The Leavenworth weekly times. [volume] (Leavenworth, Kan.) 1870-1880, 1876-10-26

fITst DAstilCt, -.
Leavenworth Cooniy,
Tie State g Kansas 10 lie !&aig Of Lauren
roth County, IN said .State-G Greeting:
You are hereby commanded to notify
Robert L. Hall, George T. Anthony, and
Isaac W. Swan, lale partners by the name
OF Hill, Anthony 4 Co, that they have
been sued by Arthur Hughes, Samuel F.
Lester, and John NJ. Hughes, partner. by
the name Of Hughes & Lester, in the Dis
trict Court, sitting in and Tor said Coun-
try Of LeayenwOrih. and that unless they
answer by the .ih day Of October, A. d.,
1861, the petition Of the said Hughes Il
Lester against them, filed in the Clerks
Office ci said Court, such petition will he
taken as true, and judgment rendered &C
cordingiy.
You will make due return OF this sum.
mons on HE 18th day OF September, A. d.,
1867.
Witness my hand, and the seal of said
Court, afhNel at my Office. in the City of
Leavenworth, this 9TH day Of September,
4. d., 1876. HENRY CAREY, Clerk
BY CHARLES CrgRIER, Deputy Clerk.
Seal
Suit brought for the recovery of money :;
amount claimed $4,000, with intecest from
| the lst day of November, 1861, at the rate
Of per cent. per annnm, being for proce,les
OF property, sold by defendants Tor plaintiffs,
the possession Of which was Obtained by
defendants hy fraud, and the proceeds APP
Propria,ed 10 their own u-e.
II. GRIswOLD,
| Attorney Tor Plaintiffs.
Received this summons September 9, A.
| ID. 1867, at 10 O'Clock A. NJ q, and served the
same on the within named George T Antho-
| ny by delivering TO him personally true
copy thereof September IA, A. d., 1867, the
other within named defendant am unable
| 10 find in my county upon who to make
thi. service. JOHN MCKEE, Sheriff.
BY GEORGE DESANNo, Deputy.
STATE OF KANSAS,
Leavenwo:th County,
in the Distric: Court sitting in and for
the County Of LeavenwOrth.
Hughes * Lester Va Hill, Anthony 4 Co.
And now comes the said defendant
George T Anthony, and for his separate
answer TO the Petition of the plaintiffs here
in filled denies each and every allegation
in said petition contained, and each and ev-
cry part thereof.
And for further answer to the said pc
tition the said defendant says the said sup
posed cause of action arose beyond the linn
its OF this State tOwit : in the State of New
York, and more than two years before the
| commencement Of this suit, and that this
| defendant has been an actual bona fide res
| ident OF the State of Kansas for more than
three yerrs, last past and said defendant
further alleges that said supposed cause of
| action arose beyond the limits of this State,
to-wit: in tie State Of New York and
more than three years before the commence
ment OF this action, and that during all of
said time said defendant has been q bona
fide, actual resident of the State of Kansas,
wherefore said defendant prays Judgment
for his costs. THos. p. FERLoN,
Attorney for Defendant.
Answer Of George T Anthony, filed Oct.
81, 1861.
The STATE OF KANSAS,
Leavenworth County,
In the District Court.
Arthur Hughes ct al vs. Hill, Anthony 4
Co. Reply.
| The plaintiffs, in reply to the answer of
l NN'SAuohe, oCoASC L hutuOny, lieu neIel0.
and says said Anthony had not been, for the
period OF two years, previous to the time of
the commencement of this action, q resident
of the State OF Kansas.
! The plaintiffs also say that at the time of
| the commencement OF this action the said
6eorge ISAnthony had not been for the
period OF three years resident of the State
of Kansas
The plaintiffs further say that during all
the time, from the time when the cause of
action In the petition stated accrued until
the first day of October, 1865, the said vas
citizen and resident OF the State of New
York.
II. GRIswoLD,
Attorney for Plaintiffs
STATE CT KANSAS,
Leavenworth Co.
In the District Court for the First Judicial
District
Arthur Hughes, Samuel + Lester and John
NJ Hughes, against Robert l. Hill, Geo
I Anthony and Isaac W Swan.
h is hereby stipulated between the attor.
ney for the plaintiff and the attorney for the
defendant, George T. Anthony, that the de-
iendaut Anthony will, and he hereby does
withdraw his answer and defense in this &C.
ton, except as TO the statute of limita-
tons, and as TO that, that upon the trial the
parties will admit That the cause of action
upon which said action was brought, arose
in the State of New York, on November LIST.
1861. That this action was commenced on
September 18th, 1867. That said ANTHONY
first came into and frat commenced residing
in the State of Kansas in the latter part Of
October, in 1865, and less than two years
before this action was COMMENCED, and there.
upon submit to the Court the single aues-
! ion whether the action il barred by the
Statutes of Limitations. II the Court de-
cides that it is not, then the plaintiffs to
recover Judgment for the amount claimed
in their petition. II. GRIswOLD,
Attorney for Plaintiffs.
THOs. T. FfNLoN,
Attorney for GEORGE T. ANTHONY.
Deposition Of Isaac n Halliday, a wit
ness produced, sworn and examined the
thirteenth day of May, in the year 1865, at
my office, Ne. IL Park Row, in the city of
New York, in the State of New York, under
and by virtue 81 a commission issued ont
of the District Court of the First Judicial
District of the State Of Kansas, sitting IN
and for LeavenwOrth county, in a certain |
action therein depending and at issue be- |
tween Arthur Hughes, Samuel F. Lester
and John NJ Hughes, partners by the name |
of Hughes & Lester, plaintiff, and Robert |
l. Hill, Geo I Anthony and Isaac w Swan. |
partners by the name Of Hill, Anthony 4 |
Co., defendants.
IsaaS \ Halliday, being by me duly and
publicly sworn to testify to the truth, the /
whole truth, and nothing but the truth.
pursuant to the directions md instructions |
said commission, doth de-
pose and say as follows in answer TO the
lirst interrogatory. He saith:
4. / now reside in the city Of and State
Of New York. My age is forty.three years;
my present business is the commission busi.
ness; / am a commission merchant.
In answer to the second interrogatory the
aid witness says: In the year 1861 1 re-
'ided in the said city of New York; in that
rear was clerk in a commission house
,efore l went into the employment of Hill,
Anthony 4 Co. / was in their employment
's clerk and travelling agent from about
April LIST to November let. The remainder
Il the year was in no business
In answer to the third interrogatory, wit
less says: went into the employment of
Hill, Anthony & Co about the first Of April, !
SCI, as near as can now state the time.
nd continued therein about seven months
that is to say, until about the first of No
ember, 1861.
In answer 10 the fourth interrogatory the I
1itneSs says: do know who composed I
he partnership or firm Of Hill, Anthony & {
o; Robert Hill, George T Anthony and '
saac W Swan composed it Said firm did q
usiness in the city Of New York, in the
tate Of New York !; their business vas i