The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-07-30
LAST DAY OF COURT.
District Court Closes Today Until
Next September.
SEVERAL IMPORTANT CASES
Acted On-InJunctIOn6=r antedASadns
VI Il. LOwe-Other Cases.

Acted On-IBJunct1OnGsra ntedAsaan
NJ 4 A1Owe-Ofher Cases
The district court adjourned this noon
until the beginning of the September
term, with the exception OF two sessions
that Will be held in the meantime. On
Friday, August 10th, several cases will
be tried that have been especially set for
that day. one of which is the city scav-
enger Injunction Friday the first will
also be a general motion day instead Of
the first day of the September term,
which falls on Labor day
In the meantime Judge Hazen will try
to take some rest
A Temporary Injunction.
Judge Hazen granted temporary in
junction today preventing M E Lowe
from doing any scavenger work In To-
peka- The permanent mi junction will be
argued August 10 1t was asked for by
T. W. Durham, the city Ecavenger- Dur
ham claims that under ordinance No.
IT'S, lately passed by the council, he as
the city scavenger. is the exclusive one
with authority to do scavenger work IN
Topeka, and that loves continued work
in that line Is an encrOachment IN his eX-
elusive business
Councilman Bradford, his attorney,
and Durham's bOndsmen for costs, are
CITY Physician Hibben and Harry Ad-
ans, the mayors law partner. The case
will devolve wholly on the legality of the
ordinance, and the right of the city to
create a monopoly. S. B. Isenhart will
fight the ordinance.
Court Decisions.
Judge Hazen denied a writ of habeas
corpus to Patrick McEntee to release
him from the asylum today. The writ
was denied, however, because it wasn't
needed McEntee was released from
I'll ha 7earar a7f of
the suit.
The Womack bicycle cases were de-
cided today. Judge Hazen awarded
Ames & Frost the proceeds from the sale
Of the Imperial wheels, and the Sim
mOnds Hardware company the proceeds
from the wheels. The case was over the
stock of the bankrupt Womack bicycle
concern.
A motion for a new trial in the case of
Crum against The New Hampshire Fire
Insurance company. case from Usage
county was granted today on the ground
that the Jury in the former trial disre-
garded its instructions. Mr. Crum is
suing for 100 insurance alleged to be
due from fire damage to his mill.
A motion for a new trial WAS sustain
ed in the case of Sewers vs.. Giles. The
case involved 81 acres Of land south of
town.
l. T. Youut sued.
William A. Beach of Wabaunsee coun-
ty, began a suit in the district court to-
dav to recover the amount of a promis-
sorry note from 1t. Yount, w. A. YOunt
and A. II. Town. The note was made in
April, 1889, in favor Of the plaintiff for
1920. payable in nine months with inter
est at 16 per cent after maturity The
petition says that only $24O has been
paid and asks judgment for the remain
ing $3.50 and interest
TiIIotson in Lawrence.
City Attorney d. c. Tillotson went to
Lawrence today for two purposes. He
will waive his preliminary hearing in
the Justice court on the charge of crimi-
Douglas county district court. But this
probable that Judge Benson will pass on
the motion of the city Of Topeka for a
new trial in the Decker, Mullins & Berry
case. This motion has been under adj
visement for ten days.
5. B. Isenhart, MIR. TillOtsOn's associate
in the case. saws that while the motion
for new trial Will probably be over
ruled. Judge Benson is liable to knock
off s21 900 of the jury's verdict If this
is done it will be the clause of the
statutes which provides that the city
shall not be responsible to the contractors
in any sum above the contract price of
the work. In this case the contract
price was 1921 900, of which about $751;
500 IS admitted to have been paid. Thus
it viii be seen that the jury's verdict of
$73, 800 against the city exceeds the con-
tract price by about $21 900