davidaulloa/AmericanStories huggingface dataset:
The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1894-04-03
rlXANcE AXp rHAnM.
The F1,turn Of TIA Aimer nni stncI
AI,riiNt,

W ifNNta
$rw ioRE April 9,--3luncy M cali easy a,
ter cent; last loan rur lcCnh Prime mrr,
Camille paper aai'4 per ccut Sterling exchange
duh with uclGhl bU,lncs, In bnnkar. hills III
s. sat bS', for dulneul and Ut sINIaIs7l. fUr
HNIy days posted rates Il ~, = and s ~ CONNER,
cui hiil, 81 Sl.nl ~ SILVER certificates 81 a..
Total sales 0i stock' t0.dNy aggregated i7tOJ
shnfrS,
The week opened On the stock exchange with
n slightly heavy tone ~ the speculation nud
prices wcTc IN the main a fraction lower imul
the Clu'lug iigrfCi Of saturday. The carly dcnl.
i1gN were weak IN tone Rud MI additional decline
ranging 10 per cent Wts recorded 1t WINS not
unit, 1871 U'Cu'b TINT the downward movement
VA, checked aud prices tDOk mn upward turn,
hrHCtiyC list responded hnt ircby 10 the cllurl'
10 improve the tone Ot tho trading, mHaiEg mere
" n fractional mlly hut some vi tlr .pccIntivs
moved up brlSSly. In the CErly IIFt NJ The after
noon The NpCcIultIrs nfuin hrCnmr prominent
nnl made further advances. subsequently tcnct.
int slightly, but rtlysUs pUlcEly. rubber com.
mon selling NJ aud tue preferred "a. lhlli'
more AZ Ohio -; Michigan Genital ! !; Lead pre-.
icTfCi -. Minneapolis ( II, Lon, preferred
lUcr cent. Tho uctiyC list dh not participate
IN the rise but continued heavy to the cost.
The market tnnlly closed Irregular and lower,
Government bOui, NTuI.
state bonds inactive.
The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1894-04-03

BosroS, April o.-GritT and Griffin,
the featherweights, have signed articles
TO box eight rounds at the Casino in
this city April %. The contest will be
NJ catch weights and will not involve
any championship honor.
The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1894-04-03

Simply apply "SwAYSE's OISTME%r." No in.
tcEnnl medicine required. Cures tclter. eczema
itch. nll cruptlOns on the face hands, nose, &C.,
leaving the skin clear, white and healthy. lis
great healing and curative powers nre possessed
by no other remedy. Ask your druggist for
SwAYSE'S OINTMENT. ITIlSlw
The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1894-04-03

DENVER, Colo, April 2.-Walter Bcr-
dan started to-day to ride on bicycle
from Denver to Paterson, n. J. The
distance will be $500 miles by the route
ho will take. lie will strive to mako n
n new long distance record.
The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1894-04-03
Wheeling & Elm Grove Railroad

On and after SATURDAY,. October |, ISL, ,rAiu,
will run Us follow city time:
LEAvE WIIEELISG-'j:00 Il M. 200 a n. sd
a. ~, 300 l. IN, 1000 a. IN. ll:O0 a. "a, l!'J) N
20 p. In. .:U p. H. 800 p. H. 100 D. ~, !: u
p ~, d:vOp IN. 800 p. IL. 500 p IN. $50 ..
III. Il 10 u. m.
LEAVE ELAG GR0vE-7G:D) e. m. 7:c)L H.. s:)
m, 9t m. lO:ol 4 u. ll;0o q IN. i!:0) N.
! 90 p. IN. 100 p H.. 800 D. m i:Ol D. N. i:Il
p. ~: 500 p. ~. 200 p n. SOD p IL. Y:lG D
In. 10 Top. IN.
VDatli. except Sunday
SuSDAY-Chnrch trIlni leave Elm G.oTa !:
9:i3 4 IN. and Wheeling d: j 81 D. IN.
II. + WEiSGEEBhts
Gel Gcue:nl Manage:
The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1894-04-03

Cotton.

s, New YORK April Pig Iron dull; American
~ WaiI ~; Copper quiet; lnkcgHc. Lead easy
u"ulesuc 500 Tin itrm; Strulis $40 ~.
The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1894-04-03
this ANIMALEXTRACTS
Prepared according to the formula Of
Dir. WIN. A. HAMMOND,

