The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1889-01-18
SERVICE BY PUBLICATION.
N THE DISTRICT COURT FOR ALLEN

L HE IhlCI SOOhI Ioh hbLH.N
county Kansas:
j. A. Heath, plaintiff
8. A. Brown and F. E.
Parish, partners as 8.
A. Brown & Co., Il.
Marshall, Georgia J.
Amos and Anna II.
Amos, and Rachel A.
Haines, Defendants.
Petition to vacate and set aside the Referees
report and the Judgment Of the Court thereon
and for a new trial.
State of Kansas, to said defendants, 8. A:
Brown, +. +. Parish, E. Marshall and Rachel
A. Haines.
you, together with the other c o-defendants
above named, have been sued In the above en-
titled cause in the District Court In and for Al
len county, Kansas BY said above named PLAIN am
cember, 1888, filed his verified petition, sup
ported by anidavits, In said cause against you
In the Office of the clerk OF said Court during
the session thereof, the object, purpose and
prayer of said petition being to vacate and set
aside the referees report and the judgment OF
the court thereon, and for new trial, and FOR
| such other and further relief IS shall be deem
ed equitable, in the cause entitled IS. A..
Brown and E Parish, partners under the firm
name andstyle Of 3. A. Brown 4 Co., Pills, vs..
Anna r. Amos and Rachel A. Haines, defend
| ants, >" tried in accordance with an order or
reference, before q referee, j. d. McCleverty,
| in 1887, whose report In said cause was made
county, at. its March term, 1883. and upon
which report the said court entered judgment
thereon, at the same term.
The grounds set out In said petition so filed
/ by the plaintiff, j. A. Heath, and for reason Of
which he petitions the Court for vacating and
setting aside OF the referees report and the
| trial, and for such other and further relief as
| shall be deemed equitable and just, are AZ fol-
lows:
/ . ta md IA rofarpa nv the prevailing
parties, Georgia J. Amos and Anna K. Amos,
by their agent and attorney, George A. Amos,
and by George A. Amos, their agent and at
torney, and agen: and attorney for Rachel A.
Ind, For the misconduct OF the prevailing
parties, Georgia j Amos and Anna X. Amos,
and by George A. Amos, their agent and attor-
ney and agent and attorney for Rache! A.
Haines, and for the misconduct of Rachel A.
| Haines acting under the control and influence
and by the direction of the said George
Amos, her attorney and agent and for the mis-
/ conduct of E. Marshal; and for the misconduct
A. Brown and Par Ph. acting ~ s faa
the misconduct Of 7. w. Phelps, agent for the
said s. A. Brown and +. E. Parish partners as
3rd, For newly discovered evidence material
for the plaintiff herein, j: A. Heath, discover
| ed within 80 and 80 days last past and which
he could not with reasonable diligence have
discovered before, and which was discovered
| after the term at which the referees report
| was made and judgment entered thereon, and
| after the motion therein by plaintiff herein (de-
PENDANT therein) for setting aside the referee 9
| repors. for a new reference. and for a new
/ trial, and which said evidence he could not
| with reasonable diligence have discovered at
| or before that time
| 4th. For fraud practiced by the successful
| nartiss in obtaining the renort and Judgment,
on the part OF Seorgia j Amos and Anna r.
| Amos by their attorney and agent, George A.
Amos. and by George A. Amos, their attorney
and agent. and agent and attorney for Pachel
a. Haines and by Rachel A.
l Haines as an involuntary actor, I'M
der the control of and underline influence of the
| said George A, Amos, her attorney and agent
| and of s. a. Brown and r. T.. Parish, by their
| agent. T. W. Phelps. and by T. W. Phelps,