The Advocate and news., 1898-08-31
In the Kansas Court of Appeals. Southern

In the Kansas Court Of Appeals, Southern
Department, Eastern Division.
I, w. o. Champe. Clerk Of the Kansas
Court Of Apepals, Southern Department,
Eastern Division, do hereby certify that
the foregoing are full, true and correct
copies of the syllabi Of the decisions in the
above entitled cases as the same appear
on file in my office.
Witness my hand and the seal Of the
partment, Eastern Division, this 23d day Of
August, 1S9S
[Seal. w. .. CHAMPE,
Clerk Kansas Court Of Appeals, Southern
Department, Eastern Division.
BY f. l.. Eaton Deputy.
In the Kansas Court of Appeals, Southern
Department, Central Division.
No. 35l
The American Fire Insurance Company of
Philadelphia, plaintiff in error,
The Buford e. George Implement Company,
defendant In error.
Error from Harper District Court.
REVERSED.
The opinion Of the Court was delivered by
Milton, j.
Where an insurance policy provided that
no action hereunder should be sustain
able in any court unless begun within a
term of one year after the date Of the
fire, and where in an action brought under
such policy by the general assignee Of as
sured parties an nterplea was filed, more
than two years after loss by fire, by a
judgment creditor of the plaintiffs assign
or, the interpeader seeking the benefit Of
any recovery obtained by the plaintiff;
and where before trial the plaintiff dis
missed his action, and the trial proceeded
between the defendant company and the
lnterpleader: Held, that the filing Of the
lnterplea marked the commencement Of
the interpleaders action, and that its right
Of action was barred; and further held
that a general demurrer to the interplea
raised this question.
Attest: w. A. AYRES,
[Seal.l Clerk.
In the Kansas Court Of Appeals, Southern
Department, Central Division.
No. 7A
The City Of Eureka, plaintiff,
vs.
Charles Jackson, defendant.
Error from Greenwood County District
Court.
AFFIRMED.
The opinion of the Court was delivered by
Dennlson, p. j.
/. Cities Of the second class have author
ity to regulate the sale of liquids which
contain alcohol In quantities not sufficient
to render them intoxicating.
2. The ordinance in question was evident
ly intended to regulate the sale Of non-in-
toxicatlng liquids, but II by inference 1t
attempts to authorize the sale OF intoxi-
eating liquids in quantities of over a
gallon at each sale, then so much of the
ordinance Is void.
Aliott All the Judges concurEEIng, .vnps
LSeall Clerk
In the Kansas Court Of Appeals, Southern
Department, Central Division.
No SI2.
Atchison, Topeka & Santa Fe Railroad
Company, plaintiff in error,
VS..
Mamie Lee, defendant in error.
Error from Chase District Court.
AFFIRMED.
The opinion of the Court was delivered by
Milton, J.
/. Where In an action to recover damages
for personal injuries resulting from the
negligence of the defendant the evidence
tended to prove permanent injuries to the
nervous system of plaintiff and especially
to the nerves of her face causing severe
and protracted attacks of neuralgia and
headache: Held, that the allowance Of one
thousand dollars for permanent injuries is
not so excessive as to indicate passion and
prejudice on the part of the jury against
the defendants