davidaulloa/AmericanStories huggingface dataset:
The advocate., 1894-12-12

or explanatory averments is actiOnsble per Sc,
and ltbelous.
5, Where a defendant dictates slander or
furnishes a malicious statement TO . reporter
OF newspaper for publication. and with the
intention and understanding that 1t will be
published, and such reporter aiterwGfd com
mits it TO writing and causes it to be pub
llshed as given to him, the defendant Is re-
spOnsible for libel. although he may not see
what is written until after the same is pub.
lished, and especially Is this true In q case
where the defendant subsequently tndoFses
the publication rs correct and adopts 1t as his
own.
4. The refusal Of an instruction that ~the
mere fact Of communicating statement TO
person known to be q reporter OF o newspaper,
unaccompanied with request TO reduce the
same to writing, or to publish the same, Is not
sufficient tt.ef to justify the jury In arriving
at the conclusion that the defendant either
wrote or caused to be written or published,
or caused 10 he published the article," Is held
to be prejudlcial error.
g. A defect In the veriRc8tion OF an inform
alton is waived by pleading to the merits and
going to trial. (S'ate vs.. otey, Kss., 69)
Allen, j., concurring.
Horton, &. j., concurring specially.
Johnston, j., dissenting to 4th paragraph OF
syllabus.
true copy.
Attest: O.J. BROWN,
[sEALl Clerk Supreme Court
The advocate., 1894-12-12
REVERSED,
SYLLABUS.

l. An incumbrance may be defined to be
every right to or interest in the land which
may subslst in third persons, to the dlminu-
tion Of the value OF the land, but consistent
with the passing Of the fee by the convey
ance"
An outstanding lease Is an incumbrance
s. Where the lncumbrance Is an unexptred
term or lease, the general rule, at least In the
absence OF any special circumstances Is that
the measure Of damages will be the far
term. The underlying principle 10 that the
the real injury arising from the existence Of
the inCumbF8nce, which, In the case sup
posed. Is presumably and ordinarily the value
Of the use Of the premises for the time during
which the vendee has been deprived OF such
use.
When the premises, conveyed by deed
from o grantee to o grantor with covenant
against membranes, has q growing crop
thereon at the delivery Of the deed, belonging
to o tenant of the grantor and the grantee tS
deprived OF possession on account OF the un-
exp xpired lerm of the lease OF the tenant special
circumstances may exist to increase the
measure Of the damages Of the grantee, as
the value Of the crop, less the cost and ex-
pense OF taking care Of and harvesting the
same. may be considered in estimating the
real inju y to the grantee arising from being
deprived Of the possession OF the premises
until after the crop Is harvested and taken
away.
All the justices concurring,
A true copy.
Attest: G. J. BROWN,
SEAL Clerk Supreme Court
The advocate., 1894-12-12
1850
Georgia p Wallace va. The Travellers Ipsur.
ance Company, OF al.
Error from Crawford County.
SYLLABUS.

REVERSED.
SYLLABUS BY THE COURT JOHNSTON,
While w. and wife owned and occupied q
homestead she duly executed and acknowl.
edged q power of attorney appointing and
authorizing him as her lawful attorney "tO
sign deeds and mortgages, notes, checks, re-
leases, ETC., to loan moneys, to sue and be
sued, collect rents, make contracts, giving
and granting unto my said attorney full
power and authority to do and perform all
and any acts and things whatsoever requisite
and necessary To be done In and about the
premises. as fully and to all intents and pur-
poses as might'or could do II present, with
full power OF substitution and ratification,
hereby ratifying and confirming all that my
said attorney or his substitutes shall lawfully
do or cause to be done by virtue hereof" This
power of attorney was duly recorded In the
county where the homestead was situate.
More than two and one'half years afterward,
the power being still unrevoked, the husband
obtained loan and executed o mortgage 70
secure the payment OF the same, which he
signed for himself and also signed as attorney
In fact for his wife. In an action 10 foleclose
the mortgage 1t was contended by the wife
that con eyance OF homestead by virtue OF
power of attorney Ia unauthorized, and fur
ther, that the authority conferred by che
power OF attorney In this instance was too
general and indefinite TO authorize the execu
tion of mortgage upon the homestead He'd,
That the power Of attorney executed by the
wife was insufficient to express that Joint
consent which the constitution and statutes
of this state require In the alienation or en-
cumbrance OF homestead.
Horton, g. j., and Allen, j., conCurring spe-
cially.
Johnston, J., dissenting.
A true copy.
Attest: BROWN,
[sEAL] Clerk Supreme Court
The advocate., 1894-12-12

