The Advocate and news., 1897-12-01
Kansas Court Of Appeals, Southern De-
partment, Western Division.

Error from Hamilton County.
REVERSED.
Syllabus. BY the Court. Dennison, p. j..
1. An affidavit that the facts stated In an
information are true and correct, is posi-
tive verihcatiOn OF the information and sur
< ficient to sustain warrant Issued thereon
2. An information which charges the de-
fendant with keeping a place where per-
sons are allowed to resort for the purpose
OF drinking, and making loud and bois-
ferrous noise In persistent ana habituaI Vio-
IatiOn Of the statute in that regard, Is not
sufficient to warrant the court In instruct
Ing the jury that they may find the defend
ant guilty, IL they find that he kept place
where persons are permitted to resort for
the purpose Of drinking intoxicating liquors
as q beverage, and II was the duty or the
court, upon the request Of the defendant, to
instruct the jury that they could not tind IND
where persons were permitted to resort FOR
the purpose Of drinking intoxicating liq-
uOrs as beverage
All the Judges concurring.
Opinion filed November 10, 1897.
Attest. e. j. wEsTGATE,,
BY G. l.. Garrigues, Deputy Clerk.
Kansas Court OF Appeals, Southern De-
partment, Western Division.
No. 1O6.
H. ]. Strange and ]. ]. summersby, plain
tiffs In error,
VS..
E. A. Hickerson, defendant in error,
Error from Ford County.
REVERSED.
Syllabus BY the Court. schoonover, j.
Where case is properly taken on error
from Justices court to the District court
by bill Of exceptions, the District court
may affirm the judgment and award execu-
ton to carry into effect the Judgment OF the
Justice in the same manner as X such Judg-
ment had been rendered in the District
taken on error from the Justices court to
the District court and the trial Judge so
finds, the petition In error should be dis
missed.
Dennison, p. j., concurring.
Milton, j., having been OF counsel not
Opinion filed November 10, 1897,
Attest. E. J. wEsTGATE,
[SeaL1 Clerk.
BY q. L. Garrigues, Deputy Clerk,
Kansas Court Of Appeals, Southern De-
partment, Western Division.
The Bank Of Santa Fe, by Treadwell C.
Coffman, receiver plaintiff In error,
VS..
w III EIuaao,, Co,,rt,, S,1onl, 90 IIo.I,ou
county, Kansas, and The Kern Rosenthal
Investment Company, corporation, de-
PENDANTS IN error.
Error from Haskell County.
DISMISSED.
< Syllabus. BY the Court. Schoonover, J.
/. "A case on appeal under the Civil Code
(Par. 646a) providing that in all actions by
petition In error the plaintiff In error shall
iile with the petition IN error certified
low. wherein the Clerks certificate re-
cited that the transcript contained true,
full and complete copies OF certain plead
ings, motions, entries, ETC., will be dis
missed because II does not state that such
comprised all the records and proceedings
IN the case" (Byers v. Leavenworth Lodge
81 Kas 32L)
w - 10 oOuhhb Oh ~ IRAN
script OF the record. the Clerk Of q District
court iS- not authorized to determine what
are or what are not material acts and pro-
ceedIngs OF the court but should make a
full and correct transcript OF the record
and proceedings In the cause and certify
the same as such and where he has not
substantially done so the petition In error
will be dismissed" Cook v. Challls. SIS
KaS S63)
AN the Judges concurrlng
Opinion fled November 10, 1891
A true copy.
Attest. h. J. WESTGATE,
[Heall Clerk.
BY @, H. Garrigues, Deputy Clerk.