Omaha daily bee., 1899-03-15
oUIT HAS MANY SIDE ISSUES
Interesting Features Brought Out in
Connection with Drisooll Claim.
ATTORNEYS BECOME RATHER PERSONAL
ChnrEc that before the Judgment
Against south Omaha Was Rem
dcred nm Assignment
Was Made.

IT was diamond cut diamond" in Judge
Dickinson's court between the contending
attorneys in the mandamus suit of John
shanahon against the city Of South Omaha.
About three years ago q claim Of the late
katherine DrisCOll OF Nicola, Ia, against the
city for personal injuries was compromised
and a judgment allowed for $1,000 by slip
ulation. Shanahan is the son-in-law Of the
deceased and wac appointed administrators
of the estate. The city Is resisting the
judgment on the ground of fraud and col
fusion and Shanahan seeks to have the city
mandamused to levy a tau to pay the judg-
ment. Meanwhile Henry Owens, as a tax
payer, has interviewed with an injunction
suit to prevent the city from paying ana
Shanahan from collecting the judgment.
Both matters are being heard by Judge
Dickinson conformity and the entire day
vas consumed and still no end reacNed.
The attorneys handled each otheN In a
rather interesting manner. Both 7. j. Ma
honey, who represents Shanahan. and City
Attorney Montgomery of South Omaha had
to tako the stand, alternately cutting Nue
another with merciless questions.
. Were you employed as attorney for the
city OF South Omaha Mahoney asked
Montgomery.
Eyes, and ] was paid s25,' was the quick
reply.
'Did you earn the money! Mahoney re-
tortea.
81 don't think 1 did" snapped Montgom-
cry. II took the sum that was proffered to
me and asked no questions"
This is but a sample of the numerous
bouts in which the attorneys INDUCED.
Claim is Assigned.
From the evidence given it appeared that
before the judgment was agreed to Mrs.
Driscoll was induced to assign her claim
to Thomas Hector, then city treasurer, for
$500. Hector and Attorney Sutton went to
Nicola for the purpose of making some
such arrangement with the woman. A stip-
ulation was then entered into between the
attorneys for Mrs. Driscoll and the city, re-
spectively, whereby n judgment for $500
was obtained as a compromise, half to go
t. the claimant for her assignee and the
other half to Mrs. Mary G.. Madden, a sister
OF NJ. Hector. Mrs. Madden is made a CO.
defendant with the city in the Shanahan
suit. with Mr.. Hector intervening. A suit
was eventually brought by Mr.. Mahoney, as
counsel for Timothy Driscoll, the widower,
to have this assignment of Mrs. Driscolls
claim set aside on the ground that it had
been obtained in a questionable manner.
II Is ulS very am Management VIII
Mrs. Driscoll by which the claim was as
signed to Hector and the consequent judg-
ment procured by stipulation that City At
torney Montgomery sets forth as reasons
why a peremptory writ should not be issued,
and Owens in his injunction suit also alleges
fraud in the manner the judgment was OBJ
tained. The peculiar circumstances have
contributed to very much complicate the
controversy, but the only point upon which
tho court is to pass is whether there ac-
tually was fraud. If Judge Dickinson should
so hold the mandamus would be denied and
Owens would get his Injunction.
Among other things brought out by Mr..
Montgomery was that the word February
had been erased in the original Driscoll Pc
tition and january" inserted, so that the
time would come within the necessary
ninety days for the filing of the claim. The
city council of South Omaha was in some
way persuaded to consent to the $500 judg-
men,, but there has never been any APP
preparation made for the purpose of pay
ing 1t nor any levy made to cover the out
lay involved. Owens says he is determined
to do all he can to keep the city from max
ing any levy to satisfy the judgment. His
injunction suit was resorted to for fear
that the compromise by which the judg-
ment was entered might be set up as an
estoppel to the city's resistance.