~ Wv lhoOthlOry ~ Warrington, ". Z,
SEEEiIisiSE, nom tho bmln. for dl,cn,ri
oi the htnin aud nervous system
MEDUiLiSE, from the spinal cord, for dis
eases OF the cord. lLpcOmotGr.AnSln ctr)
the hcnrt ''' ''N''' '
lEsriNE, from tho tG,;rS. for diseases 0t the
'es,eS IAttOphv Of tho Organs, Alcrlllty. utrl
oNhltiNE, from tho OSGtcS Tor diseases OF
tho ovHricS
MCsCuLiSE, thyrodInc, etc.
Do'c, Five Drop" PrIcc (snrarhmsl, O.. 80.
lho Physiological effects produced by single
u9sS Of Crr"htin" Rrc accccrntlOn Otthu rul,o
with fcoling OF iullnc,, aud ,llSicntIon in the
nssd, gNhilnrntlon oi spirits. Increased urinHry
oS.tetioh' augmentation NJ the UXpuliyu force
ol ,he bladder and p0ristHitic notion O( the IN.
uslhesincFcAsc In mnNCulurIrcugth mud Gndnf'
h,'co, increased power Of vision In elderly peD.
PIC nnu Increased appetite Rnl digestive power.
, NnGfc local druggists nr" not supplied with
,ne hammond Animal Extracts they will 10
mailed together with all existing literature Oil
inc subject, on receipt OF price, by
TIE COLuMHIA CHEMICAL CO.,
Washington, u. G.
Agents for Whroling fnyan Druy IN I'll
The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1894-04-03

PRoviDgNcr, Il. l., April 2.-The
weavcrs in the Riverside mills q. Olney-
vile went out in body this morning.
a general strike will follow.
The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1894-04-03

CiSciSS4Tr. o., April ".-to,ton In good de
manu- and hi2her; middlIns &c.
The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1894-04-03
Many Persons src brol

IITIIN IVTSUIIN ETC bTOEEn
down from overwork or household cares.
Browns Iron BittcrS Eebuil9s the
system, aids digestion. removes excess Of bile,
Srd cures malaria. Get the genuine.
The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1894-04-03
OHIO RIVER RAILROAD co.


On aud a;:cr Monday. December Il, Passenger
TrRius will run NJ follows: 'batgY. Daily Tx.
ccpt Sunday Central time.
The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1894-04-03
The Cleveland, LOEain { WAss!!GS R.R.

TIME CARD.
Via E!yria and the Lake S'.o'o Route.
JANUARY II. lsgl
The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1894-04-03

WnGAT-Cslsh No 9spdur 80 e; No spring
3ic' No. red 59ai9, &; sApril ;sisai9I,a1alsc
May ~ -nni -AGJi,r; lulr u ,uill ,u6-C.
COES-CaSh M. >. 49, C; April ~ l'6i ,a;Gj c;
May 81 saJIf ra5i1sc; JUS 3sa IsGlsI.c
OArS-i'a.h M. ., aIiyc: May %DI.l3la5lc;
june %O' 4MO h.IDTc; July 2'a.5' as SC.
lNg--Nn -
The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1894-04-03

'7'''' n IIIII IUt1I I7ITI' " IIVII
easy; SPOT and month 0,taCO1sc: May 81 JSaGl1Ic;
July b!5lGG&c; steamer No. = red Jaitc 6ia; Ic.
ceipts i,lj0 bushels Corn easy; spot and month
iGtIaiOi2e; May ~ jaiHsc; receipts 1888 bush.
els; shipments i2,SH bushels. Oats firm; No. .
white western 3SaaSiIc. Rye quiet; No. = 5iaitjc
liny steady: good TO choice timothy ST Goals Co.
HHticr steady iancy creamery &C. Eggs easy;
fresh llnl21sc. Cheese unchanged.
TOLEDO, O.. April Wheat lower; No. cash
aud April ~ &c; May jglSci July 6lI4c Corn dull
nnG steady; No. cash 37J.c. Oats steady; No. 9
mixed 5!!yc. Rye dull; cash iSc. COverSced
dull: prime cash md April Sj2J; October IS ST.,
The advocate., 1894-02-14

made known TO the principal, who makes NO
objection thereto, or inquiry concerning the
same, these facts alone do not amount 10 . rat
thsati0n Of the agents unauthorized contract
binding the principal for the amount due
from the agent for board and not 80 credited
All the justices concurring.
A true copy.
Attest: @. J. BROWN,
[sEAL Clerk Supreme Court
The advocate., 1894-02-14

mortgage to L. were sold and the proceeds OF
the sale taken to and retained by the bank
Held, That the action OF the bank in aiding
and assisting B. in the sale made it liable to
l. as for q conversion Of the two animals
Wrongfully sold.
All the justices conCurring
A true copy.
Attest: Q. J. BROWN,
IsEALl Clerk Supreme Court
The advocate., 1894-02-14
Farm for sals-AdminiTzatOEs s.le,

