The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1899-01-11
DENNY IN COURT
County Clerk Mandamused
by keene Syndicate.
HELPS DEFEND HIMSELF
Appellate Court Now in Ses-
sion in This City.


for ive days sitting. Presiding Judge
Dennison of FL Dorado. and Associate
Judge Schoonover Of Garrett were present.
Associate Judge Milton was absent on ac-
count Of sickness and his absence IS the
first time there has been break in the
court of this kind during a session at
Wichita. The court is one of the hardest
working institutions of Kansas, and is so
known generally TO the lawyers Of kan
sas.
Quite g number Of lawyers from dis
lance were present, but chere was very
little argument during the sessions. as,
owing TO the absence OF Judge Milton,
many cases which the attorneys might de-
sire to argue before the entire court were
continued. This was IN accordance with
the suggestion Of Presiding Judge DENIM
son, and consent of the attorneys IN the
cases.
a very important case. not on the regular
docket, went TO trial the last thing yester-
day and Will be heard and passed upon by
this court. 1t is the mandamus suit against
County Clerk Denny. brought by the
sentative. D. o. Davidson, TO compel Mr..
Denny TO issue descriptions of transfers
on blocks Of Wichita property instead of
Issuing such description by lots. as Mr..
Denny thinks the law impels. There are
ZIP lots involved in the transaction I'M
der consideration and for each of these
lots the county clerk demands a fee of
ten cents, which amount goes into the reg
ular county funds. The Keene Syndicate
contends that the descriptions of transfer
should be made by blocks. Attorney Bru-
bacher appears for the syndicate and J.
F. Comfy for the county.
Mr.. Denny asked permission TO
address the court on the case,
and he developed the fact that he was
quite limb o the law Nnself. His
remarks to the court showed a splendid
knowledge of the law pertaining TO the
duties of his office and he was compli-
mented by the judges after the adjourn
ment of court. The decision OF this case
will set a precedent for the counties Of
the state, as to whether the county clerks
shall have the right to determine the
proper description Of property transferred
or whether the seller shall list it in such
manner as he may choose.
The cases heard yesterday and their dis
position by the court are as follows:
State VS. William O'Mara. appealed from
Lyon county Violation Of prohibition law
Submitted on briefs
State VS.. c.. NJ. Shew. appealed from
Harvey county. Violation OF liquor law.
Submitted on briefs.
State VS.. ]. A. Snyder. appealed from
Harvey county. Violation OF liquor law.
Submitted on briefs.
State VS.. Charles E. DeBruler, appealed
from Harvey county. Violation OF liquor
law. Submitted on briefs.
f. E. Pollard ct al VS.. William D. Me
rau, appealed from Harvey county. Suit
to set aside judgment Continued to May
term, 1899.
Jacob II. Allen VS.. Nancy Lter. appealed
from Sumner county. Assault. Continued
to May term.
St. L., X. & s w. Railroad company
VS. J. A. Hammers. appealed from Har-
per county. Submitted on briefs.
]. c. Williams VS.. D. \. Mitchell, ap-
pealed from Sedgwick county. Continued
to May term.
W. L. woodruff VS.. Joseph 2. Dane et al,
appealed from Reno county. Continued TO
May term.
George ". Hardy ct al. vs.. John w.
Jones. appealed from Reno county. Con-
tinued 10 May term.
GIRL & p. Railroad Co. VS.. John Fer
ME. appealed from Reno county. Contin-
ued to May term.
Ohio and Western Mortgage and Trust
company VS.. Anna Carter ct al. appealed
from Sedgwick county. Submitted on
briefs.
State Us. J. X Evans. appealed from Ma,
rion county. Continued 10 May term.
William Brown. administrator. ct al. vs.
S Y. Carey. appealed from Reno county.
Submitted on briefs.
J. B. Nipp. sheriff. VS. Fred Bower, ap-
pealed from Cowley county. Continued
to May term.
D. W. Kent VS.. National Bank OF Com
merce ct al. appealed from Reno county.
Submitted on briefs.
s. /. & :. T. Railway company "
William Vance. appealed from Greenwood
county. Continued 20 May term.
A. J. Bell Us. L. '. Slason ct al. sp-
pealed from Greenwood county. Submitted
on briefs.
F A Parsons. cashier, vs. ". c. Teti-
rich. appealed from KIngman county. Dis
missed for failure TO file briefs
J. r Harris vs.. Allen Bel, appealed
from Harper county. Submitted on briefs