The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1899-05-12
QUICK COURT RULING
Appellate Court Renders a
Decision From the Bench.
ACTION VERY UNUSUAL
0verruIing the District Court
of Sumner County,

pellate court that was never known beeAr2,
according to some of the attorneys. In
the case of John G. Campbell ct al, vs..
board of county commissioners Of Sumner
county, the case was argued by Mr.. Dey
for the plaintiff in error upon the merits
of the case. About the time ne was con-
GLIDING his argument he. called the courts
attention 10 an error of the trial court TO
the effect that the district judge refused
10 allow the plaintiffs to argue or present
authorities on motion for new trial.
When the appellate courts attention was
called TO this assignment of error tney
asked for the record Of the case, and upon
examination found that it contained the
motion for new trial in the lower court,
and the attorney for the defendant in error
admitted the fact that the trial judge re-
fused to permit any argument or presen-
tati0n Of the authorities upon the motion,
whereupOn the appellate court very
promptly from the bench, reversed the
decision Of the lower court and remanded
the cause with instructions to the lower
court TO grant a new trial. Usually a writ
ten opinion is handed down on such mat
ters, but the court seemed to think this
was such an error that it required no de-
liberation upon their part and very
promptly rendered their decision as above
stated.
Cases disposed Of yesterday were as fol-
lows:
Emporia National bank VS.. John 3. Lay
feth, appealed from Lyon county; argued
10y Mr.. Graves for plaintiff and Mr. Gun
ningham for defendant and. submitted on
briefst
J. N. Harper VS.. city of Conway Springs
ct al, appealed from Sumner county; ar
gued by Mr.. Lawrence for plaintiff and
Mr. Schwinn for defendant and submitted
on bri els.
Robinson & Co. Machine Works VS.
Wichita and Western Railway company.
appealed from Kingman county; argued
by S. S. Ashbaugh for plaintiff AMI T W
Bentley for defendant and submitted On
briefs.
II. ]. wo.acott VS.. c. E. Case ct al, ap-
pealed from Sedgwick county; argued by
F. W. Bentley for plaintiff and A J. Ny
att and John Adams for defendant and
parties allowed ten days in which 10 Iile
new briefs.
John Zimmerman, sheriff, VS.. c. z. Clark
ct al, appealed from Mcpherson county;
argued by Mr.. Grafton for plaintiff and
Mr. Miniken for defendant and submitted
on briefs.
J. c. Burley VS.. Andrew Anderson ct al
appealed from Mcpherson county; contin-
ued to October term.
The state of Kansas vs.. Chicago Rock
Island and Pacific Railway company, ap-
pealed from Sedgwick county; dismissed
for failure to file briefs.
The Phoenix Insurance company Of
Hartford VS.. c. F. ireland ct al appealed
from Lyon county; argued by Mr.. Kel-
logg for defendant in error and submit
ted on briefs.
Missouri, Kansas and Texas Railway
company VS.. the city Of Emporia, ap-
pealed from Lyon county; argued by Mr..
Kellogg for plaintiff and Mr.. Buck for
defendant and submitted on briefs.
c. V. Eskridge VS.. the city Of E,mpo-
ria, appealed from Lyon county; argued
for plaintiff by Mr.. kellogg and for de-
PENDANT by Mr. Buck and submitted on
briefs.
The Trust Company of America ct al VS..
Frederick Whitmore ct al, appealed from
Reno county; dismissed according to stip-
ulation of both parties.
The Trust Company Of America ct al VS..
Frederick Whitmore ct al, appealed from
Marion county; dismissed as per stipula-
ton Of both parties.
y. NJ Thompson vs.. the city of Empo-
ria ct al appealed from Lyon county; con-
unued as per stipulation.
Thomas Evans ct al Us. George p. Car
son. appealed from Lyon county; argued
ny Mr.. Cunningham for plaintiff and Mr.
Graves for defendant and submitted on
briefs
The West Side National bank Us. The
Lancashire Insurance company, appealed
from Sedgwick county; submitted on
briefs
In the case Of Henry c. Stanley VS.. Chi
cago, Kansas and Western Railway com
pany ct al appealed from Butler county,
motion to dismiss was argued by the de-
PENDANT in error and was submitted on
briefs.
In the case Of the Kansas State bank vs.
FIRST National Bank of Kansas, on rel5-
ton OF L. C.. Boyle. appealed from Marion
county. the case was transferred TO the
Western division by stipulation of boeh
parties