Improved farm 978 acrep, fifteen miles west
otIopeka, on the Union Pacific R. r Mnst be
sold st once, even at less than appraised value
Address &. b Guild, Administrator, Topeka,
The advocate., 1894-02-14
7OlS.
G. A. Hopper VS.. G s. Calhoun.
Error from Pratt County.
REVERSED.
7C)IS

GAAOE AAVRA AWbb OOuAbNs
REVERSED.
SYLLABUS BY THE COURT ALLEN, j.
1. To create personal liability on the part
OF grantee In deed to pay prior mortgage
on the lands conveyed, where there is no EVIL
dence to explain the language used, or show
ing o mistake, the words used must clearly
import that the grantee assumes such pay
ment and Held, That the words, except q
mortgage OF s3,l7000 and one interest mortgage
OF sl95.O0, both mortgages given to O. s. Ual-
hOun, which mortgages OF said second party
accept and agrees TO pay" wholly unex-
plAined by other evidence are not sufficient to
show an assumption Of the mortgages referred
to, by the grantee named In the deed.
2. The assumption OF such mortgages may be
shown by competent evidence outside Of the
deed.
All the justices concurring.
A true copy
Attest: G. BROWN,
SEAL Clerk Supreme Court.
The advocate., 1894-02-14
69S4.
The Bolen Coal Company vs. The Whitaker
Brick Company.

The Bolen Coal Company vs.. The Whitaker
Brick Company.
Error from Wyandotte County.
AFFIRMED.
SYLLABUS. BY THE COURT. JOHNSTON j.
/. Where creditor splits up . running &C.
count which constitutes single cause OF aC-
ton and RECEIVERS upon part OF the same,
such adjudication constitutes complete bar
to a recovery on the remaining portion OF the
account
2 In an action before justice Of the peace
upon o verified account no bill OF particulars
or verified denial was filed by the defendant
Held, That while the correctness OF the ac-
count was admitted by the defendant, 1t did
not prevent him from setting up and establish
ing the defense Of res GdjudicGtd.
All the justices concutring.
A true copy.
Attest @. ]. BROWN,
TsEALl Clerk Supreme Court
The advocate., 1894-02-14
TNM


John W. Russell vs.. Mary Z. seery, Admins
tratrix Of the Last win Of James SeeEy, De-
ceased.
Error from Shawnee County.
REVERSED.
SYLLABUS. BY THE COURT. JOHNSTON, j.
l. Awards Of arbitrators made in pursuance
to the statute are to be literally construed
and should not be set aside upon any grounds
other than those named In the statute
q Error Of judgment by arbitrators Ss to the
effect or weight OF evidence is not ground
for setting aside an award
8. Where the contending parties expressly
agree that no oaths shall be administered to
arbitrators, and that the testimony OF wit
nesses unsWorn shall be received, neither Of
them will be allowed to make the omission to
administer oaths to arbitratoFs and witnesses
a ground Of objection to the award after re-
suit adverse to him has been reached.
All the justices concurrtng.
A true copy.
Attest: G. J. BROWN,
TsEAL1 Clerk Supreme Court
The advocate., 1894-02-14
o. F. Roe vs. Adelia Roe.

Error from Montgomery County.
REVERSED.
SYLLABUa BY THE COURT. ALLEN, ]
/. Where q husband obtains q valid decree
Of divorce from his wife, in another state, and
no order Is made with reference to alimony, or
division Of the property OF the parties, the
wife cannot, long afterwards, In an action
brought In this state by her to obtain divorce
and alimony, obtain a decree for allmony
alone in the absense Of any showing that the
law OF the state where the divorce was granted
Is different from that Of Kansas
2. The final judgment in an action granting
divorce settles all property rights Of the
parties, and Is q bar TO an action afterwards
brought by either party to determine the
question OF alimony, or any property rights
which might have been settled by such judg-
menE
All the justices concurring.
A true copy.
Attest: G. J. BROWN,
[sEAJJ Clerk Supreme Court
The advocate., 1894-02-14
G. J. BROWN,
Clerk Supreme Court.
In THE SUPREME COURT !
OF THE STATE OF KANAAR. (

