v0802-189
United States Circuit Court of Appeals for the %
Ninth Circuit.
- COBBAN, E. B. WEIRICK, Individually
and also as Trustee, and THE PAYETTE
LUMBER AND MANUFACTURING COM-
PANY, a Corporation,
Appellants,
vs.
MOLLIE CONKLIN,
Appellee.
REPLY BRIEF OF APPELLANTS.
STATEMENT.
Counsel for appellee have presented a lengthy
statement of facts in their brief which requires cer-
tain corrections and modifications. It is asserted at
page 3 that the Conklin Estate was in the course of
probaite at all times during the year 1900, and at page
6, that Mr. J. C. Campbell was appellee's attorney at
this time.
We do not consider these facts very material to
the issues in this case, but wish to point out that these
assertions are flatly contradicted by the record. The
final decree in the Conklin Estate was signed De-
cember 1st, 1899, and filed February 16, 1900 (Com-
plainant's Ex. "A," not printed in the record).
The amended decree (Complainant's Ex. "V,"
Trans. 464) was filed a year after the transactions
involved in this case, and the trial court found that
Campbell was not appellee's attorney in any sense
(Trans. 493) ; but even if he was her attorney, this
would merely charge appellee, who trusted him, with
the consequences of his acts as against appellants,
who did not even know of his existence.
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