Att'y Brown Explains

The jury in the case of John S. Schaible vs. Robert Benz went out at 5 o'clock Friday afternoon and wrangled for over four hours on the value of the little building concerning which there was such a diversity of opinion of witnesses.

Finally they agreed upon $75 damages for the plaintiff, Mr. Schaible. There is a particular statute in such cases whereby if the plaintiff does not secure a judgment of $100 in the circuit court, the plaintiff is obliged to pay the defendant an attorney fee of $25 and all the witness fees. Therefore, when Mr. Schaible pays all costs besides his own attorney fees, there will he but little left of his $75 judgment.

"I wanted to commence the case in the justice court," explained Mr. Brown, "but my client felt sure that he could get big damages. I thought myself, the way the jury was acting, that they would give us $150 or $200j but it - I guess one or two of them must have seen the building. "

Later - Mr. Brown has looked up some law on the question and maintains that Mr. Schaible is entitled to $66 costs from Mr. Benz On the other hand, Cavanaugh & Wedemeyer hold to the position outlined above - that the plaintiff has to lose the costs. The question will be argued on Monday before Judge Kinne.