and made with the intent IN deceive the
grantee, such grantee may recover from the
RrantnT, as his measure Of damages, the differ
ence between the real value Of the premises
&C the date of his purchase and what they
would have been worth at that time, If the
Fepresentions had been true
All the justices Goncurring
A true copy,
Attest @. J. BROWN,
[sEALl Clerk Supreme Court
The advocate., 1894-12-12

Original Proceedings in Mandamus.
MOTION TO QUAsH OvERRULED.
sYLLABUs BY THE COURT. HORTON. c.
/. Where there is duty to levy and collect
q special tax to pay special class Of debts, or
tn interest thereon, as for example county
or township refunded bonds, and there Is no
valid defense alleged and no ques stton Is made
as TO the genuineness OF the bonds or coupons
and they are owned and in the possession OF q
bona fde purchaser, the court may grant
perez ptoTy writ of mandamus, at the instance
Of the purchaser, to compel the proper ON
GERS to levy and collect such tax prior 70
judgment at law upon the bonds against the
county or township.
q Although the original organization OF
Garfield county was without authority from
the constitution as 1t contained an area or
less than 432 square miles by actual survey,
yet, as the statute creating the county did not
show that its area was less than 4S2 square
miles and as 1t was not void upon Its face and
40 the county had de tGCt0 organization ana
as the records of such organization appear
regular and valid and as the state oficials
proclaimed the organization and 40 It's validity
was subsequently recognized by them and the
legislature, all of the bonds issued by Garheld
county under the provisions the statute and
IA regular form, while Its organization as
county was in existence, are valid obl1ge-
tions In the hands of bona fdp purchasers.
8 The township of Garfield in Finney
county is, as public municipal corporation,
the legal successor Of Garfield county, and
therefore, is liable for the valid debts created
by that county during Its detd to organization
or existence Chapter SO, sess. laws OF 1893
State, ct al vs. Rowe, ct al. Supreme court
journal U. P. ii.
Chapter so session laws Of 1879, permitting
counties, townships, etc, to refund
their indebtedness is prospective In
its operation; and under the provt-
sion OF the act a county Is organized to
refund its mAtured and maturing indebted.
ness OF every kind and description whatso-
ever, whether such Indebtedness was created
before or after the passage Of said chapter 30,
All the justices cOncurTtng.
A true copy.
Attest: Y. J. BROWN
[sEALl CIelk Supreme Court
The advocate., 1894-12-12
7198.
Horace Speed vs. Sarah A. Hollingsworth, ct al
Error from Cowley County.
REVERSED.
REVERSED.
BY THE COURT.
SYLLABUS.