I, G. J. Brown, clerk Of the supreme court Of
the state OF Kansas, do hereby certify that the
foregoing are true and correct copies Of the
syllabi OF the decisions In the above entitled
cases as the same appear on flle In my ONCE.
witness my hand and the seal Of the supreme
court, this 18th day Of February
1894.
tsEALl @. ]. BROWN,
Clerk Supreme Court
The advocate., 1894-02-14

To Whom u MGy Concern:
You are hereby notified that the following
named bonds Of the city OF Lawrence, Kansas,
Will be paid at the National Bank Republic az
the Fiscal Agency Of the state Of Kansas, I'm
from this date, viz, Nos /, 2 and 8, funding
bonds, series SB," amount $500 each, issue OR
January /, 1883
The advocate., 1894-02-14

REVERSED.
SYLLABUS. BY THE COURT. ALLEN, ]
l. Where pertinent questions OF fact are
stated In writing and handed 70 the court by
party at the conclusion Of the testimony to
be submitted to the jury for their findings
thereon, IL Is error for the trla court to refuse
to submit them.
O. The city council Of the city OF Topeka has
the power by ordinance TO require the keepers
Of boarding houses, re .taurants and hotels TO
furnish the street commissioner the names OF
persons liable to poll tax, boarding or lodging
In their houses, and to impose ahnVfor refusal
TO dOso.
g. A Judgment duly rendered by the police
court OF q city cannot be held void because OF
defense Of which the prisoner did not avail
himself
4. Ordinance No. ol Of the city Of Topeka,
approved May 12, 1870, permitting prisoners
committed to the city prison for the violation
OF bylaw or ordinance Of the city, necessary
for the preservation OF order and the welfare
Of society, to be employed by the city marshal
at labor either on the streets or public work
of the city, or In q public or private place,
being credited 81 day on the judgment for
each days work performed, Is not In conflict
with Sec OF the bill OF rights OF the cOnstitu-
ton Of the state, or article l3 OF the constitu-
tion Of the United States prohibiting slavery
and involuntary servitude.
s. The marshal and policeman OF city,
and any persons aiding and abetting them,
are liable In damages for unnecessary cruelttes
and indignitles inflicted by them on prison
ers in their charge.
Horton, G. j., and Johnston. J., concurrng
Allen, j., dissenting from 4th par. Of syllabus
true copy.
Attest: @. J. BROWN,
[sEALl Clerk Supreme Court.
The advocate., 1894-02-14
$780,
The Chicago Lumber Company vs.. E. J. Allen.
E. G. Allen ct al,

The Chicago Lumber Company VS.. E. J. Allen.
E. G. Allen ct al,
Error from Norton County.
REVERSED
SYLLABUS BY THE COURT. JOHNSTON, ],
1. Under the mechanics lien law as It ex-
listed in 1888, II the consideration agreed to be
paid by the owner Of land to . contractor for
the construction Of building on such land
is insufficient to pay for all the labor and ma
terial expended thereon, any sub-cOntractor
who has obtained legal lien against the prop.
erty is entitled TO q pro rata share Of the con-
tract price, which lien may be enforced
against the owners property, although the
owner may have paid the full amount Of the
contract price to the contractor or to Q part Of
the sub-contractOrs.
2, Where some Of the material findings Of
the court are inconsistent with each other,
and not in harmony with the testimony, and
1t Is manifest that the case was tried upon an
incorrect theory, the findings and judgment
will be set aside and new trial granted.
All the justices coneurring.
A true copy.
Attest: G. ]. BROWN,
SEAL Clerk Supreme Court
The advocate., 1894-02-14

Gottlieb Holman Va. Peter Demple.
Error from Shawnee County.
SYLLABUS.

