The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1901-07-08


| quantities of goods as a customer buys.
The owner may sell out to another and
set UP for himself in the same business
| again, nearby, yet purchasers find what
! is suitable to their wants exposed for
sale by the new proprietor at the same
/ old stand. Like the surgeon or dentist,
when the barber moves. he attracts TO
himself those having confidence in his
ability, and the greater his professional
skill the more difficult it is to ALLEVIATE
/ from him those TO whom his services
have given satisfaction"
Stephen c. Elliot who was sent to the
/ penitentiary for horse stealing, from VIII
son county, filed habeas corpus proceed
! ings 10 secure his release from prison on
the grounds that he was tried by only
eleven jurors. The twelfth got sick dur
ing the trial, and both sides consented
to the case going on with eleven jurors.
After he was convicted and sent to pris-
on, Elliott found that a man charged
with felony could not waive any con-
stituuonal right so he fled suit to get
out The supreme court granted the writ,
but ordered him back to Wilson county
for q new trial. The court went further
than he wanted it to do. He only wanted
it to release him
Other decisions handed down foliowi
BY DOster, chief justice-The Cummings
Harvester company VS.. James igerson;
error from Sedgwick county; reversed.
games Beard VS.. Board OF County Com
missioners of Sedgwick county; error
from Sedgwick county, affirmed. The
Phelps, Dodge & Palmer company VS.. J.
W. Skinner; error from sedgwick county;
affirmed.
BY Justice Johnson-SIissour Pacific
Railway company ct al vs. J. c. Henrie;
error from Butler county; reversed To-
peka Commercial Security company VS..
Board Of County Commissioners Of Har-
per county, reversed. T. A. Noftzger VS..
Thomas 8offet ct al, etci error from
Harper countyi reversed and new trial
ordered. H. B. Schiller VS.. Chester Col
Inns ct al; error from Cowley county; az
hrned.
Justice Pollock. having been OF counsel.
did not sit.
James Lorton ct al vs.. Chester Collins
ct ali; error from Cowley county; affirm
ed. Pollock judge. having been Of coun-
sci, did not sit The State of Kansas VS..
John Gill; appeal from Allen county; az
frmed.
BY Justice 0reen-The First National
Bank of Ottawa VIZ. W. - Rem ct al
error from Sumner county; affirmed. {.
Y. Eskridge VS.. the City Of Emporia ct
al; error from Lyon county; affirmed.
BY Justice Pollock-E. s. Hutchinson ct
al. VS.. Andrew S. Nelson ct all error
from Sedgwick county; affirmed. The
First National Bank Of Hutchinson VS..
the Kansas Grain company Of Missouri
ct al; error from Reno county; affirmed.
Stephen Martin VS.. Anton HamersSy; er-
Tor from Sedgwick county, reversed; Geo.
Campbell ct al. VS. the Board Of County
Commissioners of Labette county; error
from Lebette county; affirmed. Sarah G.
Shatuck vs. the Bellnap Savings Bank ct
al; error from Harvey county; modified.
Per Curiam-The City Of Leavenworth
VS.. owen Duffy; error from Leavenworth
county; dismissed. The W. W. Kendall
Boot and Shoe company vs.. H 2. Daven-
port; modified and affirmed. The Mis-
souri, Pacific Railway company VS.. L.
Newberger & Bro; error from Reno coun-
T. Hobson VS.. Peter Taylor: error from
Kingamn county; dismissed. The Chica-
go. Rock Island & Pacific Railway COM
pany vs. c. T. Ayers; error from Butler
county: reversed James McGuirk VS..
w. I. johnson; error from Harper coun-
ty; reversed Bell SIoss VS.. John Sullard.
administrator; error from Lyon county;
affirmed William Wideman VS.. Harvey
Taylor; error from Greenwood county;
dismissed. Missouri Kansas & Texas
Railway company vss. City OF Emporia;
error from Lyon county; affirmed P. F.
McDermed VS.. The Hutchinson Wholesale
Grocery company ct al; error from Reno
county; affirmed. Henry c. Staley vs.
the Chicago, Kansas s. Western Railway
company eta al; error from Butler coun-
ty: dismissed. Getty Of Columbus, Kan.
vs.. Samuel Neisei error from Cherokee
county; affirmed.
BY Justice Smith. K. P. Pine vs.. the
Western National Bank; error from
Greenwood county: modified. The Enter
prise Manufacturing company VS.. n. A
Cruzan; error from Montgomery county;
reversed and new trial orderde. II. G.
Pohlman rs. c. Z. Dawson ct al; error
from Russell county; affirmed.
BY Justice Cunningham-W. L. Faux
ner vs.. Grand Legion Select Knights of
the Ancient Order Of United Workmen;
error from Franklin county; reversed.
r. s. MARBLE. executor. etc. vs.. ". T.
Marble et al, error from Woodson coun-
": reversed. Chas. S. Noyes ct al. rs.
J. B. Nichols ct al; error from Cowley
county; reversed and new trial ordered.
State Of Kansas rs. c. y. Dsugherty; ap-
peal from Comaaohe county; affirmed
BY Justice Eilis-Tbe Atchison. Topeka
& santa Fe Railway company vs. JOS.
w. Arthurs error from Neosh county;
affirmed Alexander Warner et al. vs..
Louie Iubeau et al; error from Cherokee
county: affirmed. William Il. Fly ct al.
VS.. J. W. Rush ct al; error from Pawnee
county; affirmed in part and reversed IN
part William F. Dolan & Co. Us. Susan
Stone ct a.; error from Reno county; AZ
drmed. A. Il. Dosne Ct 81. vs.. Absalom
Bever; error from Cowley county; af-
armed.
Per Curism-John Baldwin ct al vs.
Ohio Township ct al; error from Frank
lin county: reversed. Chas- T. Bennett
vs.. D. :. Church et al; error from Frank
lin county; affirmed. Charles ". Gilmore
ct al VS. William Carlisle e al; error
form Osase county: affirmed Joseph 7.
- So. T-t,sa F>s-,- o,f T-f,- a~~,-