The Advocate and news., 1897-12-29

hduSHb COuIL Oh Apptdlot NOIlHSEu OS-
paTtment, Eastern Division.
No. 25S
Austin Mccrairy. plaintiff in error,
VS..
f. F.. Ware, defendant in error.
Error from Shawnee County Circuit Court.
REVERSED
Syllabus. Mahan, p J.
The plaintiff filed his petition against
the defendant In the Shawne County Cir
cult court, asking judgment upon prom
issOry note containing the following agree
ments: ITO secure the payment Of this
note, | hereby stipulate that, IL suit be
brought upon II In any court OF record
In the city Of Topeka, Kansas, hereby
authorize, irfevocably, any attorney OF
such court to appear for me therein at
any time hereafter, within the year 1882,
and enter an appearance therein for me
and file written waiver OF the Issuance
and service of o summons in such suit
The plaintiff selected an attorney OF the
court, who entered an appearance for the
defendant in writing, expressly disclaim-
ing any authority therefor except such
as was contained In the note. At sub
sequent term, Win without tIrtner % appearance, o Se
fault therein: Held, that such entry OF
appearance was without authority In law
and conferred no jurisdiction upon the
court.
Filed December IS, 1897.
A true copy
Attest. W. II. THOMPSON,
[seall Clerk.
Kansas Court OF Appeals, Northern De-
partnent, Eastern DIVISION.
No. 265.
George w. Roll, Warren L. Roll, William
Roll and William II. Roll, plaintiffs In
error,
Error from the District Court Of Doni-
phan County.
AFFIRMED.
Syllabus. Wells ].
/. In an action to quiet title to accre-
tlons formed by change Of the channel
OF the Missouri river, 1t was not error for
the court to allow the plaintiff to show
by evidence the chain or claim Of title
upon which his possession was founded.
2. It was not reversible error for the
trial court to refuse to admit In evidence
a tax deed which was void upon its face.
8. Where there is some legal evidence
that the plaintiff was In possession of the
the suit, judgment for the plaintiff will
not be reversed because the evidence upon
that question was conflicting.
Filed December IS, 1897.
true copy.
Attest: W. H. THOMPSON,
LSeal.l Clerk
Kansas Court Of Appeals, Northern De-
partment Eastern Division.
No. 27l,
The City of Topeka, plaintiff in error,
VS..
Mary A. High, defendant in error
Error from the Circuit Court of Shawnee
County.
AFFIRMED.
Syllabus. Wells, ].
l. In an action against city for the
recovery OF damages sustained by reason
OF an injury caused by defective Side
walk, II is not error to allow witness
to testify as to what the injured party
said Immediately after the accident as to
where she was hurt, neither was 1t error
20 allow the injured party to testify that
she was unable to sleep while suffering
from such injury
q While it was not competent to show the
condition Of the board sidewalk where the
accident occurred, four years prior to the
accident, the admission Of such evidence
was not reversible error In this case.
3. The court did not err In refusing TO
give the following Instructions:
''If you fnd from the evidence that the
| sidewalk complained OF was in said de-
| fective and dangerous condition, that the
same was open and notorious and had
! been In such condition for a long time
prior thereto. and that the plaintiff had
had opportunity prior to the date OF such
| injury to know the condition thereof, and
| II you further find that on the opposite
| side OF tho street and In plaintiffs usual