SYLLABUs By THE COURT. ALLEN, J.,
In en- action brought by wife to set aside O
conveyance OF the homestead which was sub
ject to mortgage, whore IL appears that her
signature to the deed was obtained by duTsas,
but that she took no steps for more than O
year and o half to set IL aside, but on the con-
trary that 1ts validity was Rcquiesced in by
herself and husband, and the grantee before
any attempt was made TO cancel or set aside
said deed, paid of such mortgage, and the ex-
isting tax liens on the premises, Held, That
1t Is not error for the trial court In rendering
q judgment cancelllng such deed, TO surrogate
the grantee 70 the rights Of the original mort
gagee, and order sale OF the mortgaged prop
erty, TO repay TO the grantee the amount OK.
pended By him In payment OF the mortgage
and tax liens.
All the justices concurring.
true copy.
Attest. C.J.BROWN,
lsEALl Clerk Supreme Court.
The advocate., 1894-02-14
1894.

1894.
John B. Lsfeyth vs.. The Emporis National
Bank.
Error from Lyon County.
REVERSED.
SYLLABUS. Blythe COURT. JOHNSTON, J.
B., who owned herd Of cattle, gave to L. .
first mortgage upon fourteen OF them, and TO
bank Le gave another mortgage on some or
these as well as upon the remainder Of the
herd. Both mortgages were duly recorded,
the banks debt being overdue. And suppOsing
that It's mortgage covered the whole OF the
cattle and was superior to all other liens, IL
agreed with B. that he should make q public
sale OF them, and that the proceeds should be
applied in payment OF the mortgage debt
which IL held against B. The bank sent one Of
ITS onicers TO the sale to assist b, but mainly
20 protect the interests OF the bank, Gs Is
claimed the cattle under tts mortgage, and at
the sale two Of the cattle tnclnded In The
The advocate., 1894-02-14
w A. Erving vs. The Phelps & Bigelow Wind.
mill Company et al.
SYLLABUS.

Where party seeking to obtain foreclosure
OF . mechanics lien, makes service by publi-
cation on the parties who appear from the
records 10 be the holders Of prior mortgages,
and where the irSt mortgage 10 owned by o
person whose assignment has not been placed
on record, and on application of the second
mortgage, before any sale Of the encountered
premises, the Judgment Is opened and such
second mortgage let In TO defend, and after
ward the holder OF the flrst mortgage moves
for leave 70 answer, and also leave 10 inter-
plead, and the court grants leave to inter
plead, but refuses leave 20 answer, and after
ward rev0kes the order granting leave TO
interplead, and refuses Gil right TO be heard,
and where no intervening rights have been
acquired on the faith OF such judgment, Held,
That the court should have permitted the fHst
mortgage 20 answer and have his rights pro-
tected.
All the justices concurring.
true copy.
Attest: G. ]. BROWN,
lsEAL Clerk Supreme Court
The advocate., 1894-02-14
The First National Bank Of Clay Center, Kan
sas, VS.. s. D. Beegle.
SYLLABUa

AFFIRMED.
SYLLABUa BY THE COURT. JOHNSTON, J..
A crop OF corn was planted and grown upon
mOrtgaged land by the mortgagor In aC-
cord6nce with judgment OF foreclosure the
day Of September. Four days before the sale
Of the land the mortgSgor sold the crop Of
corn to another. The corn was then mature,
but there had been no physical severance OF
the same from the land ct the time Of the iu-
dicial sale. Held That the vender of the
mortgag0r was entitled TO the crop, and that
the same did not pass with the soil to the pur-
chaser OF the land Held, further, That the sale
OF the corn by the mortgager constituted q
constructive severance Of the same from the
land.
All the justices concurring
A true copy.
Attest: G. J. BROWN,
[sEALl Clerk Supreme Court
The advocate., 1894-02-14

SYLLABUS. BY THE COURT. ALLEN, ].
Chapter l27, of the laws Of 1877, does not au.
thorize survey by order Of district court Of
that part Of mine which is located beyond
the state line, in the state Of Missouri, even
though the only means OF access thereto ts by
a deep shaft located in Kansas.
Horton, G. j., concurring.
Johnston. j., concurring specially.
A true copy
Attest: C.J. BROWN,
[sEALl Clerk Supreme Court.
The advocate., 1894-02-14

the court to entertudgment thereon before the
last day ORgrace.
All the justices concurr1ng.
true copy.
Attest: G. J. BROWN,
fsEALl Clerk Supreme Court
The advocate., 1894-02-14
699l.


