The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1900-07-21
END HAS COME.
Famous HillmOn Case is Prob
ably Over at Last.
United States Judge Thayer
Grants Executions.
AN APPEAL WAS TAKEN
Insurance Lawyers Failed to
File Proper Bond.
May Have Been a Ruse to Aban-
don Litigation.
History of Most Famous Insur-
ance Case on Record.
AN APPEAL WAS TAKEN

United States Marshal w. E. Sterne
has been ordered by the federal court to
levy on the property of the Connecticut
Mutual Life Insurance company and the
Mutual Life of New York Insurance
company in Kansas to satisfy the judg
ment of 900 held by Mrs. Sallie Z.
Hillmon-Smith against these companies.
opinion has long been divided as to
the merits of this case and it has been
one of the most stubbornly contested
lawsuits filed in any court in the United
States Twice in the six trials were
judgments secured and four times the
jurieS disagreed.
The fact that execution has been or
dered by the federal court has created
renewed interest in the case and from
the leading papers of the east inquiries
have been coming all day concerning the
new move on the part of the court.
The story of this case is as familiar
to the people of Kansas as the Mother
Goose rhymes. Last fall in I.eaven-
worth judgment was rendered for the
plaintiff for the second time.
The new incident in the case is by
virtue of an order of Judge Thayer of
the United States circuit court at st.
Louis He holds that when q. super
sedeas bond is not filed and approved
within 60 days from the date of securing
the judgment it does not stay the judg-
ment and that the judgment is effective
at once, and is therefore subject to i'm
mediate execution.
In the Hillmon case the supersedeas
bond, as in other cases, would be double
the amount for which judgment was en-
tered, or $68, 000 When the verdict was
given for Mrs HillmOn in the federal
court last November the attorneys for
the insurance companies at once gave
notice of appeal. The transcript of evil
ceptiOnS submitted.
Thus far the preliminaries to an ap-
peal had been regular but the attorneys
for the insurance companies neglected
the Supersedeas bond. This neglect, err
ror or whatever it may have been. was
responsible for the latest order in case
which has been in the courts for a quar-
ter of a century.
There being no supersedeas bond there
was no stay of execution in the judg-
ment of the federal court and upon this
point the attorneys for Mrs. f1illmon
worked. They made out all the papers
necessary for the execution of the judg
ment; established to the satisfaction of
Judge Thayer that the insurance COM
panies had wasted their opportunities
and lost the advantages of the appeal
by failure of the court to satisfy the
Judgment.
The court Immediately ordered the
essary to levy on the property of the
companies in this state are now in the
hands of the United States marshal w.
f. Sterne in this city who has under
the order of the court. 80 days in which
to complete his work and file a report.
OF course, the end of this proceeding
would witness the sale of the company S
property in this state sufficient to salts
fy the Hillmon judgment, but there are
two ways in which the companies may
intervene to stop the sale.
The first is by securing from Judge
Thayer ar order to stay the execution
which might not succeed in view of his
decision the question of the bond
but it is claimed by lawyers, that an in
junction will lie against the action of
the marshal in making the levy on the
property. This move is expected by
those at interest on the part of Mrs.
Hillmon, but they are now congratulate
ing themselves on the preliminary ad-
vantage gained before Judge Thayer.
Some of the insurance men look upon
this proceeding as Of little consequence
and some of the rival companies pre-
tend to know that the Connecticut
Mutual and the Mutual Life of New
York have intentionally given the Hill
mon lawyers this opportunity of dispos-
ing of the case. 1t is pointed out by life
insurance men that the companies
might go into court and satisfy the
judgment without a levy being made,
taking this method to avoid an absolute
surrender in the fight which has been
made.
The New York Life, which was one of
the defendants in this case, settled two
years ago with Mrs. Hillmon-Smith and
withdrew from the case. The remaining
two companies have been fighting along
the lines which were followed in the
opening of the case back in the seven
ties.
Following the settlement by the one
company came a victory for Mrs. Hill
mon-Sr1ith in the federal court last
November and insurance men presumed d
this would be the end or the case, despite
the fact that the attorneys for the COM
maIities for an appeal which has not
been perfected according to the decis-
ion of Judge Thayer. Were the case
pending properly on the docket by an
appeal proceeding the judge would
hardly intervene and order a satisfac-
ton of the judgment.
From a legal standpoint, the opinion
expressed by insurance lawyers, the
decision of Judge Thayer will end the
case and the Hillmons will receive the
money for which such stubborn fight
| has been made.
Insurance men and the people of the
| state who have been watching this case
are deeply interested in it. and the ac-
| tion of the insurance companies is
anxiously awaited If the companies
| do not rush into the arena to stop the
! execution of the order for a levy on
| their property then the opinion quietly
| expressed by many, to the effect that
| the companies are permitting this move
| to be made to get out of the fight easily
| will be sustained
This most famous of all insurance
bod ffc -i<~ir7 N xxvh TC71T