davidaulloa/AmericanStories huggingface dataset:
The advocate., 1897-11-03

return of the same nulla bona is a condl-
ton precedent which must be fulhlled
before the court can obtain Jurisdiction
under paragraph 1892, General Statutes
1889 g kas. Ct. App. $685.
2. The following return, Grinding no
property whereon to levy TO make the
amount Of this execution now return this
Kansas Court Of Appeals, Southern De,
partment, Central Division
No. 21O.
st. Louis a. San Francisco Railroad Com
pany plaintiff In error
vs.
c. b. Ludlam, defendant In error.
Error from Court Of Common Pleas OF
Sedgwlck County.
REVERSED.
Syllabus, BY the Court. schoonover, ].
Evidence Of single fire Is not sufficient
to warrant the Court of Appeals in sus-
raining verdict and judgment against a
railroad company, where the statutory
presumption has been rebutted at every
point by uncontradicted and satisfactory
testimony.
Kansas Court of Appeals, Southern De.
partment, Central Division.
No 212.
j. II. Allen and Penn Yetter, plaintiffs in
error,
VS..
W. l.. Brown. defendant in error
Error from Sumner County.
REVERSED AND REMANDED.
Syllabus. BY the Court. Milton, J.
A corporation can convey real property
in the manner prescribed by the statutes.
and not otherwise; and a deed executed by
corporation and having the corporate
seal must be held effectual as a convey
ance OF title as against an unsealed deed
of the same corporation for the same prop
erty, Notwithstanding the latter deed,
though made at later time was first re-
corded, and actual possession Of the prem,
ises was taken under it.
The advocate., 1897-11-03

AaHsas SUuIl OF appeals, southern De-
partment, Western Division.
No. 65.
The Kansas Grain and Live Stock Com
pany, plaintiff In error,
VS..
c. Hartstein, defendant in error.
Error from Edwards County.
AFFIRMED.
Syllabus. BY the Court. schoonover, ].
1. The rules Of this court upon the sub
Ject Of briefs were adopted to be observed
ana followed; and a disregard OF their
niialn require1m9ents by\a plaintiff IN error,
clent reason for the atiirmance of the
Judgment or dismissal of the case. OKan-
Sas Court of Appeals, 2, page 6l7)
2. The record examined: Held, that the
evidence supports the special findings and
the general verdict.
3, Where the Judgment rendered by the
trial court Is supported by the greater
weight Of evidence in the case and Tnust
necessarily have been rendered under the
law on tho facts presented, Il will not
be reversed because the instructions given
Ihe, trial court are indefinite but not mis-
leading.
All the Judges cOncurring.
Opinion filed October 81, 1897.
A true copy.
4sdsi{ Attegt; E. J. wEsTaATE,
by G. L. Garrlgues, Deputy Clerk.
Kansas Court Of Appeals, Southern De-
partment, Western Division.
No 12g.
Edward Heraughty, plaintiff in error
VS..
John Grant, defendant in error.
Error from Rush County.
DISMISSED.
Syllabus. BY the Court. Milton, J.
Where the plaintiffs demand and the
Judgment in his favor were for less than
$lOO and where the defendants bill OF par
ticuarS prayed for Judgment In q sum
greater than 500, but his evidence tended
TO prove an indebtedness to him on the
part OF plaintiff in the sum of $50 only:
Held, that in the absence Of q certificate
showing the case TO belong to one OF the
excepted classes the same should be dis
missed.
All the Judges concurring.
Opinion filed October 81 1897.
A true copy.
Attest; p. ]. WEsTGATE,
LSeaLl Clerk
The advocate., 1897-11-03

Kansas Court of Appeals, Southern De-
partment, Eastern Division.
/, W. 0. Champe, Clerk of the Kansas
Court of Appeals, Southern Department,
Eastern Division, do hereby certify that
the foregoing are true and correct copies
of the syllabi of the decisions in the above
entitled cases as the originals appear on
file In my office.
Witness my hand and the seal of said
court, affixed at my office in the city of
Fort Scott, Kas, this 22d day of October,
A. D. 1897.
[SeaLl w. 0. CHAMPE,
Clerk Kansas Court of Appeals, Southern
Department Eastern Division.
Kansas Court of Appeals, Southern De-
partment, Central Division.
F. w. and Sylvia A. Fox, plaintiffs in error,
VS..
The Harrison National Bank of Cadiz O.,
defendant in error.
Error from Marion County.
AFFIRMED.
Syllabus. BY the Court Dennison, p J.
/. A person who holds a promissory note
as collateral security, Is the owner and
holder thereof, as between such person and
the payers of the note, the same as IL
The advocate., 1897-11-03

