Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1918-01-24
SCORES PEOPLE WHO ENGAGE IN
LAwsulrs OVER THRILLING
MATTERS,
REp-HoT OPINION
IN RED HEIFER CASE
Judge Weaver Declare. u Is Beyond
Bound. Of Charity to Excuse Grown
American Farmers Who Call Down
vsns.anes Of Law Upon Each Other
Over Two aovins ouadrup,ss.
Special to Times Republican.

Special to Timex Republican.
Des Moines. Jan. 24.--Going to law
over some trii,ing matter and dragging
petty differences thru the courts at a
great cost 10 the litlsants is given u
severe scoring by Judge Silas NJ.
Weaver, of the Iowa supreme court.
in an opinion wr...e,, by him in a law
suit over the o"nvsJn.lt Of a red heller.
The case is entit.ed clarence Z. Luther
VS.. John Ulirlsch. appellant. and is APP
pealed from Buena Vista county.
Luther won in the lower court and was
sustained. by the supreme court.
: 1t seems that Luther bought ten head
of cattle at y pnbAc sale held by one Of
his neighbours which had been put up
at the sale by Uilritch. When Luther
tried to drive the ten head of cattle
home the next day he had to go by IN
ritch's place AS he did SO the cattle
turned In at their old home and were
soon mingling with the other cattle on
the Ullritch farm. When Luther yum
dertook to sort out and regain posles-
si0nsof his stock a. dispute arose be-
tween the men as to- the identity OF
some OF them. The. chief difference was
over certain red heller which Ull-
FITCH insisted was one Of the number
he sold the plaintiff but which the
p plaintiff denied ever having seen be-
s The two men could reach no agree
ment and Luther went home. He re-
turned the following day to try and
pick out his cattle. No agreement was
reached. Luther then started an action
for replevin and the writ was served
by the taking Of the ten head claimed
by Luther Al judgment was later
rendered in favor OF Luther and Ull-
ritch appealed to the supreme court.
Scores Petty Litigation.
In scoring litigation over such mat
ters Judge Evans. among other things,
in his opinion says.
The controversy e one OF fact az
the facts are mostly Of q petty and
trifling character. Whatever may be
thought Of the c6mparattve merits of
the claim. put forth by the PARTIES they
have been settled by the Jury in the
plaintiffs favor and there The matter
should end 80
I'VE can understand perhars the al.
titude of q mother who refuses to be
satisfied with any substitute for her
child. Her child may be less beautiful
and less perfect than the one Offered
in Its stead but it Is her child and not
the child of another which nd VENTS.
and II it be denied she will Aqt becom :
forted and all human hearts a}mba-
thi1e with her. = !, 81 Il rs
There Is also methlnk aGSsDsfr COM
mon human nature which .contemplates
with q hunorlnS smile 10 tifdtuation
,f the very young m6n Who Is con-
WINGED beyond 3f9ument that the par
ticular dimple which plays upon The
cleekso OF his particular fair one is with
out equal or rival In q world OF beauty.
but it Is beyond the bounds OF
Charity to- find reason or excuse for
two grown American farmers who cali
down the, vengeance Of the Law upon
each other and spend their time money
and efforts for months and perhaps
wars over the difference of two bovine
exactly alike in size. quail
it.f age. color and general appearance
and are without any distinguishing
mark except small red spot on the
LETT side Of the left cheek.
POSSIBLY the determination Of each
pslrty to shift upon. the other the own