The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-05-01
WILL BE SETTLED.
SOndergard-Martin Breach of
Promise Case Continued.
Has Already Been Twice Tried
in District Court.

Fololng a continuance today in the
DR.. F. H. Martin damage suit, it is ru-
mored that the case will never again
be brought to trial and that Martin
Will pay the court costs and attorneys
fees in the action. Martin was defend
ant in suit for S. 900 damages filed by
John p. Sondergard, who charged that
the former Topeka physician alienated
the directions of Mrs. Sondergard, in
duced her to sue SOndergard for di-
vorce and later married the woman.
Neither side has made a statement
concerning the probable outcome of
the case, but they do not deny that the
move to continue the case over the
term is to give the parties to the
suit time in which to perfect a settle
ment. Judgment was twice secured
against Martin from juries in the
Shawnee county district court. Once
Judge Dana granted new trial. The
second time the case was appealed to
the supreme court, where it was re-
versed and remanded for rehearing.
Since this action, it is claimed that
Martin has endeavored through his at
torneys to settle the suit. Neither side
seemed anxious to try the case and by
agreement the case was continued until
the September term. In the meantime
an agreement will probably be reached
by the attorneys in the case.
The Say]er case was also continued
for the term, owing to the illness of
John Switzer, an attorney in the action.
E. E. Hawk is suing c. L. Sayler to re-
cover money, which he claims is due
him from Sayler as guardian. When
Hawk was IA years old his parents
died. He was heir to an estate of ST.
1853. Until he reached maturity, Hawk
stayed at the Sayler home. He attend
ed school and worked during vacations.
When the guardians final report was
made, he charged a number of items on
the expense account which Hawk
thinks is erroneous. He believes he
should receive credit for his work and
wants $607 in the expense account set
aside.
In the second division of the dis
trict court a continuance was taken in
the case of Ira CODE against the Cough
lin Hardware company, in which Cobe
is suing for judgment on $4,000 note
signed by the Coughlins and made pay
able to the First National bank. The
note was among the banks assets and
was among the securities which the
Chicago millionaire bought of the de-
funct bank.
Both sides waived jury in the case
of the Crane Publishing company
against the American Book company
and evidence is being heard by Judge
Whitcomb. The Crane company Is Su-
ing for $2,0S5.92, alleged to be due on a
contract for the sale of school books
The American declares that the money
should not be paid and stipulates that
on several of the books handled copy
rights were owned by Lizzie E. Woos-
ter a former Kansas woman, who was
entitled to royalties. The Crane COM
pany held contracts with Mrs. Wooster
which were assigned to the American
Book company and the plaintiff denies
any obligation under these contracts.
There are some close legal questions
that will be checked UP to the court
and the case will occupy the greater
portion of the day.
Commencing tomorrow both divisions
of the court will begin work on import
ant civil cases. Twenty additional jur-
ors were drawn today with instructions
to report Tuesday morning for work in
the second division. These jurors are in
addition to the ones drawn earlier IN
the term. The new men are: John d.
Knox. A. P. Skidmore, Topeka town.
| ship; c. G. Carlson, c. c. HenshaW,
D. T. Gabriel, E. Hampton, ]. M. Hayes,
| A. w. Knowles, r. s. Morrison, c. A.
Herring, H. E. Lyman, John Ritchey,
| Topeka city; j. G. Corneilson, Soldier
| township; F. w. Bliss, Mission town
ship; Nels Olson. Soldier township; II
! win Probst Auburn township; c. F.
| Howerton, Rossville township; E o.
! Buchanan Mission township.