? published November 8, 1877
Appellate Court SyIIabi,
Kansas Court of Appeals Southern De-
partment, Eastern Division.
No 191.
st. Louis a. San Francisco Railway Com
pany, plaintiff in error,
d. +. Tribbey, defendant in error.
Error from Wilson District Court.
AFFIRMED.
Syllabus. BY the Court. Schoonover, J..
1. Where railroad company prints rules
ana regulations for the transportation OF
live stock, at the top Of a sheet of paper
on which is printed the live stock contract,
ana I'm the contract refer to the rules and
regulations as follows. "That whereas
the st. Louis & San Francisco R'y Co..
as aforesaid, transports live stock only as
per above rules and regulations" Held,
that the rules and regulations form no
part OF the contract
2 A provision of a contract made by
railroad company with shipper to trans
point to another in this State that changes
Or limits the common law liability of the
company as common carrier, except when
made as provided by regulation or order
. of the Board Of Railroad Commissioners
is void
3. A common carrier cannot by contract
limit it's liability resulting from the gross
and culpable negligence Of its servants and
employees.
All the Judges concurring.
A true copy.
Attest: w. o. CHAMPE,
lSeall Clerk
Kansas Court Of Appeals, Southern De-
partment, Eastern Division.
No. 1893.
The Missouri Pacific Railway Company,
plaintiff in error,
VS..
Maude Chick, defendant in error.
Error from Franklin District Court.
AFFIRMED.
Syllabus. BY the Court. schoonover, ].
1. Where an ordinance is alleged in the
petition to have -been approved June 13,
1887, when in fact 1t was approved June
15, 1877, and the ordinance is further de-
scribed in the petition by title and number,
together with the allegation that it was in
full force and effect at the time of the
violation complained Of: Held, that the
defendant could not have been misled by
the failure of the plaintiff to state the
correct date of the approval of the or
dinance in his petition.
2. Where it appears from the record that
one Of the revised ordinances of the city
of Ottawa was offered in evidence, and
read from the revised ordinances of the
city of Ottawa, and 1t does not appear in
published: Held, that in the absence of
any evidence as to their inValidity, 1t will
be presumed that they were revised and
published as authorized by law.
g. The instructions complained of relat-
ing to the issue reviewed in this court
set forth: Held, that the Instructions
when construed in connection with the
clearly inform the jury as. to what ma
terlal facts must be found in order to
recover, or to bar recovery
that they are supported by the evidence,
and in harmony with the general verdict.
All the Judges cOncurring.
A true copy.
Attest: W. o. CHAMPE,
[SeaLl Clerk.
Kansas Court of Appeals, Southern De- |
partment Eastern Division.
/, w. 0. Champe, Clerk of the Kansas |
Court Of Appeals Southern Department, |
Eastern Division, do hereby certify that |
the foregoing are true and correct copies |
of the syllabi of the decisions in the above |
entitled cases as the originals appear on
WifneSS INV hand and tba cool 30 soy5 |
The advocate., 1897-11-03

| ldTBeIy upon the constructor OF the terms
| OF an ordinance Of city Of the second
class granting the defendants lessor the
| right to build and maintain its tracks over
| and along certain streets Of said city, 1t was
error for the trial court to leave the con-
| structlon OF the ordinance entirely to the
| jury without giving them any guidance
aus to the Interpretation thereof
Kansas Court of Appeals, Southern De,
partment, Central Division.
No. 16S
The First National Bank of Newton, Kas..
plaintiff in error.
F. L. Briggs and G. s. Miller, defendants
in error
Error from Court Of Common Pleas. Sedg-
wick County, Kansas.
AFFIRMED.
Syllabus. By the Court. Dennison, p. J.
!. The general appearance Of the plain
tir to contest motion to vacate an order
OF arrest cures any defect in the notice
by which the court obtains jurisdiction to
hear and determine such motion.
cutton against the person of judgment
debtor, can only consider such grounds
therefor as are included in the affidavit
required by section 5O7 of the code.
3. A court or Judge who allows an exc
cutiOn against the person Of q judgment
debtor, has the power to hear and decide a
motion to vacate the order Of arrest.
4. A statement made by Judge purport-
ing to be q reason for his ruling, is no part
of his order,
Kansas Court of Appeals, Southern De-
partment, Central Division.
No 1874
The Alliance Trust Company, plaintiff in
error,
August II. Barrett and Beulah Barrett
defendants in error.
Error from Harper District Court
REVERSED
Syllabus. BY the Court. schoonover, J.
A trial court has a very wide and ex-
tended discretion in setting aside and mod
flying proceedings had in it's own court
II 1t does so at the same term at which
the proceedings are had. (Hemme V.
School District, 30 Kas 377) But after
final judgment has been rendered and the
term expires, there must be substantial
compliance with the statute to give the
court further jurisdiction, which was not
done In this case
Kansas Court of Appeals, Southern De-
partment, Central Division.
No. 199
j. c. o. Morse, plaintiff in error,
VS..
G.. M. Cook, defendant in error.
Error from Sumner County.
REVERSED AND REMANDED
Syllabus. BY the Court. Milton, J.
Where the jury plainly disregards an
instruction of the trial court, it Is the duty
OF the court to set aside the verdict; and
where record is presented to the Appel
late court which shows that a verdict is
contrary to the law of the case as pre-
sented to the jury under proper instruc-
ttOns a new trial will be ordered notwith-
standing the court rendered Judgment in
accordance with such verdict
The advocate., 1897-11-03