1. In an action by the grantee against the
gFAntoF Of o certain farm, consisting OF 7l6
acres, to recover damages for alleged fraudu-
lent representations made by the authorized
agents of the grantor to the grantee, lone OF
the agents being the son Of the grantor and
living at the time Of the alleged representa-
tions upon the fanny in falsely stating the
number ofacres Of bottom land in the farm the
number Of acres OF corn growing upon the farm
and the past and present rentals OF the pas
ture land. although the grantee, who was
lawyer and could not by bare inspection and
examination tell how many acres field con-
tanned, was upon the farm just before his pur.
chase and saw portions Of 1t.
Held, That it Is no defence for the grantor to
show that the grantee might by careful in
spection, inquiry, survey, ETC., have discov-
cred the falsily Of the representations made
TO him TO induce him to buy the property, II
the grantee implicitly relied upon the repre-
senlRtions.
q Itmatters not that in o case where the
facts are as above stated, that the grantee,
who has been mtsled, may be said In some
loose sense TO have been negligent-tor II Is
not Just that q man who has deceived an
other should be pc trmitted to say TO him, "You
ought not to have believed or trusted me-" or
"You we're yourself guilty Of negligence"
8 II grantee in an action for damages
arising out Of the alleged deceit Of the granior,
or his authorized agents, In making the sale OF
certain real estate, whore the grantee has Inn.
plicttly relied upon the TepTeBentattong and
they are false as to material existent facts
The advocate., 1894-12-12
SYLLABUS.
JOHNSTON. j
BY THE COURT.

SYLLABUS BY THE COURT. JOHNSTON.
/. While the existence OF q corporation
dates from the time OF filing its charter, it
cannot be regarded as q com plete organization
scripGion books OF the corporation have not
yet been opened and no stock has been sub
scrlbed, nor can 1t be until q full and complete
organization has been effected In accordance
with the requirements OF the statute. Walton
vs. oliver, 40 Kss., 1O7
An indefinite agreement to subscribe for
capital stock IN corporation TO be organized,
which does not specify the amount Of capital
stock to be employ ed, what proportion OF the
capital stock the subscriber Is 10 take, nor
when or by whom the company ia to be organ
lied, cannot be enforced.
All the justices cOncurring.
true copy.
Attest: @. ]. BROWN,
lsRALI Clerk Supreme Court
The advocate., 1894-12-12
The State Of Kansas vs.. K. s. Osborn.
Appeal from Shawnee County.
REVERSED.
SYLLABUA BY THE COURT. JOHNSTON, ]
SYLLABUS.

KEW hhOEDs
sYLLABUs BY THE COURT JOHNSTON,
1. In O prosecution for libel, where the de-
fAmatOry words ale acttonable per SO, unam-
biglOus, and point out with certainty to whom
they are intended TO apply, no explanatory
Rverments are required In the information I;
but IL the words published do not refer with
certainty to the person 10 whom they were In
tended 20 apply, or II ambiguous and derive
their defRmatory import from eXtrinsic facts,
IL 10 then necessary that such extrinsic facts
should be alleged and explanatory ayerments
made.
a An information charged that the defend
ant knowingly, maliciously, devising and in
tending to injure, scandalize Willy and de-
fame one L., to provoke him to wrath, expose
him TO public ridicule, and deprive him Of the
benefits OF public confidence and social inter
course, did knowingly, unlaWfully and ma
llciously dictate and compose and cause 10 be
composed and written, q certain false, scan:
dalnus, malicious and defamatory libel OF and
concerning the said L., which Is OF the tenor
IL. and Others Of their gang are now at the
peniGentiary and have been for weeks board
Ing there trying to cover up their crooked
ness but IL can't be covered up. l will just
give you few facts: L. has for years been
supplying Doniphsn county with coal from the
state penitentiary mines. This coal was billed
to him Rs slack az 81 or 50 car, just enough 10
pay for loading 1t. and he IN turn sold IL to
Doniphan county for frst-class coal. and sup
piled all the county institutions with fuel In
this manner. This was frst-class coal, but he
bought 1t from the state as slack. This has
been going on for years."
1t then continued by an allegation that the
malicious and defamstUry statement was pub
lished in q newspaper to the scandal and dis
grace Of L., and contrary 10 the statute, etc.
Held, That the charge In the information
without the allegation Of other extrinstc facts
The advocate., 1894-12-12
Howard Hills vs.. The First National Bank Of
Clyde
Error from Cloud County.
AFFIRMED.
sYLLABUs Blythe CoURT. HORTON. G.

