The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1896-10-10
SUPREME COURT DECISIONS
One in Which P. P. Elder Wins a Suit
With the Santa Fe-


The supreme court this morning
handed down opinions in twelve cases.
In the case of W. T. Branch, assignee
of the Security Investment company of
Cawker City, against the American Ma
tiOna1 bank which was one in which
some of the creditors of the investment
company objected to certain fees and
charges allowed the assignee by the
district court. amounting to SS,354.39 on
the ground that they were excessive,
the supreme court sustained the judg-
ment of the district court, holding that
such an order was largely within the
discretion of the lower court and would
not be disturbed unless amounting to
clear abuse of that discretion.
In the case of the Santa F'e railroad
against p. p. Elder. administrator Of
the estate of E e. Fuller, which was
one growing out Of the wreck that oc-
Cured at Wakarusa in October, 1890
the judgment against the railroad was
affirmed. Fuller was a passenger on
the train and he was seriously injured
at the time of the wreck, afterWard
dying from the effects. Elder was ap-
pointed administrator of his estate and
recovered judgment against the com
pany fer $1,000
Fuller was the man who with the
help Of Rev Bernard Kelly, kicked
the door Of the wrecked coach open and
helped the passengers out. After they
We're all out ne first discovered that he
was injured.
In the case of Douglas against Wal
ker which is a tax deed case that was
appealed from the district court TO the
court Of appeals the court of appeals
partially reversed the decision or the
district court. The case was then
brought up to the supreme court and
the judgment of the court Of appeals
reversed and the judgment of the dis
trfct court affirmed The merits Of the
case involve technicalities Of the tax
law.
the following is list of cases de-
cided
BY MARTIN. G. ].
w E. L Patterson vs. HELEN A Pat
terson. error from Wyandotte county
affirmed.
ance Co. VS.. Thomas J. Payne, ct al,
error from Wyandotte county; revers-
A. t. & S. f. r. R co. VS.. F. P. Elder.
administrator error from Usage coun-
John c. Douglass ct al, vs.. A. D.
Walker, ct al, error from court of ap-
BY JOHNSTON. ].
w. T. Branch. assignee VS.. the Amer
lean National band ct al, error from
Mitchell county; affirmed
H A. Longweu, administrator, VS. L.
V Hardness, error from Greenwood
county: dismissed.
William scuHy vs.. J. H. Porter, error
from court Of appeals; reversed
BY ALLEN. J.
James McKinstry ct al, vs. Citizens
bank Of Wichita ct al, error from Sedg-
wick county; affirmed
c. X & w. Ry. VS.. D. c. Evans ct
al, error from Chase county; affirmed
John T. Deets VS.. the National bank
of Pittsburg, error from Crawford coun-
ty: affirmed.
Edward Marshall ct al. vs.. c. W
vandamark, error from Cloud county;
affirmed.
state vs.. Harold Pickering, appeal
from Geary county; reversed.
PER CURTAIN.
q A Sqr1ftes7 vs. s c Smith. error
from Cowley county; dismissed.
John stenens ct al. vs.. David E. Bur
ney, error from Wyandotte county; dis
missed.
Geo. B. Lopez ct al. vs.. H. F. Goode.
ct al, error from Sedgwick county, dis
Jarvis Conklin Mortgage Co. VS.. E. E.
Pollard. error from Harvey county;
dismissed.
John II. Silsby VS. the Bank of Leroy,
error from Corey county; dismissed.
Geo. h Evans ct al, vs. r. 3. Kepley,
error from Shawnee county; dismissed.
j. T. Hammond VS. A. H. Walkey ct
al, error from Miami county; dismiss
state Ex Rel vs.. C. P. Bolmar. origi-
nal proceeding in quo-warranto; dis
missed.
Massachusetts Mutual Life Insurance
Co. vs. James K Spangler, error from
Butler county; dismissed.
State Elk Rel VS.. G. S. Warner, origi-
nal proceeding in quO-warranto; dis
missed.
from Douglas county; dismissed.
City of Leavenworth vs.. Smith error
from LeavenWOrth county, certified to
court Of appeals.
Twenty More Headstonea
w. w. Dennison was notified today
by the authorities at Washington that
20 headstones for use on graves OF