Show DESIGNED TO CATCH COMING AND GOING The second trial of Constable Benjamin Benjamin Ben- Ben jamin Haddocks Haddock's suit against the city for or serving summonses In poll tax caSes case's cases wall called called before Judge Morse 1 and a aury jury ury this morning thorning It Is agreed in the thease case ase that if there is anything due to Haddock the amount is but the city ity contends that it owes him noth- noth Ing ng Haddock simply alleges tHat he served the summonses and that he has not been paid for the work while the city ity has an answer In the case which is designed to catch Mr Haddock both going and coming The answer sets out that an agreement agreement agree agree- ment meat was entered into b by Street Supervisor Su Su- Su Sedden and Haddock by which Haddock Avas to be paid for serving serving ing ng the summonses only In cases where the he city recovered from the defendant It t is then alleged that Haddock was vas paid in all cases where collection was mad by the city and that no were made in the cases sued upon by lv Haddock But this is not all After alleging that Ahat that Haddock was' was paid according to th the contract and is therefore entitled to nothing in addition It is set up that the contract is void as against public policy being an agreement for the payment of fees different from that provided by the statute and that Haddock Haddock Had Had- dock is not entitled to recover on a quantum meruit or otherwise Upon the first trial of the case a verdict verdict ver ver- dict duct was returned in favor of Haddock and the city appealed to the Supreme court where the judgment was reversed re re re- re versed The reversal was upon the ground that the lower court erred in innot innot innot not permitting the city to amend its answer at the former trial and plead d the contract which is now set up On th the present hearing H. H A. A Smith appears for Haddock and City Attorney Attorney ney Nye Iye ye for the city |