SYLLABUA by THE UUUHI, HUhIUN' o y
l. While the power Of the court to set-Off
judgments may be exercised in proper &C
tIon or proceeding brought therefor, yet II the
judgments are in different courts, plaintiff
may resort TO q garnishee proceedings to satisfy
q judgment obtained by him before justice
of the peace.
2. II amy portion Of the evidence admitted
upon the trial objected to is competent the
c'urt Il not compelled to exclude the whole
although a part ls incompetent, upon gen.
eral objection or a motion 10 exclude ALL
8 Where all the mate Ia facts in the case
are uncontradicted and the plaintiff Is en-
titled to q verViet thereon, the court may
properly direct verdict In his favor
All the justices concurr1nP.
Attest: O. J. BROWN,
SEAL Clerk SupEeme Court
The advocate., 1894-12-12

Error from Wyandotte county.
REVERSED.
SYLLABUa BY THE COURT. JOHNSTON,
1. The right to maintain an act ION OF re.
pleVin does not depend upon the taking out
OF On order OF delivery at or after the COM
meneement OF the action.
q 1t is an anclllaFy order, to be had at the
option OF the plaintiff upon the making OF an
affidavit and the giving Of o statutory under.
taking; but whether obtained or not, the
plainuR 10 still entitled to trial Of the main
ISSUE
8. At the commencement OF o repleVin &C.
tion an order or delivery was issued, under
which the property was delivered TO the plain
Tin. AfterwRrd upon o hearing, IL was ascer-
Geined that the suretles upon the undertaking
given TO obtain the order OF delivery had be-
come lns0lyent, and the court required the
plaintiff to give additional securities The
plaintiff was unable to comply with this order,
and Tor this reason the court refused his de.
mRnd for q trial, dismissed his action and
gave judgment against him; Held, That the
denial OF the trial and the dismissal Of she ac-
tion was error
All the justices coneurring
true copy
Attest: CO.. BROWN,
lsRALI Clerk Supreme Court.
The advocate., 1894-12-12
Published December 70, 1894
Supreme Court Sylabi
Rank Of Santa Fe, by Treadwell c. Cofman,
Receiver, VS.. The Haskell County Bank,
eG al
Error from Haskell County.
REVERSED.
SYLLABUS. BYTHE COURT HORTON C.J
SYLLABUS.

SYLLABUS. BY THE COURT. HOkTON' Q.
/. Where q judgment creditor has levied
upon personal property subject to the attach
ment of another party, he Is entitled to come
into court and move to discharge the prop
improvidently or Improperly obtained.
g. Where demurrer to petition 1s sus-
tained and thereupon the plaintiff, with leave
Of the court, files an amended petition substt-
tuting another party as plaintiff and by agree;
ment Of all The parties judgment Is rendered
upon the amended petition, the plaintiff can
not complain of the ruling Of the court in
sustaining the demurrer, or of the judgment
rendered In accordance with the agreement
Of the parties.
All the justices concurring.
Attest: BROWN,
[sEALl Clerk Supreme Court
The advocate., 1894-12-12
Rosa Werner and Emil Werner va. M. v.
Graley.
SYLLABUS.

SYLLABUS BY THE COURT. JOHNSTON,
/. In an action Of replevin the measure OF
damages for the wrongful detention Ia ordi-
nRrily the interest on the value Of the property
while wrongfully detained; but where the
property has usable value, the value OF the
use Of the property while IL Is 80 detained is q
proper measure OF damages.
O. A schedule OF the articles taken, with the
estimated value Of each, prepared by the
plaintiff some time before the trial, Is not
competent testimony to establish what arti-
cles we're wrongfully taken and the value OF
the same.
g. The value Of the property taken is to be
determined from Its value at the time and
place when and where IL was taken, and is TO
be proven by witnesses who are able to state
the value at hat time and place
All the justices cOncurring
A true copy.
Attest: G. J. BROWN,
[sEALl Clerk Supreme Court
The advocate., 1894-12-12

