Plentywood herald. [volume] (Plentywood, Mont.) 1908-current, 1929-12-19
SHERIFF MADSEN WINS
CURTIN DAMAGE SUIT
Jury Deliberates But Thirty
Minutes To Bring In Verdict
In Favor of Defendants

QtOI III NCxCllliLilto
The District Court term is over for
this year, ending last Friday with
the most interesting case of the term,
and one which has attracted consider
able attention throughout this part
of the state; being civil action be-
tween David Curtin as plaintiff and
Tina Nelson, Sheriff Hans Madsen
and his bondsmen, as defendants.
The action occupied the time of
the court for three days and was CIV
en- to the jury too late to be reported
in last weeks issue. However, the
jury quickly disposed of it, being out
only thirty minutes, rendering a YER
dict in favor of the defendants. on the
first ballot without argument.
This action arose over some land
owned by a nonresident named Hell
sing. In 1923 this land was being
rented by Tina Nelson and Hans M.
Nelson, her husband, who had sum-
merfallowed lot of the land for the
1929 crop. The landowner entered
into new lease with a party named
Serum, ignoring the rights, if any,
of Nelson who had prepared the land
for the 1929 crops, and without pay
ing him for this work. The new ten
ant was to give the land owner one
half the crop for his share, and when
harvesting had commenced Tina Mel
son started action for damages
against the landowner for not pay
ing her for the work of summerfal-
lowing the farm. With Writ OF
Attachment the Sheriff proceeded to
attach Heising's share of the crop,
there being six loads of combined
grain in the Dooley elevators stored
in the name. of Serum and Heising
He also attached the balance of
Heising's share Of the crop which
was being combined.
At this time Dave Curtin appeared
on the scene, claiming that in July,
he had purchased Heising's share Of
the 1929 crop, stating that he contrac-
ted to pay $3.50 per acre for same,
also pay costs of threshing and mar
keting
No more grain was hauled to the
elevators in the name of Serum and
Heising, and when the sheriff dis
covered this fact he went out to in
vestigate and found that the grain
was being placed in a granery about
a hundred feet from where Curtin
was living. The sheriff sent out
trucks to haul the grain to town un-
der the attachment. There was
portion Of the grain hauled and the
next morning the balance was found
to be missing from the granerv.
When the sheriff got out there and
made an investigation, he found that
some Of it had been sent to Conner
town and sold in the name Of one
Bolke; he had some difficulty in To-
eating the balance, but finally found
that it was in coulee or draw, in a
pasture about GO rods from Curtin's
buildings, in grain tank. Upon in
vestigation, it developed that Curtin
and his men had loaded this grain up
in the night, and hauled it out of the
granery and placed it in this tank in
the draw. Curtin then claimed this
grain was his seed grain. The sher-
iff on these facts had Mr.. Curtin
brought into Court on contempt pro-
ceedings, but the action was dis
missed by Judge Paul
After the contempt action was dis
missed Curtin started the lawsuit
which attracted so much attention
during the trial last week. The
Court room was crowded with spec
tators. many of whom had come from
out Of town, to listen to the case
which had so many angles and intri-
cate points of law to be decided.
Judge Hurry of Glasgow presided in
the case, and the plaintiff was repre-
sented by Attorney Howard NJ. Lew
is, while the defendants were repre-
sented by Attorneys Babcock and
Greer. The case was hotlv contested
from beginning to end. The specta-
tors listened with the most careful at
tention, and until the very last
shred of testimony was in, very few
expressions were made as to the
outcome of the case, but when the
II.