Show A STUBBORN CASE Impounding of Catle Cattle Causes Legal egal Contest Which May Reach Supreme Court I Te The fac fact that some cows of oC Henry Lr Lar sen or of broke into the field eld or of Peter Agren or of that place lat last JUly and damaged the crops to the amount ot of 5 I 1 Is for a a hoty hotly contested case 1 in the Hie dIstrIct court for the past two days das 1 and the same wl will likely be fought out In the supreme court Laren Lames and Agren are neighbors and when about fifteen ot of I catt cattle got Into field the later latter put the stock In the e pound and had the damages appraised at 5 I Agren refused to pay for the damage and I demanded his stock stock They we wee m in the I custody of William H Lowder Loder the con constable I stable and when the officer refused to delver deliver them Larsen sued for them and I made the constable a party part to th the action I acton He secured the stock on putting up a bond and the case then came on for trial In the district court Attorney T D I Johnson represented resented the owner of the catte Cattle ad and N J Harris the defendant defendants point In the case was contested as though thousands of dollars were In Involved Attorney Johnson attacked the constitutionality ot of the law under which the catte cattle were Impounded on the gro ground nd that i It was taking possession of property without due process or of law After long argument arguments and the ot or numerous authorities the judge ruled that the stock w was taken legally legaU but that the apprise appraise appraisement ment certificate the 5 assessing damages I was defective and it wa was thrown out However the jud judge e ruled that the de defendants defendants might hold the cattle under the common law and the case went on After beIng being submitted to the jur jury te the juror jurors ater after a discussion of oC some time came Into court wIth a request for In information formation when the animals were first firstin t tIn In distraint Judge answered red that the queston question in this case was as one that the jury must determine He gave gae a definition or of the word condition of control assumed and exer exercIsed exercised Shortly afterward the jur jury brought brough l lin in a a verdict in tavor favor ot of the ot of the stock No cause of acton action TE The case I wl will probably go to the supreme court court |