The Mena weekly star., 1911-04-27

 A $50,0e0 JUDGMENT HAS BEEN SET ASIDE
Judge Comiina Held fer Naught a Rig Judgment Given by Former Judar-Damagcs for ". \.
 Norlhington--Citii Cases

bed sprlugss Judge towing ih CUT cult court Thursday April 2i was called upon 10 pass on case in- Nolyine S50,000.
 This big suit is brought by Mary K. Hammond of Kansas City to set aside a judgment obtained by R. Nj. Quigley of Denver against her in the Polk county circuit court in April, i0i0.
 It is case with many sides and many details, involving the trans actions between parties of consid- crable wealth and dealing with large figures.
 The case grows out of the busi- ness relations of the Kenetick- Hammond Quigley Construction Company, corporation doing ex- nsiye railroad contract work.
 Briefly stated, in November, 1906. owing to the serious illness of frank s. Hammond, one of the members of this company, R. Nj. Cuglcy. well known in Mena and lof ycaIs prrsidenl of The Nat ional Bank of Mena, and William keneilek agreed to purchase MT. lIammonds stock, giving their notes to him for the sum of $37, 0o0, made payable on their face August 6, 1907, but 1t was claimed they were not to become due un- tl the contracts then on hand were finished and payments received for sat- work.
 Hammond died about August and before the work under the con tracts was completed and pail for. attorneys representing tl Hammond interests brought suit against Mir. Quigley at Independ once. Mo-, and also filed suits i'll tn, same case here at Mena wher Mr. Quigley's banking interest were slu ted and at Bcaumon Tex. where the headquarters the construction works were locat ed. in the meantime a portion of tht work was completed and payment received therefor, and half of the notes for $37 ,U0D were paid and at toraeys for Mrs. Hammond at tempted to dismiss the various stiits they had started. but believ- ing that the suits had been started for the malicious purpose of in turing his linaneial standing at q tigae when there was panic, and when i'll their construction work it was necessary to borrow large sums of money. Mir. Quigley filed a cross complaint in the case here in the Polk circuit coart and asked Si0,0o0 damages and judgment for Si70aQ additional, representing money due him from Mir. Hammond for services and money advanced by hiln lo Mir. Hammond. Judg- mcnt was glN en Mr. Qulgley by de. fagsl for the sum of S50,000.
 The case came up in court before Judge Bowling Thursday afternoon upon an application by attorneys representing Mrs. Ham, mond asking the court to set asid, this judgment, claiming that they thought the cases had been dis missed; that that was theh understanding when the pay menis were made on the notes. donyins that there was any agreement regarding the notes ex- cept as shown on their face; deny ing that Mr. Quiglcy had beer damaged. or that there was any malicious prosecution, or that Mir Hammond was indebted in any sum to Mir. Quigley.
 There is strong array of at torneys representing each side of the ease. Mrs. Hammond. accom- panied hy her brother-in-law. George Hammond, is here with John Harding, H. l.. McCune and Blatchiield Downing. all prominent attorneys of Kansas City; Ex- Senator J. II. Collins and Abe Col llns of DeQueen and Representa- tive w. NJ. pipkin of Mena representing the Hammond side.
 Mr Quigley is represented by Attorney General Norwood. F. II. Haskins, prominent St. Louis aliorney J. l. Alley and E. ]. Lundy of Mena.
 Dispositions and oral testimony were heard in the case Thursday afternoon. that night and Friday morning. Shortly before noon Fri day the attorneys took up the argu- ment of the case.
 They closed at 3 o'clock and Judge Bowling. after giving a lengthy review of the case, set aside the judgment. He referred to iiIe meeting III Kansas City when payments were made on the notes and settlement of the suits was claimed to have been had; of such representation being made by an attorney, who claimed to represent Mir Quiglev, were grounds for set ting aside the Judgment. He said there was nothing to show any moral fraud, that 1t seemed the at torneys representing MT. Quigley