All the Judges concurring.
Opinion filed October q, 1897.
A true copy.
Attest: u. ]. WESTGATE.
lSeaLI Clerk.
BY @. L. Garrlgues, Deputy Clerk.
The advocate., 1897-11-03

such person were the purchaser OF said
note.
g. The payment Of note must be made
to the owner and holder thereof or to his
agent authorized to receive such payment.
3. The record examined and no material
the action.
The advocate., 1897-11-03
Kansas Court Of Appeals. Southern De-
partment, Central Division.


No 14l.
Atchison, Topeka & Santa Fe Railroad
Company, plaintiff in error,
VS..
John Anderson, defendant in error.
Error from Sumner County
REVERSED.
Syllabus. BY the Court. Milton, j.
Where the nature and extent of a rail-
road company's liability, If any, depended
largely upon the construction Of the terms
Of an ordinance of q city of the second
class granting the defendants lessor the
right to build and maintain its tracks over
and along certain streets Of said city, 1t was
error for the trial court to leave the con-
structlon Of the ordinance entirely to the
jury without giving them any guidance
as to the Interpretation thereof.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-02-12
The American Apple Abroad.

WAsHISGToN, Feb. 1.-THE American apple
made a great market for itself abroad last year.
Our Consul Gsneral AT Frankfort says that the
victory has been one OF superior quality rather
than cheapness, and the German agricultural
papers make the astonishing statement that no
less than Il, 200. 900 double oentners OF our APP
pies more than twenty times the import OF any
previous season-cRme into the German empire
last year. The Consul-General thinks this gain
OF "A great market may be made permanent II
shippers are careful OF their quality.
Consul Monaghan. at ChemnitZ, says the
whole empire is alarmed by tho apple Imports,
and that the keeping qualities OF the best winter
variety astonlshed. The German growers, Even
from England, where the American apple IL
well known. there Is surprise at the great
volume of recent imports. Consul Meeker, at
Bradford, sending the state Department news
paper extracts ind eating that they have actu-
ally gluttsd the markets.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-02-12

Entries for tho Westminster Kennel Clubs
Dog Show. which commences Feb. 80 and con-
cludes Feb. 20. exceed all previous records.
With tho possible execution OF some English
nominations which may arrive on either tho
~. LOUIS or ~Servia. the total muster reaches
1.0+7. This number shows an increase OF
.hirty-hve over last years collection. which,
until the present exhibition, stood as u record.
A list OF the entries follow:
Mnslins, 10; ST. Bernards. 1853; bloodhounds. IL:
Great Danes, 81; newfoundland, 4; Russian wolf.
hounds. Is; deerhounds. IL; greyhounds. Y7i Eng.
lish foxnounds, II; American foNhOund-. ";
Chesapeake Bay DOGS, IL uoiuiers. 92. English
settlers. 90: Irish settlers. 90; Gordon settlers, H9;
neld spanisls. 81; cocker span;els. 80; collIes. 1OT;
English sheep dogs, 4: poodl-s. o.; bulldogs, 80;
Freuch bulldogs, ~; Uuil terriers. 10: Boston ter.
riers, Nv; Dachshunds, 0ei hcaRIcs. %: Irish ter.
rlers. 81; Scottish terriers, 49, fox terriers, smooth,
20; fox terriers. wirc'haired. -; BedIngton ter
riers, II; skya terriers. i, nardie pnmunt TOR,
rIers. 2; black and tan terriers. 20; white, English
terriers, l; w%hippets, 4; Schipperkes. p; Pom.
eranians, 5; Maltese terriers, Is; Yorkshire ter.
riers. los toy terrlcis, y; pugs, 22, toy spanlcls, a..
Italian greyhounds, I; miscellaneous, u. Total.
LOAF.
The Princess Knot. a winner In the noodle
classes in England, entered by :. G. Hodge OF
this city, VAS lost on the voyage over on board
tho Jersey CITY.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-02-12
me STOLEN AUTOGRAFHs.
Over Ioo Documents Missing from the Con-
GressionAi Library.

