In re Farr

• Decision Date: 05 April 1889
• Parties: In the matter of the Petition of FRANK FARR for a Writ of Habeas Corpus
• Court: Kansas Supreme Court

21 P. 273

41 Kan. 276

In the matter of the Petition of FRANK FARR for a Writ of Habeas Corpus

Supreme Court of Kansas

April 5, 1889

Original Proceeding in Habeas Corpus.

ON November 7, 1888, N. R. Waterman and E. D. Waterman, partners as Waterman Bros., commenced their action against Frank Farr in the district court of Lincoln county, to recover the possession of two mares, one black and the other of light-roan color; and also of certain other personal property. Upon an affidavit and undertaking being filed therefor, they obtained an order for the delivery of the specific personal property described in the petition. The summons in the case was served on November 8, 1888, by leaving a copy at Farr's usual place of residence in Lincoln county. The sheriff, not being able to find the property described in the order of delivery, returned the writ on November 14, 1888, indorsed: "Received this writ November 7, 1888. Found none of the within-described property.-- THOMAS BOYLE, Sheriff, by E. S. ADANSOM Under-Sheriff." On November 26, 1888, Waterman Bros presented to the district judge of Lincoln county, at chambers, their application, supported by affidavit, alleging that Farr had knowingly concealed the property described in the order of delivery, for the purpose of preventing it from being taken under the process of the court; that knowing where the property was, he refused to deliver it to the sheriff, or disclose its whereabouts, and asking that an attachment issue against Farr; and, upon a hearing, that he be required to disclose where the property was. The district judge, after inquiring into the matter, found that an attachment ought to issue for the arrest of Farr, and upon the 26th day of November, 1888, made an order accordingly thereon, A. W. Elgin, the clerk of the district court, on the 27th day of November, 1888, issued an order directed to the sheriff of Lincoln county to arrest Farr and bring him before the district judge. It seems that Farr, under that order, was arrested in Graham county, but escaped into Russell county. Subsequently, and on the 4th of December, 1888, another order of attachment was issued by A. W. Elgin, as clerk of the district court, and under that order Farr was arrested in Lincoln county and taken into custody by the sheriff of that county; on the said 4th of December the district judge of Lincoln county directed the sheriff of that county to produce Farr before him at the court house in Salina, to answer concerning the property sought to be taken under the order of delivery; about the same time, the probate judge of Lincoln county issued a writ of habeas corpus, commanding the sheriff of that county to produce Frank Farr before him at ten o'clock on December 5, 1888; on December 6, 1888, the plaintiffs appeared in person, and also by their attorneys Garver & Bond, and the defendant in person and by his attorney, David Ritchie, before the district judge of Lincoln county, at chambers at Salina; the defendant filed his motion to be discharged for various reasons, but the court denied this, and upon a hearing found that Farr had willfully removed a part of the property described in the order of delivery, from Lincoln county, and had concealed the same and prevented its being taken under the process of the court, and that he refused to disclose its whereabouts; thereupon, the district judge required Farr to deliver the property to the sheriff of Lincoln county, and that he be committed to the county jail of that county to be held in custody until he should comply with the order, or furnish information leading to its delivery. On the 11th of December, 1888, this court, upon the application of Farr, issued a writ of habeas corpus to Thomas Boyle, sheriff of Lincoln county, returnable January 2, 1889, requiring him to produce the body of Farr with his return, showing under what authority he restrained him of his liberty and detained him in his custody; on said January 2, Thomas Boyle, as sheriff, made his return and annexed thereto the order and command of S. O. Hinds, the district judge of Lincoln county, dated December 6, 1888, requiring the sheriff of that county to hold Farr in custody until he delivered the property described in the order of delivery, or gave information to the sheriff leading to its delivery. Upon the hearing...