The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1897-01-14
THEY DIE WAITING
PONDEROUs SL0WNEsS OF The Law
IN SOME CASES.
Kansas Court Of Appeals has Much Busi-
ness to Dispose of-Mauy of Them When
They Come to . Fina; Hearing Find no
One on Hand to Plead Their Petitions
In One Instance the Cash 10 Between
Two Eastern Wholesale Dry Goods Es-
tablishments-Whatt the Court Did With
the Case-Other Cours Affairs.

Several instances of the claws delay"
| came up in the Kansas court of appeals
yesterday. In four Of the ten cases on
the docket for the day there was no ap-
pearsnce Whatever, and they were dis
| missed by the court. These cases were
Tcotle. Hosea & Co. VS.. A. B. Johnson,
| Ike Elder VS.. The Citizens Bank Of New
ton, John a. Carlisle VS.. Mary Crawford,
and ]. W. Dennison VS.. David Lee.
These cases are very old ones. They
were filed in the supreme court Of Kan
saS early in the present decade The par
| ties interested in them have some OF them
died and are beyond the reach OF irritat-
ing litigation; some of them moved away
to a blissful forgetfuiness that they were
ever in court; some of them have long
since given up a Jarndyce pursuit Of
| judgments or else have compromised out
of court long ago.
A fair sample of the subject matter n
these cases is found in the first, TootIe,
Hosea & Co. VS.. Johnson"
Several years ago the Matlack Dry
Goods company held forth in Arkansas
City. 1t did a wholesale and retail bust
ness, after the manner of similar boom
enterprises-by buying goods on credit
! A day of reckoning came for the Matiack
company. A B. Johnson, as agent Of the
Chicago Dry Goods establishment OF
John V. Farwell & Co., authorized by
chattel mortgage, swooped down on the
stock and took possession.
Tootle, Hosea & Co, wholesale house
at st. Joseph, also had been blowing into
the ragged sails of the Arkansas City
concern This blower suddenly stopped
and rushed into the store in the person Of
the sheriff with demand for the imme-
date return of several thousand yards OF
calico. Bingham and shifting prints which
the Matlack Dry Goods copany had
promised to pay 1915 for.
The sheriff did not get the goods. The
sheriff served his papers but, as he says
in his able return, when he demanded
1.-The goods enumerated herein" he fall
ed TO produce, point out to me or deliver
TO me said goods Johnson, the Farwel
representative afterward denied that ne
cid anything of the kind. When the mat
ter came into court the first time Farwell
did not appear and Tootle, Hosea G. Co.
got judgment for their money. This
was pushing the Farwells, and they at
once got into court with a motion for
new trial. They also set forth in affida-
Wits that the Tootle goods were all mixed
up in the store in broken packages and
it would have been impossible for them
10 have grabbed out 44912 yards or Ken
frew gingham Unfortunately with other
prints and dumped il into the pleading
arms of the able sheriff. This looked rea-
sonable and the district judge decided
to give them new trial. This. of course.
didn't please the foote's side of the case.
and they appealed TO the supreme court
of Kansas on the order of the judge
granting a new trial. The case dwelt in
the darkness Of the capitol basement for
four or five years and was eventually
sent to the appellate court at Wichita,
and reached the light of day yesterday.
Blu. no one appeared, and the dispute Of
the Tootles and the Farwells disappeared
as completely as many customer of the
Matlack Dry Goods company who bought
some of that original Bingham, charged"
it and never paid for it, fastening the
day when the Matlack Dry Goods COM
pany. which had also charged" it, had to
disappear.
The case between the Tootles and the
Farwells was probably settled out Of
court long ago.
The cases submitted to the court yester-
day were as follows:
H. c. Meade & Co. VS.. A. II. Merrill,
Sedgwick county; Frederick Smith VS.. T..
r. Powell. Sedgwick county; Wichita Ma
tional Bank VS.. F. S. Weeks, Butler
county; J. G. Williams. constable VS..
Amanda Miller, Sedgwick county.
The case of A. T. and s. +. r. +. Co.