George W.',Frey vs. Anon Butler and GeorgeN n
Ktngsbury.
.Error from Norton County.
REVERSED.
SYLLABUS. BY THE COURT. JOHNSTON. ].
Unless debtor has by express declaration
or uneuuiVocal act relinquished the right to
claim an exemption Of personal property
seized upon execution, he may make the claim
at any time before the day Of sale; and the
fact that debtor who was entitled TO claim
two horses only claimed one Of them at the
time of levy, and informed the officer that he
would not claim another at the present time"
will not constitute o waiver nor preclude him
from claiming another at any time prior to
the sale.
All the justices concurring
A true copy.
Attest: G. J. BROWN,
[sEALl Clerk Supreme Court
The advocate., 1894-02-14
6979

l. NJ. Hitler vs. The wichita Overall and Shirt
Manufacturing Company.
Error from Cowley County.
REVERSED.
SYLLABUS BY THE COURT. ALLEN.
1. The fact that debtor voluntarily secures
bona fde debts due 70 some Of his creditors, by
chastel mortgages, 10 not alone sufficient 70
support an attachment against his property,
on the ground that he has disposed Of his
HIS creditors.
q Where an attachment 70 issued on nego-
table promissoTy notes not due, it IL error foe
The advocate., 1894-02-14

The Missouri Pacific Railway Company vs.. J.
A. Yawger.
Error from Rush County
DISMISSED.
SYLLABUS. BY TIRE COURT. ALLEN,
Chapter 245 Of the laws Of 1889, depriyes this
court Of jurisdiction to review an order made
by district court on motion to re-tax costs
where no other matter Is brought here for re-
view.
Horton, G. J., concurring
Johnston, j., dissenting.
A true copy
Attest: CO.. BROWN,
[sEALl Clerk Supreme Court.
The advocate., 1894-02-14

JF. Kingsley vs., R. NJ. Purdom.
Error from Allen County.
AFFIRMED.
SYLLABUa BY THE COURT. ALLEN.
L A principal debtor, whose debt Is secured
by mortgage on property owned by another
person, cannot by purchase Of the obligation
given to secure the payment Of the debt, and
foreclose the mortgage and subject the mort
gagged property to the payment to him Of the
debt Such attempted purchase operates as q
payment Of the debt
The evidence in this case supports the
findings Of fact made by the court.
All the justices concurring.
A true copy.
Attest: G. ]. BROWN,
[SEAL Clerk Supreme Court
The advocate., 1894-02-14
First published February IA, 1sOLl
Legal Notice.

oFEIcE OF TEE CITY TREAsURRR, !
LAWRENCE KAs., February z, 1894. !
The advocate., 1894-02-14

!. An agent Of . nonresident corporation
having general charge Of its local business in
. Kansas town, has no implied authority to
collect debts due his principal by q contract
for his own personal board, and person ow-
ing such principal debt, who furnishes the
agent board, under an agreement that such
thereof on the principals debt, does so ct his
own risk.
q Where under such q contract the agent
gives the debtor credit on the books Of the
principal for parts Of his board and charges
same from his salary, and these credits are
The advocate., 1894-02-14

Scott f. Poor VS.. M. M. Tuston, OF al.
Error from Dickinson County.
REVERSED.
SYLLABUS BY THE COURT ALLEN.J
Case reversed on the authority Of Muse vs.
Wafer, 20 Kas, 279.
All the justices concurring.
A true copy.
Attest: G. J. BROWN,
[sEALl Clerk Supreme Court
The advocate., 1894-02-14

Company, and The Southern Kansas Rail.
way Company VS.. w. M. Arnold and s. M. Ar
The advocate., 1894-02-14

The st. John & Marsh Company vs. John G.
CornWelL
Appeal from Stafford County.
REVERSED.
SYLLABUR By TIE Court. ALLENJ.
The advocate., 1894-02-14
In re John E. Carr.
Original proceeding in habeas corpus.

PETITIONER DISCHARGED.
The advocate., 1894-02-14

The City OF Topeka, ct al vs.. D. W. Boutwell,.
Error from Shawnee County.
REVERSED.
SYLLABUS. BY THE COURT. ALLEN,J
The advocate., 1894-02-14

Plaintiffs owned lots fronting on w. avenue
$50 feet from First street. Defendants lawfully
constructed their railroad along F. street,
crossing w. avenue. Under direction OF the
city authorities defendants graded W. avenue,
in front Of plaintiffs premises, as directed by
the city engineer. Held, That defendants are
not liable to plaintiffs for injuries to their
property caused by such grading
All the justices concurTing
true copy.
Attest: G. J. BROWN,
SEAL Clerk Supreme Court
The advocate., 1894-02-14

G. J. BROWN,
Clerk Supreme Court.