Show DININNY CHARGES HARGES OF fAITH Accuses James Ingebretsen of Failure to Keep an Agreement ASKS COURTS INDULGENCE ASSISTANT CITY ATTORNEY TORNEY A BE BEING BEING ING INC WORKED TO DEATH DEATHA A remarkable able affidavit charging James Ingebretsen an attorney with unprofessional unprofessional conduct and himself hl ef with inadvertence inadvertence Inadvertence tence and excusable neglect was filed yesterday by II 11 J Dininny assistant city attorney and American candidate for tor city attorney attorneys In the district court The affidavit is to be the basis of a motion to permit the city to file tile a bill of exceptions exceptIons In the case of ot George L Herndo in hI which Judgment was entered against the city for tor 1415 by a jury jur before Judge Ritchie Feb 8 last A motion for a new trial has lia since been overruled The bill i of If exceptions is for the purpose of ap appealing I pealing to the supreme court says that on June 13 Hi after atter the I motion for tor a new trial had been denied he served upon Ingebretsen the proposed bill of ot exceptions and asked him If It he had bad no amendments to offer otter to sign a stipulation to the effect that the bill was satisfactory Soon afterwards Dininny railed called at office to secure the bill and amI was informed by h the clerk that he was out of ot town Time passed and Dininny met Ingebretsen on the street was informed that the latter latler would sign f the bill as proposed and bring it to the th city attorneys office Ingebretsen did pot not do this and on Oct 19 ID Dininny called at his office and discovered that the only stipulation signed was one which Mated that the tho plaintiffs had no amend amendments ments to make and that the exhibits re referred referred to tOI In the bill might be treated as a apart apart apart part of or it Faith Jolted This Thi according to the assistant city at attorney attorney attorney torney was not according to the original I agreement and aid upon this point he says sas That deponent had no idea or thought until said time that said attorney had not signed tho the stipulation at the end of ot said Nil 1111 or that he would repudiate his agree agreement melt ment to do so that in deponents expert erce of sixteen I years practising law la in inthis inthis Inthis this city he has signed many stipulations like the one at the end of oC said bill and has had many man signed by opposing counsel and never before has deponent known of or oraa It Itan an aa attorney att om e refusing to sign one or to repudiate his verbal erbal agreement to do so In fact It Is customary among lawyers laWers ut the bar to make such stipulations when no amendments are to be proposed to a bill till and It is considered among lawyers at the bar a proper and courteous thing to do doIt doIt doIt It is further alleged that the ninety days da from the denial or of the new trial In which It was required that the bill or of be prepared settled signed and fil l in order to appeal to the supreme court Aug 19 1907 and that failure to get the bill from the plaintiffs i attorney in due time was owing to hi hl mistake inadvertence and excusable neg lect Dininny Worked to Death The mistake was in relying on the agree agreement agreement agreement ment of ot Ingebretsen Ingebretse to sign the tion lion and return It to tJ t him and the mad inadvertence and excusable neglect are laid to the fact tact that he has been overworked The affidavit then goes on to give some rather interesting data as to the conduct of the city attorneys office and Inci mci dentally It is stated by b Dininny that h he i has nas to work so hard for the city that oP e has had very ver little time to give to his private practice He gives in detail all ail his duties for Cor th city cit tells how he has to do all the routine and court work of the office and In addi lion tion advise city officers attend the coun cil meetings and draw ordinances and to say sa nothing of or drawing his pa His duties have been s so 10 o exacting that he has not be ben been n able to take a vacation this year jear ear and from froni Aug 6 to 19 the tue sten in his office otrice was away awa and his work vork was thus greatly increased i Dininny closes by saying that because of this multitude of duties he neglected to ILen enter on his record rd book the date when the time for filing the bill expired and tor for that reason failed tailed to remember It ft Herndon sued for 5 for tor Injuries re by reason of being thrown from his buggy bU gy because of the defective detective condi tion of ot a street aa |