The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-10-26
LEGAL BATTLE over
DOG TO GET RULING
Of SUPREME court
Weeks Appeal Of Governors
Custer Action Also to
Come Before Jurists

Around the figure Of a dog, which
once escaped death as q sheep-killer,
next month will rage legal battle In
the state supreme court.
Nameless, the dog came perilously
close to death three years ago. when
accuser and master agreed the animal
must be slain en- circumstantial evil
dence.
Later, the court record shows, the
agreement was revoked, when the
owner of the dog discovered his pet
had been locked in barn at the time
Of the sheep-kil,ings.
Appeal Damage Claim
Involved now before the supreme
court Is the appeal Of the dogs master
from q Judgment Of a lower court
granting 1910 damages to second
farmer for slain sheep.
Appealing is Anton Rustal, Trail
county farmer, against the verdict Of
q jury and judgment in the district
court Of Judge M. J. Englert. Re-
spondent in the case Is E. B. Larson,
neighboring landowner and loser Of
the sheep.
In the case, Larson claimed Rustal's
dog slew Is lambs and q ewes. Rus
tai denied he owned the dog-that it
was the property Of his wife, now
dead, and that the animal was locked
in barn at the time Of the killings.
Larson asserted he discovered the ami
NAL near lamb, the body Of the dog
marked with blood.
In his appeal, Rustal claims new
evidence has been discovered to show
the sheep were not killed by his dog,
but by another animal. He asks
new trial.
Which Of two counties shall care for
two alleged neglected and dependent
children also Is a question to be de-
cided by the supreme court at the No.
vember term.
Nick and Barbarba Kamlitz are the
two children whose care has become
the responsibility Of the law.
McHenry county Is appealing the
judgment which District Court Judge
G. Crimson, handed down In favor Of
Pierce county, respondent In the &C.
ton.
To Hear Weeks Appeal
For the third time In five months,
the supreme court will have before 1t
the legal status Of state officer.
when j. j. Weeks appeal as tax COM
missioner from the upholding Of
removal order by Gov. Ole H. Olson Is
heard.
Olson's right to remove was upheld
by District Judge Fred Jansonius in
Burleigh county district court. Olson
removed Weeks. who refused to vacate
the office. Following the filing Of q
mandamus action in district court to
compel his vacating. Weeks brought
certiorari action, questioning the
right Of Olson to remove.
Four other cases have been set for
hearing on the November calendar.
They are Josephine Ignatowitch. re-
spondent. versus p. F. Mclaughlin,
the Montana-Dakota Power company,
and the Montana Dakota Utilities
company. appellants, from Stark coun-
ty district court; Elizabeth H. Ander-
son and Laura Anderson. respondents,
versus Northern and Dakota Trust
company and Charles q. Anderson,
appellants from Cass county district
court; A. w. Dunwell, G. w. Dunwell,
and M. D.. Brooks, appellants, versus
James Grady, H. G. Aamoth, M. G.
Simons, Security Trust Company Of
Fargo and Guaranty Trust Company
Of Fargo. respondents. from Barnes
county district court; Earl Clifford
Rumble, respondent, versus Northwest
ern National Life Insurance Company
Of Minneapolis, appellants from Het-
finger county district court.
The court Is not expected to con-
vene its November term until the Sec
ond week Of the month, hence no
dates have yet been set for any Of the
cases.
The November session will find the
court sitting for the first time In q
completed urt-chamber. Rostrums
and benches will be completely In
stalled by that time, ]. H. Newton,
court clerk, expected.