The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1897-05-14
ADDITIONAL LOCAL MATTERS
APPELLATE COURT
Important Case Is~oiviug the Question OF
Attorneys' Fec

Attorney fees.
Yesterdays session OF The appellate
cou-. was OF more than ordinary inter
est and some important cases were dis
posed OF.
Co. vs. David Emmerson. a novel ques-
ton was ably discussed by NJ. G.. VA
IIusd OF Abilene and Mr.. p p. Kelly OF
Eureka II has been the custom N
many cases % take a judgment against
the railroad company for damages and
for IN attorney fee fxsi by the jury uri-
Ter the sta-1te os the state. l. was DIS
closed by the discussion thai the sss =
ute provides for an attorney fee 20 be
taxed up against the railroad comps ny
II the judgment; shall be against K ou.
does not provide for one 70 be taxed IN
its favor IL TIE company should be sue
cssstul. Our own supreme court has
held that in certain cases This may be
done. holding that such attorney fee Is
in the nature o: a penalty where dam
ages occur by reason 90 the company
falling 70 comply with some provision
OF the statute. such as building fence
70 prevent stock from getting on the
road. but the statute makes prov isgon
for the recovery Of the attorney in cases
OF negligence by which fires Occur and
other damages may arise, and IN -aese
cases Il was coatended by Mr. Hu-d TIA,
The statute was contrary 10 the conf5ti-
tuition OF the United states and the KIN
sas bill OF rizhs, because IL makes Dis
elimination as 20 the rights oc the par
ties and imposes an obligation ard duty
an ore class os persons that I; does not
on another class And he cited justice
Brsyer's decision lately handed bDs1
in the supreme court OF the United
Safes sustaining his posttion- Mr- KEEL
Iy made a strong presentation OF his
case. bue was evidently talking up
against the stone wall os the supreme
court OF the United States
The following cases were disposed OF
by the court:
eos. Martha A. Carter rs. Mary L Car
ter: submitted.
zoe. J. W. McNsaI "a s 3. Hunt: sub
United.
.r,. ]. II. Allen vs. ". l. Brown: sub
mi:tsd.
20. 81. Louis AMI San Francisco Rail
rosi company va c B. Ludlan'
submitted.
III. Martha Carter W. L. S,ror. et al:
submitted.
r3. II. F. Hatch. receiver. "a c. $.
Smith; submitted
r5. Pleasant Grove Township Va A. T.
Wier: dismissed
rs. windsor Town Co. vs. c. Ferguson:
.i,sr1issed-
-. Wellington water WORKS W. J. q
Brown: submitted
rs. \. T. 4 s. ?. r P CO. vs DAVID
Eurns-so1: Submitted
80. Citizens Bank o, Kinz-s, "a L
ct. CO. 2 A. Munch. substituted
az plaintiff n error.
ss7. ". :. Marin. assignee a. A. 2
Teichzraeosr. order making new
parties
-. Barbara A. McCslls W z. r Pow
ell: submitted on no-io1.
IS. Mutual Beneh: LIE Insurance CON- !
pany - Samuel Sackss.. - a.; |
dismissed and opiaion rendered !
i7s. Fred Smith ~ z. r Powell: 7sss- |
ton . -easar denied
80. c. Aultnaa & Co 80. r A. Hun 4
ph-sy: u71soa % advance ovs-ruisf /
SIS. City O. Ernpo-ia vs. Fred Hazsie-,. 4
continued . Or:oozr-
5s3. A : Raymond vs. L. .. Morris:
reversed and rs-1antsf-
SO. Eden Kssfa q Co. go n J. Coz. 1
- al. tisnsssei
ssr. ". F-s5be-x va 2 n Mud: TO
ton . essniu withdrawn
SCI. 2 TIicksnre< Va R7o>r- xcc-v-s:
dismissed
"a Justin Eoiies.s- - Bozrt CoU1ty
C5rr isssozszx. Nzilssz H&istsr
made Yz&inttH-
IT. Joh- RAo-sss - CARES e F51ser:
sIozis:st On 1sotsc7
IL. ". Q Nils ~ Gsc-Es " Ft-ks-s
e a.. r~sn<-z.ef szs rscssTst- .
9. II. Hur1 q Aszssas. " r c7rSy
.. C,ss-szs. II Bone q Asriazc- J.
. s.z-lsy % vv1-eest sn3 Gso~xa u
Croker &C An-ac-y were 2rs<s7t from
s5-azs- a very snss-@s.l1s t-s-1ss-os
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