The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1897-05-12
WANTED NO APPEAL
ARGUMENT HEARD IN THE COURT
OF APPEALS YESTERDAY.
senator Milton Brown of Garden City
and Considerable Interest-It Was to
Set Aside appeal Taken From thu
District Court of Einney County BY ID
n. Ferry 3 Co., Well Known Seed Men
of Detroit, ,Iichigan-The Costs Along
Already Amount to $4,000.

In the court OF appeals yesterday ex-
Senator Milton Brown OF Garden City
argued a mos;on Of some importance
and coas.deraole Interest. L was a no
ton 70 ses aside an appeal taken from
Ihe district court Of FInney county by
D. u. Ferry & Co., the well known seed
men. or account OF the fact that they,
the said D. II. Ferry & Co, had made
an agreement which estops an appeal
l. appears from the statement Of parties
concerned that the farmers OF the irriga-
ton lands in Finney county raised .
large quantity Of squash, wetrnelon
and cucumber seeds for the firm of D.
". Ferry & CO. Il appears that there
was some alleged violation Of contract
On The part OF the seed company and
he farmers commenced suit under the
tile CT BaIiinger and others against d.
NJ Fefry & Co. The attorney for the
seed producers undertook a rather re-
Elark7hle and unusual proceeding. He
actually attached every grain and bean
Of seed belonging 70 D. NJ Ferry & Co.
IN every town and village IN the state
81 Kansas THIS was wonderful I'M
derraking and made a cost bill OF some
.hing like $1,000 The money owing this
company by merchants was also at
tached or garnisheed. This placed the
seef company in 4 deep and narrow hole
and in order 10 get out OF it they enter
cd into an agreement 20 the effect that
Il the plaintiffs released the seeds and
the money under attachment they. the
Defendants would give and did give a
bond 70 the effect that if the decision Of
the district court OF F'inney county
would be against them they would make
full settlement without appeal This 10
why the attorney for the seed raisers Is
attaching the company, claiming that
tae agreement in question estopped an
appeal
PROCEEDING IN DETAIL.
The Kansas court Of appeals, southern
department. central division. convened
n regular session at the court house at
10 o'clock yesterday morning: Pres
ent: Arthur W. Deanis0a, presiding
Judge; 3. F. Milton and Manford Schoon
over. associate judges; r. R. Hatfield,
bailiff; ". \. Ayers clerk. and ". W.
ayers, deputy clerk. The following for
80 attorneys were present: s R. Pc
1ers, Newton: 4. L Redden, Topeka; T.
L Davis and J. B. Cl0gston, Eureka; J.
G. Eutch.scn, Emporia: G. P. Altman.
FL Dorado; Q. J. Wood, Topeka; ]. E.
Elliott. Winfield; James Lawrence, Wei
Iington; Milton Brown and H F Ma
son, Garden City; Geo. ". Vickers and
W. ". Sloddy, Ava, 0. T; A. e Aus
tin. Topeka; J. Mack Love, Arkansas
City: George b. Creoker. Anthony; w
". Ready. Wellington and y. B. Car
casden. Kansas City.
The following proceedings were had
By the court:
2 ". Fox. Ell al vs.. the Harrison Ma
t.oaa1 bank; submitted.
A, T. & 5. F. R r. Co. VS.. John An
derson; submitted.
Edward Cooke. et al We. Francis
BlakeIy. 81 a.: submitted
Jesse Norman VS.. T. c. Anderson: con-
tiaued
First National hank Of Newton VS.. F.
I. Briggs; submitted.
A T. Sc : F. r r. Co. VS.. George
HeRbree: dismissed.
A. T. s. 5. z. r. r. Co. VS.. Solomon
Dorsert submitted.