The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1896-01-08

Consented TO Lay Aside Their Books,
Briefs and Petitions This Evening and
Meet Other Members of the Bar as
Guests of Judge Wall.
This is court week in Wichita and as
a consequence the attorneys and court
officers are all busy.
Yesterday the appellate court of the
central division of the southern depart
ment convened in their court room at
the court house, with Pre.lding Judge
Johnson in the chair, and Associate
Justice a. ". Dennison and Elrick c..
Cole present. r. r. Hatfield acted as
court bailiff and made the cry annOun-
cling that the court was now ready for
business and the clerk, Victor Murdoch
and mis- assistants brought forth the
papers filed during vacation.
Among the prominent attorneys pres
emit from a distance were noticed Col
onel Forney, E. A. Parker, James Law
renee and J. S. Day of Sumner county;
William Hook of Leavenworth county;
A. l. Green Harvey county; Judge Red
mond of Butler county; Charles Will
hanson Of Reno county and Judge Reed
of Wilson county
The following business was transact
ed during the day:
King-nan & Co. VS.. T. A. Carter was
dismissed at the cost Of the plaintiff 5
in error.
1. r. White vs.. J. r. Brown was sub
mibted to the court on briefs by both
the plaintiff and defendant.
True Richardson VS.. The Great West
ern Manufacturing Co. was argued or
ally by Hooker & Parker for the plain
tiff in error and by James Lawrence
for the defendant and then submitted
10 the court together with the printed
briefs.
Judge Wall and Beardsley & Gregor
of Kansas City submitted very impOT-
tant case, growing out Of the defalca-
ton of George Boyd who was loan
agent here few years ago. Jesse Bales
OF AndOVer paid off a mortgage of $500
to Boyd on his farm. The holder of the
mortgage brought suit in Butler coun-
ty and Judge Wall appeared for Bales
and defeated the mortgag e; the case
was heard on the appeal of the mort
gage company and submitted to the
court of appeals. Judge Wall thinks a
man does well when ne once pays a
mortgage. The question is whether
Boyd was the agent of the loan COM
pany to uhe extent Of his authority and
a decision adverse to farmer Bales will
take his farm as the accumulated in
terest about equals the principal.
The case of Sarah NJ. Redwood. ad-
miniStgaitTiX VS.. II. y. Johnson, cuSto-
dian, was continued TO the next term.
In the case Of the State VS. ". f. Hook
an order was made granting a stay of
proceedings in the district court of Re
no county until such time as the court
can hear and determine the issues
raised
The same order was made in the case
of the State vs.. Charles Bennett in the
same district court.
In the case of J. W. Dod5on ct al.
VS.. Frederick Shaup. the issues were
submitted to the court upon the brief
of the plaintiff in error.
In the case of w. II. Carter VS.. z. A.
Kinniel ct al. the case was dismissed
at the cost of the plaintiff in error.
The briefs of both the plaintiff and
defendant in error were submitted to
the court in the case of Frick & Co.
vs.. w. G.. Carson.
The same entry was made in the case
of Frank Wood, trustee, vs.. W. W. Dill
ct al. but motion to advance the case
was overruled.
The motion ITO advance the case Of
Henry Ashley ct al. VS.. Madison Fran
ces was overruled by the court.
The case Of the c. G.. Lamed Mercan-
tile company vs.. The o. II. and G..
Railway company was continued until
next term.
The case Of the greatest local interest
ds the one OF the State vs.. VIII Schnitz-
Ter and T. A. Robertson, who appealed
from the decision of Judge Reed, was
continued until Thursday.
The judges declare they are in Wich-
tia for business. but they kindly con-
scented TO meet this evening around the
festive board of Judge Wall where for
a time they will forget the knotty prob
lens brought before them for solution
by the members of the bar.