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TOWN SHOULD BE ; PARTY TO SUIT. !B.ey Case Takes Mew Turn— , City Don't Want to Wtx 45T Now,to_ IThat the town of Rapids and not the ( City is interested in the prosecution of , Jacob Urey, Jr., to compel him to support his aged father, was a contention raised by the City when a hear ini; was hold in probate court upon Urey's petition to modify the court’s order and reduce the payments which he Is required to make monthly. Judge Kirwan in ruling issued an order compelling Urey to pay $10 {ier month and pay $35 back payments due. Urey now wants the monthly payment reduced and as a result of the proceedings appears to have escaped any payment whatever, for the lime being He has paijl the $35.When the Co.se was called City Atty. liougen argued that the City of Manitowoc had no interest in the case and tuktd that the Court substitute the town of Rapids, maintaining that Urey, Sr., by reason of having made his home with bis son for a year at Rapids, had gained a residence in that town and the town Is responsible for his support and if action was ■ taken against the son, the town must be the one to proceed. Judge Chlou pek, however, intimated that the Court was not the guardian of the town of Rapids and could not say that the town wanted to sue Urey, Jr., for support of his father and that he would deny the' City’s motion.City Atty. Hougen was told by the Court to prepare hi® papers for an appeal if he desired. With the City \ withdrawn from the case the action aginst Urey, Jr., is dropped and the court's order compelling him to pay $10 per month is not forced. The town of Rapids, it is claimed by the City, must provide for Urey and must act against the son if it desires to force him t» pay but on til the town takes action, Brey i» freed of the order. Should Brey, Sr.. ask aid of the City It would be given and the town of Rapids would be held liable for the amount, and in event of «*ou-testing the claim, the question as to Brey’s residence would enter Into the case.Brey Jr., was sued by the city more than a year ago when aid was given bis father but the case was dropped when the son agreed to pay $10 monthly to his futher’s support. Later beneglected payments and the City sued to eoileot and Judge Chloupek issuedan order and later I rey was held in contempt for nut obeying the order to pay $10 per month. On appeal by Brey Judge Kirwan upheld the decision and Brey ouid $35 back paymentsand now asks a modification of theorder to reduce th« monthly amount. Brey, Sr., is said to have giv«n his : son a farm and wu« given a bond of i maintenance but declares be couldn’t live with hie son’s family and came to the city and later applied for aid, which led to the troubln. It Is said IJrey, Jr. rannot recover the $36 because he paIcJ it without protest.
Newspaper Details
Manitowoc Daily Herald
Manitowoc, Wisconsin, US
Sat, Mar 13, 1909
Page 3
Full Page
Clipped by
Anonymous
WI, USA 02 Feb 2020
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