Omaha daily bee., 1901-01-19
SEQUEL TO "HAY RATE" CASES.
Suit 10 Enforce nm Accounting of Fees
In ola Railroad Prosecutions.

Suit 10 Enforce nm Accounting of Fees
In ola Railroad Prosecutions.
The hearing in the suit OF Spencer Smith
and others against Halloway and others. to
enforce an accounting of fees, was com
menced before Judge Thornell in the dis
trict court yesterday. The case at bar is
a sequel to the long drawn out litigation in
the Iowa courts known as the hay rate
cases. In 1898 Holloway and others, ship
pers Of hay. brought suit against the North
western and Sioux City & Pacific railroads
to recover alleged overcharges on hay ship
ments. After running the usual gamut OF
the lower and supreme courts. Holloway
and his associates secured verdict against
the railroad companies for about $4,000
The plaintiffs in the present suit are the
attorneys who conducted the cases for the
shippers. BY agreement the attorneys were
| TO receive half of the amount recovered
| from the railroads. The court taxed up
| the attorney fees and the shippers claimed
| that under their agreement with the at
| tornevs they were entitled to half of these
| fees, as being part of the money paid by
| the railroads This was denied by the at
| torneys and the suit at bar is to determine
whether half should go to the shippers.
| Judge Thornell has set next Monday for
hearing the arguments in the officer &
Pusey bank case. The hearing in the suit
of County Recorder Smith against Potta-
wattamie county, in which the plaintiff
seeks to make the county liable for tn,
expenses incurred by him in the matter o
clerk hire, is set for today. The county ha'
not yet filed its answer.
Assignment of Equity Cases.
Judge Thornell made reassignment o.
equity causes yesterday, also a first assign
ment of law cases. In the equity assign
ment the case of James Saguin against Il
| A. Wickham, in which the former seeks tC
enjoin the paving on Washington avenue
since completed, is set for Saturday OF mex
| week.
The first assignment of equity causes fol
lows;
against City o"G Of Council Binfs two Eases cSses1
Omaha Tinware Manufacturing Company
Tuesday, January 29-soren Myrtu,
against @; w; Graham; Bron & Herman
against Max Mohn; Sam Dobson against
Wednesday, January 3o-N. f. Dillrance
against s, l. Albro, marshal; r. c. Patter
sol against II. II. Gould, special,
Thursday. January AT. G.. Northwal
Company against McKesson & Rinker. spc
cial; NJ. Benton against Bellinger & Bellin
Friday. February Iowa Mortgage aut
Trust COMPANY against {. L. Gillette anC
others: f., Meyers against l.. B. Cousins
and others.
Saturday, February 2-Maria Cline agains
A, G. Ellsworth, Mary kroger and other,
against East Omaha Land Company; VII
liam Goldstein against John $, Morgan
sheriff.
Tuesday, February sc, ", Scott agains
Sa y; s. Frank; w, VA S Morgap against Il :, II II
against DIR. Susan Snyder
Wednesday, February ct. II. Thomp
son against Woman's Christian Associa
ton: Edward Dealy against Daniel Car
, rigg.
Thursday, February Thomas Marti
> against w. +. Baker; j. f. Fleming agains
, James Cornell; Austin Wightman and 9th
, ers against Estate Of w. i. Wightman, de
ceased
3 Friday. February S-,Nes Jacobso
against Union Pacific Railroad Company.
Saturday, February 9-Eoward Answort
against Omaha 4 Council Bluffs Railwa
and Bridge Company.
:, Monday, February 1l-Citizens' Stat
Bank against w. l. Stephens; Citzen'
: State Bank against Wood Bros. and Others