Patrick FinnegAn OF al, vs. Dennis Sale.
Original Proceeding in MandAmua
WRIT DENIED.
sYLLABUA By THE COURT. ALLRN,J
Chapter q Of the laws Of 1S9a entitled ~An
Continued on pGgs le.
The advocate., 1894-12-12

1907
william H. Weber and Matilda B. Weber, Next
Of Kin Of Myrtle g. Weber, deceased, vs.. The
Atchison, Topeka & santa Fe Railroad Com
pany.
Error from Cowley County.
REVERSED.
SYLLABUS. BY THE COURT. JOHNSTON ].
/. After the pleadings Of the parties had
been filed, q trial begun and each party had
made q statement Of the case TO the jury, Rn
objection was made to the admission OF any
testimony upon the ground that the petition
In connection with the statements made In
behalf Of plaintiffs failed 10 show right Of
recovery A cUlloquy then ensued between
the court and counsel for plaintiffs, In which
some admissions were made by the latter.
The court then sustained the objection, took
the case from the jury, and dismissed the ac-
The advocate., 1894-12-12
9932.

Lewis A. Riley vs.. The Township Of Garfield
in Finney County, etal,
The advocate., 1894-12-12

Amos B. Clark vs.. R. E. Fisher, ct al.
Error from Franklin County.
REVERSED.
SYLLABUS. Blythe COURT. HORTON, c.
The advocate., 1894-12-12
@. J. BROWN,
Clerk Supreme Court.
The Union Pacific Railway Company Ys.
Thomas ]. SternbeFgh.

The Union Pacific Railway Company VS.
Thomas J. Sternbergh.
Error from Douglas County.
REVERSED.
SYLJABUa By THE COURT. JOHNSTON, J
l. Where important special questions are
not fairly nor correctly answered by the Jury,
and some Of the special findings made are un :
supported by the testimony and inconsistent
with each other, the general verdict should
be set aside and new trial granted.
The testimony with reference TO the neg
ligence OF the railroad company In causing
the injury which the complaint was made ex-
amined, and 10 10 Held, That IL was sufficient
TO take the case to the Jury.
All the justices concurnng.
true copy.
Attest C.J.BROWN,
lsEALl Clerk Supreme Court
The advocate., 1894-12-12
G. J. BROWN,
Clerk Supreme Court
The Nemshs Coal and Mining Company, OF al
va. Settle q Keith.
AFFIRMED.

Error from Nemaha County.
The weekly messenger., 1894-05-12
Hall Vigilant Hook and Lad
der Co No u.
st. Martipyille, La, May 8, 1894.

st. M8rtinyllle, La, May 3, 1884.
Whereas the great and supreme Ruler
of the universe has in his infinite wis
dom removed from among us. one OF our
worthy and esteemed fellOw-lab0rers-
Dumas L. Hebert; and whereas the long
and intimate relation held with him in
the faithful discharge Of his duties In
this society makes it eminently be6t-
ting that we record our appreciation Of
him; therefore,
Resolved. That the wisdom and abili-
ty which he has exercised In the aid OF
our organization by service, contribu-
tions, and counsel, will be held In CRATE
full remembrance.
Resolved, That the sudden removal OF
such life from among our midst, leaves
a vacancy and a shadow that will be
deeply realized by all the members, and
friends Of this organization, and will
prove a serious loss to the community,
and the public.
Resolved. That with deep sympathy
with the bereaved relatives of the de-
ceased we express our hope that even 90
great loss to us all may be overruled
for good by Him who dOret b all things
we'll;
Resolved, That copy Of these resolu-
tions be spread upon the record Of this
organization, a copy printed in the local
papers and q copy forwarded to the
bereaved family.
L. j. Gardemal.
A. Orillion.
Henry Olivier.
The weekly messenger., 1894-05-12
IN MEMORIAN.

