Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1912-02-08
COURT DECIDES CASE
Personal Property Cease of Kensal
Litigants of Long Duration
Given Two Trials

Given Two Trials
The case of Larson and Walker
VS.. Hanson and Fredericton, re-
Gently tiled in the district court at
the term presided over by Judge A.
G.. Burr, of Rugby, who sat In place
of Judge Coffey, who was disquali-
fled from acting by reason of having
participated in the trial of the case
once while attorney for plaintiffs, has
been decided in favor of the de-
fendants, Hanson and Frederickson.
The action was brought to recover
upon an undertaking on bond CIV
en- by Walker Caven and William
Caven for re-delivery ito them of
certain personal property, seized in
1907 by the plaintiffs from one P.
M. Foley of Foster county. After
seizing the property from Mr.. Foley,
the plaintiffs placed it in charge of
the Cavens for care and keep until
the same might be sold under judg-
ment. Later it was claimed by the
Cavens that no payment had been
made for the keep and payment was
demanded and the property was then
sold under a livery stable keepers
lien. Action had been brought to
seize the property in behalf of Lar
son and Walker from the Cavens and
it was for the re-delivery to the
Cavens to protect their livery stable
lien that the bond was given for a
re-delivery of the property to them.
Thereafter the case was tried and,
under objections. testimony was re-
ceived therein and a verdict had in
favor of Larson and Walker. Han
son and Frederickson then appealed
the case to the supreme court, where
the lower court was reversed and
the action returned for new trial.
The trial in the action was had
before Judge Burr, where it again
appeared that during the trial be-
tween the Cavens and Larson and
Walker had some four or five years
ago, the defendant, Walter Caven,
was dismissed from the action by and
with the consent of the plaintiffs
and verdict and judgment had been
entered, requiring the defendant,
Caven, to pay money judgment for
$4,000, and $500 of costs, instead
of giving him the privilege of re-
turning the property under the bond
or judgment.
At the close Of all of the testimony
the defendants moved for directed
verdict, whereupon the plaintiffs
then moved for directed verdict,
thus placing the entire case to the
court for it's decision, and, under the
law, the jury was then discharged,
and the court taking the matter un-
der advisement, giving both sides OPP
portunity to brief the law in the
matter, finally handed down its de-
cision in favor of the defendants,
Hanson and Frederickson.
Some $23O0.00 was involved and
naturally the defendants who live at
Kensal, are pleased with the result.
The defendants maintained that they
had signed the bond on the strength
of their belief in the integrity and
ability Of Walter Caven, against
whom the previous action had been
dismissed, and that therefore they
were not liable for the action Of one
of their bondsmen and that the pre-
vlous judgment, not having been
made for, the return of the proper
ty, and 1t appearing from the evi-
dence of William Caven that the
property could have been returned
had return thereof been adjudged
and that therefore the case should be
dismissed as to them.
It is said that Judge Ellsworth who
represents the plaintiffs will appeal
the case to the supreme court. Knauf
and Knauf represent the defendants.
.------ ------ ------ 49,