. Perry, opening the $16,1l3
judgment taken against Perry by de-
fault.
The order so made in favor of de-
PENDANT, which now makes it possible
for him to come into court and intro
duce defense to the complaint
against him, brings to a momentary
close decisive legal battle which has
been waged since April.
The complaint against him in the
action charges that cry wrongfully
treated the disease of myths of the
humerus from which plaintiff was suf-
fering, and that it was subsequently
necessary to employ doctors and sur.
geons to remedy the effects of the
treatments given him, and that the
plaintiff by reason of defendants
treatment is deprived of the use of
his arm to this damage in the sum of
$4,000.
The papers were served upon Perry
upon the eve of his departure from
the city, and he had no opportunity
to consult counsel. Upon bis arrival
at Portland, Ore, he wrote a letter
to his attorney which miscarried and
was never received, and so at the ex-
piration of the time for answering
plaintiff by his attorneys went into
court, offered evidence and obtained
a large judgment by default-so large
as is shown by defendants affidavit,
that if he were forced to pay >-4e same
he would be financially ruined.
In his affidavit Perry shows the
coure that he did not intend to let the
case default, but that he used every
means in his power to communicate
with his attorney and believed that he
would be represented, and was sur
prised to learn of the judgment having
been rendered against him. 1mme-
lately upon entry of judgment, Messrs
Knauf & Knauf, who appeared for the
caused execution to be is
sued against several valuable quarter
sections of land in which it is alleged
defendant Perry has an interest, and
lpOn his arrival in jamestown in re-
;ponse to a telegram from his son, the
defendant found large and vigorous
Judgment staring him in the face, and
also that his property was TIED up
lnder the execution.
Through his attorney Perry immedi-
ately took action to correct the re-
ults which we're so disastrous to him.
Voluminous afidavits were served
n which the excusable neglect was
,et up. and an affidavit of merits and
| verified answer presented showing
| good legal defense to the claim
llleged to exist against him. The az
idavits state that it will probably ap-
)ear in the defense when the hearing
s had, that Perry, who is a magnetic
healer, did not guarantee a cure OF
he disease from which plaintiff was
suffering, and that he did not diagnose
he same, but that he gave the regu-
ar treatment for rheumatism upon
he assurance from the plaintiff that
competent physicians had said That ne
vas suffering from rheumatism, and
that if plaintiff suffered
lamage, 1T was occasioned by reason
Of the negligence of the plalntnt
aOne.
Perry, who was engaged in the prac-
ice of magntic healing in jamestown,
was excluded from the following OF
lis profession by an act of the legls-
allure passed at it's last session, and
moved to Portland, ore.
The action has been followed with
interest owing to the fact that Perry
we'll known in the community, and
because of the fact that so large
Judgment was entered against him IN
an action which he did not defend,
md at a time when he was three thou
sand miles away from the court.