The Advocate and news., 1898-01-12

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oartment, Central Division.
No. 265.
The Mutual Benefit Life Insurance Co.,
plaintiff in error,
VS..
Wenze Kasha and Rosa Kasha, defendants
In error.
Error from the District Court of Republic
County.
N AFFIRMED.
Syllabus
]. A case-made attached to a petition in
error filed in this court cannot be amended,
supplemented or impeached as to the rul-
ings or orders of the trial court or Judge,
complained of and assigned for error, not
even by the stipulation of the parties or
the certificate Of the trial Judge
g. A judgment will not be reversed in
this court on the grounds that the trial
court erred in allowing the jury to separate
without being properly admonished, where
the record does not attirmatiVely and
clearly show that the jury did so separate
8. Where the plaintiff in error fails to
comply with subdivisions "b" and &C" of
rule six Of this court, we shall not search
very carefully for errors not specifically
Lolnted out, nor reverse the case unless
some reversible error is clearly apparent
All the Judges concurring.
A true copy.
Attest: W. H. GATES,
[Seall Clerk
Kansas Court of Appeals, Northern De-
paFtment, Central Division.
No 24S
c. Hoffman and c.. b. Hoffman, co-partners
as G. Hoffman & Son, plaintiff in error,
VS..
Peter Forslund defendant in eror.
REVERSED.
Syllabus. BY the Court. McBlroy, ].
1. A case-made may be withdrawn from
the files for authorization more than one
year after the rendition of the judgment
appealed from. $50 Pac Rep. 5O5.)
Q. A judgment entered by q Justice Of the
Peace which states: "The plaintiff sub
mitted his proofs and demanded 1udg-
ment. / do find that the defend
ants are indebted to the plaintiff in the
u failure Of the Justice of the Peace to
enter upon his docket the names OF wit
nesses sworn and at whose request.
8. The bill of particulars set out cause
OF action for damage for the wrongful TAX
ing and conversion of personal property,
the summons stated, ito answer to the
action Of Peter Forslund upon an account"
Held, the summons does not describe the
cause Of action in such general terms as to
apprise the defendants of the nature Of
the claim sued on.
Wells, j., concurring.
Mahan. p. j., having been of counsel, not
sitting.
A true copy
Attest: w. II. GATES,
LSeaLl Clerk
Kansas Court of Appeals, Northern De-
partment, Central Division.
No. 297.
The City of Lincoln Center, appellee,
VS..
Joseph G. Linker, appellant
Lincoln County.
AFFIRMED.
Syllabus. BY the Court.
1. An ordinance of city of the third
class, Regulating the sale Of malt, Amert-
can hop ale, cider or any other drink of
like nature, no matter by what name II
may be Called by prompting the sale
thereof in less quantities than one gallon,
or in separate bottles or packages, in any
room in said city not open to the public
gaze, is valid police regulation.
g. A complaint that charges a violation
Of the above ordinance in the language Of
the ordinance is good as against a motion
to make the same more specific, definite
and certain.
g. Where the witnesses upon whose testi
mony the city relied to make the convic-
ton upon one count had testified in the
Police court to but one sale, and testified
in the District court to two sales and that
he had both of them in mind when he
testified before, there is no variance be-
tween the offense Of which he was con-
victed In the Police court and the one upon
which he was convicted In the District
court.
"A complaint verified by person who