The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1899-05-10
MIX-UP IN NAMES
Two Germans Used Different
0rthOgraphy
AND CAUSE A LAW SUIT
Case Heard in Appellate Court
Yesterday

The May term Of the appellate court for
the Central division. Southern depart
ment of Kansas, convened yesterday for
a four days sitting, with all Of the judges
and necessary officers present.
About the most peculiar case brought
up yesterday was that of E. E Pollard ct
al. VS.. w. D. AIireau, appealed from Har-
vey county The litigation is caused
principally because two Germans, father
and son, of Harvey county. spelled their
given names different, the father spelling
his in the old German way, while the son
Americanized the photography Of his. On
March ;, 1885. one William Mireau, whose
name in German is Wilhelm N1ireau, exc
cuted a certain promissory note to John
Fluck for SIS. In executing this note Nj
reau wrote his German name OF "Wil-
helm" as was his custom. The note was
afterward sold by Fluck to S. W. Shat
tuck, ST., who, through his son, s. ".
Shattuck, Jr., brought action in a justice
court to collect the note. IN The bill Of
particulars it was alleged that the note
was executed by William and Wilhelm
Nlireau and a pretended copy Of lie joint
note was attached 10 the bin Of particulars
which copy made it appear as though The
note was signed by both. a summons
was issued on both Of the Mireaus and
Fluck and the constable said ne served
the summons on all three parties. Will
lam Nireau says he never signed such a
note in any manner whatever, and fur
thermore he never signs his name evil
heIm," and therefore is not a party to the
suit against Wilhelm AIireau and Fluck.
He says the constable never served no.
1ice on him and he never had any notice
of the institution of such suit against
him. As a defendant in the justice court
he was defeated and judgment was rem
dered against him. An execution was
then issued against his farm, and he
brought injuncUo proceedings against
the sheriff 10 prevent the sale. The in
junction was sustained in the district
court and judgment rendered against Shat
tuck, who then appealed to the supreme
court The defendant in error, Mireau,
claims in his briefs that the Shattucks
connived TO defraud William Mireau by
mixing his name in the obligations Of
Wilhelm Mireau and Fluck, and also al
leges that the Shattucks arranged with
the constable to make false returns of
service in order to get legal hold on him
for the amount Of the note. The case
was orally argued before the appellate
court yesterday by S. ". Shattuck for
the plaintiff in error and by Attorney
Bowman for the defendant, and was sub
mitted on briefs of both parties.
Other cases disposed of yesterday were
as follows:
Jacob H. Allen VS.. Nancy Lizer, appealed
from Sumner county; orally argued by Mr..
Schwinn for plaintiff and Bowman & Bow
man for defendant, submitted on briefs.
]. c. Williams VS. d. a. Mitchell, APP
Pealed from Sedgwick county; orally ar
gued by Judge Haymaker for the defend
and and submitted on briefs.
George W. Hardy ct al, vs.. John W.
Jones. appealed from Reno county; orally
argued by Attorneys Brigg and Roberts
and submitted on briefs.
State Of Kansas vs.. J. K. Evans, ap-
pealed from Marion county; orally argued
and submitted on briefs.
State Of Kansas vs.. a. r. Tarbill. ap-
pealed from Sumner county; dismissed for
failure to file briefs.
Chicago, Rock Island and Pacific Rail
way company Us. John Fernie. appealed
from Reno county; passed till Friday.
J. B. Nip, sheriff. vs.. Fred Bowers,