Dumas Hsbert, Died May 3rd 1894.
Castle Hall Of Centennial Lodge.
knights of Pythias No 100.
At q meeting of this Lodge held May
4, 1894. the following resolutions were
unanimously adopted:
Whereas, Almighty God In His Wise
Providence, has removed from our
numbers. our honored and much be-
loved brother Dumas Hebert, who was q
true and loyal member Of Centennial
Lodge, Knights Of Pytbias No 100.
Resolved, That in the life Of our de-
parted brother, we recognize the many
excellent qualities Of friendship, truth
and nobility Of character. He was a
true Christian Knight, aud his noble
and untiring services for this Order are
worthy of the cloest imitation.
Resolved. That In his death. our Order
has sustained the loss Of one Of its most
worthy. gallant and loyal members.
Resolved, That In the sad hour Of their
trouble, our w0rmest sympathies 70 out
to his bereaved mother and family.
Resolved, That as testimony of respect
to the memory Of our deceased brother
the members Of this Lodge shall wear
the habitual badge Of morning during
thirty days.
TA.k L.
printed with the proceedings Of this
Lodge. and that the keeper Of Records
and seal is instructed to send a copy OF
same to the family Of the deceased. and
that page In our proceedings be SET
apart as token Of our respect.
James Simon. Chairman.
VIM. B. Eastin,
T.J. Liable. Committee.
The weekly messenger., 1894-05-12
SATURDAY. MAY IL, 1894.
Catarrh Cannot be Cured

with LOCAL APPLICATIONS. as they
cannot reach the seat Of the disease.
Catarrh Is blood or constitutional dis
ease, and in Older to cure it you must
take internal remedies. Halls Catarrh
Cure ia taken internally, and acts direct
" on the blood and mucous surfaces.
Halls Catarrh Cure Is not quack me-
dicine. 1t was prescribed by one Of the
best physicians in this country for years
and is regular prescription. 1t Is COM
posed Of the best tonics known, c'm-
bined with the best blood purifiers. act
ing directly on the mucous surfaces
The perfect combinations of the two in
gradients is%hat produces such wonder
full results in curing Catarrh. Send for
testimonials, free.
FL. CHENEY & CO.. Props. Toledo. O.
usold by druggists. IS cts.
The weekly messenger., 1894-05-12
Cards of Thanks.
st. Martinville. May Z, 1894

st. Martinville. May Z, 1894.
Editor Messenger:
Sir:
Please allow space in your valuable
columns. to express our sincere thanks.
to the Members of the Ladies of Progress.
for kind attendance to my dear mother
during her illness, we will always feel
ourselves obligated to them, and we will
always be ready to do all in our power
to enhance its interests. Ne also ex-
tend our thanks to all thoss who parti-
cipated and assisted In the fuheral on
the sixth inst. Hoping that the eyes of
God will continue to watch over you all
is our petition.
Respectfully.
For the family. A. D. WILLIAM,
The weekly messenger., 1894-05-12
HOODS CURES.

In saying that Hoods Sarsaparilla
cures. its proprietors make no idle or ex-
travaRant claim. The advertising of
Hoods Sarsaparilla ia always within the
hounds Of reason, because 1t 'is true; 1t
always appeals to the sober. common
sense Of thinking people. and It is al.
ways fully substantiated by endorse
ments, which In the financial world.
would be accepted without a mement's
hesitation.
Read the testimonials published In be-
half Of Hoods Sareaparilla. all from re-
liable. grasfnl people.
They tell the story. Hoods Sarsapar.
lila Cug,.
The weekly messenger., 1894-05-12
Grds of Thanks.

We return sincere thanks to the Young
Ladies' Of the Convent School for the
bsns0t Of the New Convent; having
peoli1sd the sum of $685..
Their grateful teachers,
The Sisters Of Mercy.
The weekly messenger., 1894-05-12

HOODS PILLS are purely vegetable. and do
not purge, pain or gripe. Sold by all druggists.
The weekly messenger., 1894-05-12
Card of Thanks.

We sincerely thank the gentlemen of
Excelsior Brass Band;" also those who
assisted Us In any way at our Entertain
ment for the benefit of the New Convent
on Saturday May 5th.
The Pupils Of the Convent School.