Show TRANSITIVE VERB LOSES HIS CASE BURLINGTON K Kan Judge n.-Judge Judge Meckel of the Coffey county district court has decided decIded decided de de- de- de a case which Is of Interest to every county In Kansas It was a friendly test suit brought by Sheriff C. C J. J Garrett to te recover from the county fees fee claimed for attendance upon the probate court every day that court was In ses- ses ses session es- es sion The custom has been for the sheriff sherif to draw pay only for the days he ac actually actually so- so attended that court but he and his attorney interpreted the statute to say that hat he was to receive recel a day for each day the court was In session Websters Webster's dictionary was an important factor iri In the case the county attorney using It to show the difference In the meaning of or attending court and attending at attending at- at tending upon court According to tov v Webster Web Web- ebster eb eb- ebster ster attending upon Is an Intransitive verb and Is used in the sense of ot being in waiting in readiness etc while attending attending at attending at tending court Is a transitive verb andIs and andIs Is used to mean being actually present The statute provides that the sheriff shall be In attendance upon the probate court whenever It is in session and that he shall receive per day for tor attending court The court held that the sheriff was entitled en en- en entitled titled to fees tees for services In attending court but not for the days he was not called e upon Mr Garrett a moved ed for a anew anew 1 uFe ro Nr new trial rl but t It was a overruled |