The Duluth rip-saw. [volume] (Duluth, Minn.) 1917-19??, 1919-07-12

A bunch of Ohio Philistines are har-
assing Rev. John George schaibly, pas
tor OF Grace M. E. church, by impor.
tunately seeking money that they al.
!ege he owes them. The attack is be-
ing made through Duluth g municipal
court by a contingent of hired mer.
cenarles, commonly called lawyers.
First comes B. R. Baker, a merchant
tailor in Cleveland, Ohio. He alleges
that, on June II, 1916, over three wears
ago, he sold and delivered to Rev. John
George Schaibl y one natty suit of
clothes, valued at $42.25. Brother
Baker insists that Rev. John George
has neglected, failed and refused TO
pay for that natty suit.
B. R. Baker started suit in municipal
court through Messrs. Courtney &
Courtney. They filed a summons and
complaint to which Rev. Mr.. Schaibly
replied through his attorneys, Messrs.
Mccoy & Hansen, a couple Of clever
members Of the local bar.
The defendant admitted that he got
the suit and he raised no point as to
its quality and fit. His defense was
that he bought the garments condi.
tionally, otherwise the purchase never
would have been made.
Rev. John George also recited the
fact that, when he bought the suit
from B. R: Baker, he was swatting Old
John Barleycorn in Ohio under the en-
ployment of the Anti-saloon League of
that great state. Bro. Baker was also
a member Of the League, by the way.
Defendant Schaibly alleged in his
answer that he promised to pay for
that natty suit Of clothes when he
received his pay from the Anti-saloon
League, which condition tailor Baker
accepted, according to the Schaiblian
side Of the matter. Had that not been
the understanding, the defendant in
sists, he never would have ordered the
suit.
Rev. John George Schaibly seems
to have fallen short in his influence
over the Ohio voters, for he admits
that the Anti-saloon League failed to
win the election. Worse than that, the
League also failed to pay Rev. John
George for divers prohibition speeches
that he made up and down the state
in an exceedingly loud voice. Not
getting his pay, he declares that he
was left absolutely unable to pay Bro.
B. R. Baker, as we'll as many other
bills that he owed.
Messrs. Courtney & Courtney de.
INJURED to Rev. J. G. Schaibly's an.
swer as not being proper and suffi-
cient. The court held that the de-
murrer was good and SO recorded, Civ.
ing the defendant ten days in which to
make an answer that will hold water
in the opinion Of municipal Judge Cut
ting. As these lines are written, that
answer has not been filed.
Next comes Hugh J. McClearn, a
skilled jouster in legal tournaments,
who brings suit against Rev. John
George Schaibly in behalf of the City
National Bank Of Columbus, Ohio, for
the recovery of a note in the sum of
$75 and interest at per cent.
This note, so the records say, was
given July l, 1913, with interest from
October l, 1918. The bank alleges
that it still holds and owns the note;
that payment has been demanded and
that no part Of the obligation has been
paid.
Rev. John G. Schaibly filed an affi-
davit on June "a, 1919, disputing the
suffiency Of the service. It seems a.
if a process server called at the par.
sonage, leaving a summons and CON-
plant, to which no heed was paid,
therefore Judgment was taken after
expiration of the statutory time in
which to put in defense.
The plaintiffs lawyer contends that
the papers were served on Iune Is.
The defendant claims that they were
served June IA, therefore statutory
time for an answer and defense had
not expired when judgment was taken.
In the Schaiblian affidavit it is ad-
mitted that the affiant is the right
defendant in the action. He alleges
that the papers were handed to his
wife, Mrs. Name Schaibly, on Satur-
day afternoon, June "a, and that he
knows his recollection is correct for
he was officiating at funeral when
the papers were served at the parson-
age and said funeral was Saturday aft.
ernoon, June IA.
Messrs. Mccoy & Hansen, ATTORNEYS
for the defendant, ask that the case be
opened and that their client have leave
to file an answer to the original COM