The Niemuth
Family - Newspaper Articles
-- Otto August
Frank Niemuth --
- CASE OF INTEREST TO CATTLE
RAISERS NOW BEFORE COURT
Test Action to Be Heard by Judge Spengler Deals With Contract
for Sale of Medicine
- Farmers throughout the state have
an interest in the result of an appeal in municipal court which
brings
- before Judge Spengler an important
question in a test case.
- T. E. Crawford, Winona, Minn., doing
business as the Crawford company, seeks to collect from Otto
- Niemuth, Zittau farmer, under terms
of a contract for sale of an alleged remedy for abortion in cows.
- The contract with Niemuth is but
one of numerous agreements of like nature. Crawford secured judgment
- for a part of his claim in just
court before N. P. Christensen, and appeal was taken to municipal
court.
- Frank B. Keefe, appearing for Niemuth,
asserted this morning that the action is an attempt to "collect
- money from a farmer who has been
swindled." Floyd D. Atherton, attorney for the plaintiff,
made violent objection to this remark, but Mr. Keefe countered
by reading from the justice court record testimony in which it
was alleged it had been represented the medicine would cure abortion.
-
- IS BEING REHEARD.
- The action is being reheard on the
record as made in justice court, but points of law involved,
not brought
- before the justice, are being laid
before Judge Spengler.
- Mr. Keefe read from the record testimony
of George C. Hill, veterinarian, to the effect that abortion
is
- not curable, declaring that is the
only expert testimony which has been offered on the point.
- He further called attention to the
fact that Dr. Hill said he was basing his statement on the only
accepted
- scientific theories.
- Another major defense point rests
on a legislative enactment of 1929, which makes possession for
sale of
- any abortion cure a criminal offense,
and containing a legislative declaration that no cure exists.
- Mr. Atherton maintained that this
statue cannot be made retroactive and that if it is retroactive
it is
- unconstitutional. The contract involved
in this case was entered into in 1927.
-
- QUOTES DECEISIONS.
- Defense counsel, on the other hand,
quoted supreme court decisions to uphold his contention that
a
- previous contract can be invalidated
if the legislation is for the "common weal."
- Mr. Keefe declared the state has
a right to exercise police power to prevent anything detrimental
to the
- public interest, and asserted this
act, even though contracts are affected, was necessary for the
general good of the public.
- Numerous other points in connection
with the case were argued pro and con by the attorneys, but the
- main feature of general interest
revolves about the argument entailing the 1929 state legislatve
declaration.
- Judge Spengler granted Mr. Atherton
five days in which to prepare a brief answering propositions
- submitted by Mr. Keefe, and counsel
for the defendant will then have five days in which to make a
final reply.
-
- [Source: The (Oshkosh) Daily
Northwestern, Friday evening, November 13, 1931, p. 14, col.
3-5]
- Legal Notices
ORDER AND NOTICE FOR HEARING FINAL ACCOUNT
- STATE of Wisconsin, Winnebago County
Court, in Probate.
- In the Matter of the Estate of Otto
A. Niemuth, a/k/a Otto Niemuth, Deceased.
- On the application of the executor
of the estate of Otto A. Niemuth, a/k/a Otto Niemuth, deceased,
late of
- the Town of Wolf River, Winnebago
County, Wisconsin, for the allowance and adjustment of his account,
for the allowance of debts or claims paid without filing, for
the determination of who are the heirs of the deceased, for the
determination of the inheritance tax, for the assignment of the
residue of the estate, and the adjudication of the termination
of joint tenancy or life estate, if any,
- It is Ordered:
- That the application be heard and
determined at a term of the Court, to be held in and for the
County of
- Winnebago, at the Court House, in
the City of Oshkosh, on the 11th day of June, 1963, at the opening
of Court on that day, or as soon thereafter as the matter can
be heard;
- Dated May 9, 1963. By the Court,
Herbert J. Mueller, County Judge; Wm. R. Kuester, Clintonville,
- Wis., Attorney. Pub. May 10-17-24.
-
- [Source: Oshkosh Northwestern,
Friday, May 10, 1962, p. 25, col. 2]
- [Source: Oshkosh Northwetsern,
Friday, May 17, 1962]
- [Source: Oshkosh Northwestern,
Friday, May 24, 1963, p. 22, col. 5]
-
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