The Advocate and news., 1897-12-29

A true COPY
Attest: w. III. THOMPSON
[Seall Clerk.
Kansas Court Of Appeals, Northern De-
partment, Eastern Division.
No. 2S3.
H. B. CrOnkhite plaintiff in error,
VS..
The Evans-snlder-B Co., defendant in
error.
Error from the Court Of Common Pleas OF
WyandOtte County.
Syllabus. Wells, ].
/. The acts of a regularly employed at
t0rney OF record for the plaintiff in an
action pending in the courts Of this State,
within the apparent scope of his authority,
are in law the acts of the plaintiff unless
the parties with whom he deals has notice,
or the files of the case show that his au-
thority has been revoked.
g. A. litigant who accepts any substan-
tlal parts Of the benefits of q judgment
cannot afterwards prosecute a proceeding
in error to reverse the same.
Filed December IS, 1897.
A true copy.
Attest: W. III. THOMPSON,
lSeal.l Clerk
Kansas Court of Appeals, Northern De-
partment, Eastern Division.
No. 2S7.
u. c.. Skinner, administrator of the estate
of Nancy r. Harrington, deceased, plain
tiff in error,
]. M. Harrington, defendant in error.
Error from the District Court of Shawnee
County.
AFFIRMED.
Syllabus Wells, ].
Where husband and wife had separate
property and kept their business matters
distinct, and the husband at the request of
the wife and upon her promise to settle
with him therefor paid off a note given
by the wife and said note was endorsed
in blank and delivered to the husband:
Held, that said note in the hands Of the
husband was proper charge against the
estate Of the wife after her death.
A true copy.
Attest: w. H. THOMPSON,
ISeall Clerk.
Kansas Court of Appeals, Northern De-
partment, Eastern Division.
No 298.
The Joseph schlitz Brewing Company, a
corporation, plaintiff in error,
VS..
Howard II. Duncan, a minor who is under
the age of fourteen years, and who sues
herein by James Duncan, his father and
next friend, defendant in error.
Error from the Court of Common Pleas OF
Wyandotte County.
REVERSED.
Syllabus Wells, J.
l. This court will take judicial notice of
the beginning of the terms of the courts of
this State, and where 1t appears from the
record that a motion for new trial was
fled within three days after the verdict
that said motion was afterwards overruled
by the court before the time fixed by law
for the commencement Of the next term
thereof, 1t does affirmatively appear that
said motion was fled during the same
term that the judgment was rendered.
g. Where the petition alleges and the
evidence tends to show that the plaintiff,
by reason of the injuries received, would
be q cripple for life, and the doctor who
waited upon him and by whom the per-
manency Of the injury was attempted to
be proved, upon cross-examination had
testified that said injury could probably
be entirely cured by an operation, 1t was
reversible error to Withdraw said testl-
mony from the jury, over the objection OF
the plaintiff in error.
5. In an action for damages for negli-
gently injuring another, the giving of the
following instruction was reversible error,
viz:
"If YOU find that the plaintiff was In
iured by the negligence of the defendant,
without plaintiffs fault, taking into con-
sideration his age and apparent knowl-
edge, it is no defense that the act oc-
CURED through inadvertance, or without
the defendant, it's officers, servants, or eIn-
ployes, Intending it. In such case, in