The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1899-01-15
VERY MUCH MIXED
Administrator and Admins
tratrix Have Trouble.
COURT HAS ADJOURNED
After Hearing Lengthy Argu-
ments in the Case.


rushed. The court adjourned at noon
| after having disposed of an immense lot
| of business. The court will convene again
in May, when most of the cases assigned
to this term will have to be heard again.
| About the most important case in the
| entire sitting of the appellate court was
that of Ole E Ladd ct al VS.. Mary Nystol.
| Administrative. etc, assigned for nearing
yesterday This was an action brought
by Mary Nystal, Administrative Of the es-
tate of Bertha Nysto, deceased, in the dis
trict court of Greenwood county, on the
official bond of Ole Ladd, administrator
of the estate of Hans Johnson, deceased.
| Paul Paulson. the bondsman of Ladd is
also made defendant with Ladd.
| The petition is also to set aside two
| orders of final settlement made by the
| probate court of Greenwood county, in
which it is claimed by the plaintiffs that
! the final settlement was obtained through
| fraudulent testimony on the part of Ladd.
| The court set aside the final settlement
/ and afterward made a final settlement in
the district court, finding there was due
! from the administrator a sum less than
| that demanded in plaintiffs petition. One
| of the points argued yesterday was as to
whether or not a district court has juris-
| diction in the matter of rendering Juds-
ments in a case of this kind.
| There were many technical points in
| volved in this case, pertaining to heirship,
| etc, which required much argument by
the attorneys and quizzing on the part OF
| the court.
| Mr.. Clogston spoke in behalf of the
| plaintiff in error, and Mr.. Hodgson for the
defendant in error. The court took the
case for consideration on the briefs filed.
The following cases were disposed of:
The State Of Kansas VS.. the Chicago,
Rock Island and Pacific railway ct al,
| appealed from Sedgwick. Continued to
May.
The Paramount Townsite Co. VS.. c. D.
Rouse. appealed from Harper county. Sub
mitted on briefs.
G. NJ Houck VS.. Walcat Cary, appealed
from Greenwood county. Dismissed for
failure to file briefs.
St l.. & S. F. Ry. Co. vs. F. H. Van
Eaton, appealed from Sedgwick county.
Dismissed for failure to file briefs.
George Emerson VS.. Sena Walford ct al,
appealed from Cowley county. Dismissed
according to stipulations of both parties.
Peter Hawse ct al VS.. r. P. Kelley, ap-
pealed from Greenwood county. Submitted
| on briefs.
William E. Bennington ct al vs.. William
Barber. etc, appealed from Cowley coun-
! ty. Submitted on briefs.
| J. W. McNeal ct al VS.. F. P. McAllister,
appealed from Barber county. Dismissed
| for failure to file briefs.
! The City of Eureka ct al VS.. l.. A. Meri-
field ct al, appealed from Greenwood
| township. Submitted on briefs.
The City of Winfield VS.. Tucker Peeden,
appealed from Cowley county. Submitted
on briefs.
| F. II. Mann ct al VS.. F. NJ. Widner, ap-
pealed from Greenwood county. Dismissed
| for failure to file briefs.
John Zimmerman, sheriff, VS.. E. G. Clark
ct al, appealed from Mcpherson county.
Continued to May term.
| The City of Hartford vs.. Charles B.
! Graves. administrator, appealed from
| Lyon county. Submitted on briefs.
J. c. -Burley VS.. Anders Anderson ct al,
appealed from Mcpherson county Con-
! tinued to May term.
| Robinson e Co. Machine Works VS.. The
| Wichita and Western Railway Co, ap-
pealed from Kingman. Continued to May.
| In the matter of the appeal Of R. R.
Beam, administrator, etc, VS.. Judge of the
| district court of Harper county. Motion
| by defendant to dismiss suit. Ten days
! allowed to file supplemental brief by plain
| tiff in error. Submitted on briefs
! The ]. B. Watkins Land Mortgage Co.
VS.. Mark Williams ct al, appealed from
| Harper county. Submitted on briefs.
| H. J. Woolcott vs.. c. E. Case ct al, ap
| pealed from Sedgwick county. Motion by
defendant to dismiss. Continued to May
term.
| D. ]. Davis ct al VS.. The Dexter Butter
and Cheese Co. appealed from Cowley
county. Dismissed for failure to file
| briefs.
The Missouri Pacific Railway Co. vs..
| The Johnson & Iarimer Dry Goods Co.
appealed from Sedgwick county. Submit
| ted on briefs.
Thomas B. Taylor Va. Phillip Lander, AS
| signee. etc. appealed from Harvey county.
/ Submitted on motion.
Atchison. Topeka and Santa Fe Railway
! Co. VS.. F. /. Gordon. appealed from Bar
! Der county. Stipulation to reverse profor-
ma. Reversed as per stipulation and re,
msnded.
Atchison. Topeka and Santa Fe Railway
! Co. vs. Lemuel Musgrove ct al. appealed
from Sumner county. Stipulation to re-
verse proforma. Reversed as per stipula-
! ton and remanded.
| The Girard Life Insurance Co. etc. vs..
| H. V. Loving. appealed from Sumner
county. Motion by defendant in error to
! quash service Of summons in error and
| dismiss appeal Suhmitted on motion.