The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-06-15

ton county, ct al. Error from Norton county.
Affirmed Johnston, J.
A court of equity will not interfere by injnnc-
ton to prevent an injury which is merely theO-
reticaI in its nature. and an error committed by
the taxing officers of county which does not in
jure or affect the party complaining is no ground
for equitable interference with the collection OF
Ali the justices concurring.
No. 1918. The Atchison. Topeka & Santa Fe
Railroad company vs.. Josephine M Napole.
Johnston, j.
l. It is the duty of railroad company to not
only furnish reasonably safe machln Try and ap-
planes for the operation of its road. but to use
reasonable care and diligence to maintain them
in such condition.
2 Where defect in tool or fundamentally
is one which suddenly appears the company will
not be deemed to be negligent unless 1t is remlSS
in testing the tool or instrumentalty or knew or
ought to have known of the defects which
caused the injury.
3. In the present case a recovery was sought
for an injury to an cmplOye resulting from de-
feet in hand-car. and 1t appeared THAT those
in charge of the men who were using the hand
car had actual knowledge of the defect Held,
that those to whom notice of the actual impair
ment was brought represented the company.
and that it is bound by their knowledge and held
for their negligence.
4. Chapter 131 of the laws of 1889, which is
supplemental to section 422 of the civil CODE does
not create new cause OF action nor impose any
limitation on an existing one. It simply changes
the remedy by providing that a cause of action
given By section 422 shall not be lost Cd account
Of the non. residence of the deceased or non-ap-
vs. Rid Co, 50 Kas.. 769.
All the justices concurring.
No 1929. The State of Kansas ex. rel. F. B.
| Dawes ATTORNEY General VS.. John w Breiden-
| thai. Original proceeding in quo war; antO.
Judgment for defendant. Johnston. J.
| In 1891 an act of the Legislature WAS passed
providing for the organization of banks, the
regulation of the banking business. and author
| iZng the appointment of Bank Commissioner
! The act was passed in the closing days OF the
legislative session and did not take effect until a
| few days after the legislature had adjourned.
dad inf
| by and with the advice and consent Of the
| Senate a Bank Commissioner whose term of
Office should be four years and until his success
! SorEwaS appointed and qualified, but made no
provision for the filling of vacancies that might
J. was appointed by the Governor. and
the senate not being in session the appointee
| was not confirmed. He qualified and took pos
session of the office and continued to perform
all the duties thereof until his successor was APP
pointed and had qualified. At the next session
| of the senate, IN February. 1898, was appoint
! ed and his appointment was confirmed by the
| only provisional and temporary, and til com
mencement of the official term began to run
tlT to hold the ONCE for four years from
! the time of that appointment.
Allen J.. concurring.
Martin, O. j. concurrng specially
| Johnston, j., dissenting.
! No 1922. NJ A. Householder VS.. E. n. Nor
rill, governor. Original proceedings in manda-
mus. Motion to quasi. $, sustained Allen, j.
ernor is not officer inferior to this court and
| can not be compelled by mandamus to perform
| duty not strictly ministerial.
q MandamuS will not lie to compel the gov
ernor to revoke an order suspending member
of the board of trustees of charitable institutions
| based on charges preferred which the governor
deems Orthy of credit
All the justices cOncurring.
No 1874 The City ST Geneseo vs.. the Geneseo
Natural Gas Coal, Oil Salt and Mineral com
| pany and others. Error from Rice county. Re-
! versed Allen J.
! l. Chapter ia of the laws of 1887 entitled
/ n act authorizing counties and incOFDOrat6d
cities of the second and third class to encOur-
| age The deyelOpment of the coal natural gas
| 90 other raS6nrcas of thar GocaIitIaS nv s11h
scribing to the stock of companies organized
for such purposes" is unconstitutional and
| void
?. A subscription made by the city of Cen
eseo to the capital stock of a corporation or
| Veloping and operating natural gas, COAL OIL
salt and other minerals, is invalid, and although
| bonds are issued and accepted in payment for
| such capital stock, does not render the city
| stockhOIder in the corporation.
8. The city having issued It's bonds to the de-
| PENDANT corporation which it is alleged in the
| petition and admitted by the demurrer are valid
| PENDANT corporation the proceeds of such bonds
illegally issued to pay the City subscription to
ly conv by the defendants to their own
| use
All the justices concurring.
No 1871 C. D. Withrow, assignee, vs. The
| frem Wyandotte county. Reversed. Allen. j.
| - An unrecOrded chattei mortgage executed by
| an lnSOlVent DEBTOR is void as against the claim
| of an assignee for the benefit of creditors who
| obtain possession under the assignment of the
mOrtgaged property prior to the recording of
the mortgage, following Chaplin VS.. Jenkins. 90
| Kansas 385.
All the Justices concurring.
No. 1Olss. The State of Kansas vs.. Levi
| Chinault- Appeal from WyandOtte county Re
| verSed. Allen, J.
Where two informations charge the identical
assault on the same person, but differ as TO the
| intent with which the assault was made. one