The Advocate and news., 1897-12-08

/ HlKIleO the Dlll OL tACtDLluHh Ut
such succeeding term, Held, that the same
cannot be considered by the Appellate
court Estate v, Smith, S8 Kas. 94.)
Attest: W. A. AYREs,
LSeaLI Clerk.
Kansas Court Of Appeals, Southern De-
partment, Central Division.
No. $685.
The State Of Kansas, appellee,
VS..
John Tegder, appellant.
Error from Sumner County.
The opinion was delivered by yDennison, p, ].
/. Where there is an abundance Of COM
petent evidence introduced which conclu-
sively establishes certain fact, 1t is i'm
material that incompetent evidence Is in
troduced to prove the same fact.
O. A court is justified in allowing counsel
considerable latitude in his questions to
an unwilling witness.
g. A. complaint verified by County Attor-
ney upon information and belief, Is suti-
cient for all purposes under the prohibi-
tory law Of Kansas, except to- sustain
warrant when properly attacked.
A. To convict the defendant of maintain
ing a nuisance under the prohibitory liquor
law Of Kansas, the prosecution need not
rely upon sales which the complaining wit
ness had in mind at the time he verified
the complaint
5. The instructions refused and given have
been examined by us and no error found.
Attest: w. A. AYREs
[SealJ Clerk.
Kansas Court of Appeals, Southern De-
partment, Central Division.
No. 22O
The julius Wlnkelmeyer Brewing Associ-
alton, plaintiff in error,
j. B. Nipp, defendant in error.
Error from Cowley County.
The opinion was delivered by Dennison, P.J.
/. contract by which A agrees to- sell
certain packages Of beer, ETC., to B upon
the terms and conditions therein stipulated,
when ordered by b. is not completed con-
tract OF sale until B accepts the offer by
making an order.
2. The sale under such contract is not
completed until the packages are separated
and delivered to B.
3. Ordinarily delivery Of merchandise to
the carrier is delivery to the purchaser,
but when the seller pays the freight the
carrier is his agent and the delivery is
made at the place of its destination.
4. Where the freight charges are to be
paid in the first instance by the purchaser,
but were to be charged to the seller and
deducted from the price of the merchan-
disc; Held that the seller pays the freight.
s. Where A sells intoxicating liquors to
B and pays the freight upon them to Wich-
ita, Kansas; Held, that the sale is made at
Wichita
6. A brewing company which furnishes
person with barrels and kegs to be re-
tained by such person until the contents
are sold or disposed of, and then to be re-
turned to said brewing company, aids such
person In the sale or disposal Of such con-
tents and also knows that such person is
not to sell such contents in the packages
which belong to said brewing company
z. Where petition sets out sale of in
toXicating liquors in original and unbroken
packages in carload lots, under q contract
set out in said petition, in an action to
recover the balance due thereon, and where
there Is no allegation In such petition that
the intoxicating liquors were to be, or were,
used by the purchaser for the purpose of
making illegal sales thereof, and there Is
nothing in the contract Of sale to charge
the seller with notice that the purchaser
intended to use. the liquors for an illegal
purpose, and where the petition Is other
wise sufficient: Held. that the court erred
in sustaining demurrer to such petition.
Attest w. A. AYRES,
[Seall Clerk.