WASHINGTON, Feb. lit has been ascer-
talned that the robbery of priceless autographs
from the Congressional Library was effected by
means of duplicate keys. IL has been In prog
ress since last August. A partial examination
discloses over 100 documents missing. Tho
room in which they were kept was one OF the
upper chambers OF tho library. and the confu-
sion incident to tho change of quarters to tho
new building Is believed TO have facilitated tho
thofts.
The two clerks Of the Congressional Library.
Philip McElhone and Louis Mckay Turner, who
disposed OF some OF the missing documents In
New York, aud who are accused of tho theft,
waived examination before = United States Com
missioner this morning. Turner was committed
In default OF bail and McElhone WAS released
on 1000 bail.
Tho discovery OF tho abstraction OF these
documents has led to an order for the general eI-
animation OF the archives Of tho library. which
Representative Richardson of Tennessee. who.
by direction Of Congress, Ia compiling the state
papers OF tho various Presidents. from George
Washington down to Cleveland, nnds his work
report Of the Joint commission appointed to
explore and survey the boundary limo between
Maine and New Hampshire and the adjoin-
ing British provinces, which was trans
March s.. ls43. cannot be found in. any
printed form among the archives. The original
report Is In tho State Department. and from IL
MIR. Richardson learns that there were four
documents submitted in Al appendix, but only
one o. these uhe hrsp can be found. The fourth
uhe map was destroyed by fire, but IL supposed
To have been reproduced. Tho remaining docu-
ments have not been discovered In any form.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-02-12
To Regulate Ticket se.,per..

The New York Board OF Trade and Transpor-
tatIon adopted unanimously yesterday the fol.
lowing: Whereas. n bill Is now pending in
Congress known as II. X. 10000. Senate 3,545.
providing for the licensing OF persons selling
railroad ticketS and designed TO prevent tho
IRRESPONSIBLE sale of tickets; Resolved, that in
tho opinion Of tho New York Board Of Trade
and Transportation said bill is in the Interest
alike of railroad companies and the travelling
public and should become n law"
The bill, which is. an important one for tho
railroads.. has already received the Endorsement
OF a. number of commercial bodies and the
boards OF state Railroad commissioners IL
has also been recommended by the Interstate
Commission.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-02-12

Total


80, --
IL VIII Dc seen that only eight men were on
gsEesi. while ten will play on the boards to-day.
According to tho latest Information the Amori-
can team will be tho sam men AZ lAst year. with
tie sIcentIon Of Hard HeIms Teed and Ne.
Cutcheon xIii he Nh. .ddrinn. T.Im. ~.
champion OF tho Brooklyn Chess Club, 10 said TO
be in ins form. iced is one of tho most noted
OF American problemists and . strong player,
while McCutcheon has been selected upon the
recommendation Of SLowalter, who thinks q
great deal OF the Pittsburgh man.
Neither Bird, Burn, nor Tinsley will play for
the British this year. The team will be made up
as follows: Cole and Jacobs, winners OF The
cable tournament played at the British Chess
Club, London, recently; Lawrence, another
strong British amateur; Rellingham, winner OF
The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-02-12
RECIPROCITY WIN CANADA.
The Dominiou win Propose the Forma
uo. OF an I~ater.atioss Co..issioa.

WASHINGTON. Feb. 1l.-Sir Richard Cart
wright and the Hon. l. II. Davies. the Canadian
Ministers Of Commerce and Trade and Marine
and Fisheries. respectively. who have spent the
past week In washlng ton. comforting with tho
leading representative of both political parties
with reference to more extended trade relations
between the Dominion and the United States,
will return to Ottawa at noon tomorrow. Both
gentlemen this morning expressed entire salts
faction with the result OF their visit. During
their brief stay In Washington they have met
personally President Cleveland. Secretary Oh
ney. Speaker Reed. Senators Sherman. Aldrich,
Cullom. and Carter. and Representatives Ding
ley. Grosvenor. Hit, and Dolliver.
The Canadian Com missioners made clear to
direction Of . reciprocity treaty would be the
consisting Of two representative on the part OF
each country. who should investigate the sub
ject and report. They are satisfied that such
In vostigation will make clear to the American
Government the great advantages to be derived
from such an Arrangement. rs In their opinion
the more closely the question OF reciprocity In
trade 10 studied the more apparent to the minds
OF American statesmen will be the great bene-
fits that aust accrue TO the American mAnufAc.
turer and producer. Tho Invitation for tho
commission will originate with the Canadian
Cabinet, and IL will be formally sent to Mr.. Nc
Kinloy's Secretary Of State As soon as the new
Administration shall be In . position to con-
slider II.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-02-12
HESS
Everything Ready for the Cable Match Be-
tween Players s,As8 Miles Apart.

The second annual international team chess
match by cable between Great Britain and the
United States will begin at tho Brooklyn Acad.
envy OF Music and at the Hotel Cecil on the
Thames. London. this morning at 10 O'Clock.
Although the players will be 3.4S3 miles apart.
1t Is claimed that = move made either at Brook
Ign or London will DO known ct the other end
within n few seconds. 1t was shown last year
that playing chess by means Of the cable was
practicable. and there seems TO be no doubt In
the minds Of tho management that all the
games will be finished by tomorrow night at
the latest.
The arrangements At the Brooklyn Academy
Of Music. which were made by the match COM
mitteo OF the Brooklyn Chess Club. are perfect
in every detail. Tho players and q large num-
Der OF invited guests will be seated on the stage.
the orchestra will DO used by the reporters.
while the public will be admitted to all other
parts Of the house. Above the players and tho
stage will DO suspended giant chess boards with
IN ovable pieces, so that the spectators can
watch the play on all the boards. There will
also be q bulletin board. showing the pairing OF
the players. the openings. the number OF moves.
and tho results OF all games.
The contest played last year for the challenge
trophy presented by sir George Newnos was
won By the American team by the following
score:
The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-02-12
KaciuC at New Orleans.

NEW ORLEANS. Feb. ll.-weather very warm.
showery. Track a sea of mud to-day. About 1000
people were present, two f~avoritos winning turing
the day. summary
First Raee-seven furlongs. Dave r%ulsifer. 100
Garner. o TO I. won; Hailstone, III (Morse), b %
5. second; Gunwad, lOl Clay. sto l, third. Time,
1887.
Sc .ond. Race Seven furlopgs. Mamie L. Sister,
los Morse. to o. won; Double Dummy. % "A.
BARRETT. 10 10 !. seconds veEc~dor. i0a Warren,
10 to /, third. Time. l 40.
Third Race-six rurlongs. Domingo. l0s Cscher.
rerl, 8 Ia l. won; II. 100 tSonger), 8 to I. second;
Hanno Belle. 100 Taylor. 4 to I, third. Time,
l;22N.
Fourth Rsse-one mile and a sixteenth. Favor.
Inc, lOs Dorsey. 10 TO !. won; Marquise, 1903
"a. Barrctt,. g 10 I. second: Carrie Lee. % Cooley.
8 to l.. third. Time. 2;Oi0.
TO /. won; Sligo. lo4 lKebol. 100 to l. second; Ia.
vorita. % IT. Burns, 8 To I, third. Time. 1873.
sixth RA,e-Six furlongs. Miss Rowctt. 1903
(Morsel, I TO 8, won; GiIfordham, los lsougcr). 5
10 /. second; Bust Up, % Dorsey. 5 TO l. third.
Time. 1 :22lo,
The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-02-12
TOM WATsOS,s CONTEST.
Tho House Elections Committed Unaai-
mousIy Decides AgaInst Hin.

WAsHISGroS, Feb. IL. House Elections
Committee No. l to-day unanimously agreed to
a report. written by Mr.. Bartlett Of Georgia,
declaring that the sitting member from tho
Tenth Georgia district, Mr.. Black. is entitled to
his seat in tho contest brought against him by
Mr.. Watson, the late Populist candidate for tho
Vioo-Presidenc Tho report shows that tho
contention raised by Mr.. Watson of extensive
frauds In Riohmondc county Is not sustained by
the evidence. The conclusions OF the commit
ties are that the registration was fair. and that
the election was conducted In = proper and
legal manner. No votes were counted except
of tho voters.
Tho charge OF bribery. like other charges ad-
vRnoed by the contestant, IL found by the report
TO rest upon no substantial basis OF fact. Tho
evidence showed that In q few cases tho insig-
niiichnt sum OF 10 cents was paid to certain
negroes to cover the expenses OF their car fare
to and from the polls, and this action. while II 10
condemned by the committee, was not deemed
of bribery.