The Advocate and news., 1898-02-09

- -.
Kansas Court Of Appeals, Northern De-
partment, Eastern Division.
No. 205.
The Bank Of Topeka, a corporation, and
The Central National Bank Of Topeka,
corporation, plaintiffs in error,
John G.. Miller, u, Miller and James b.
Watt, partners as John G.. Miller a Co.,
defendants In error.
Error from Shawnee County District Court
MODIFIED AND AFFIRMED.
Syllabus. Mahan p. j.
/. Defendants, apparently having possess
sion and control Of the goods OF the plain
tiff and with full knowledge OF all the
facts in relation thereto, having refused
upon demand OF the plaintins TO surrender
the same or permit the plaintim to take
them, asserting title and right OF possession
In themselves, cannot, In subsequent
suit by the plaintiff for conversion, as
sert as a defense that it was not in their
power to deliver the goods and that their
consent to a removal would not nave
avaIled the plaintiff in obtaining posses
sion.
2. An immaterial special finding Of fact Of
the Jury, upon a question not at issue in
the case, inconsistent with all the otner
findings OF fact, will not constitute an 9o-
stacle to the court rendering such Judg-
ment as Is warranted by the special find
lngs Of fact upon the issues Joined.
Filed January q, 1893.
Attest: w. H. THOMPSON,
[Seall Clerk.
Kansas Court OF Appeals. Northern De-
partment, Eastern Division.
No. 399.
James T. Smith, plaintiff in error,
vs..
]. 0. Benton, defendant in error.
Error from District Court of Pottawatomie
County.
DISMISSED.
Syllabus. Wells, ].
l. In an action Of forcible entry and de-
tainer where the only evidence OF the
amount or value in controversy Is that the
property was leased from April II to No
Vember /, 1880, for $l05, and the action was
brought on May 10 1890, to recover the
possession thereof for the unexpired por-
ton of the lease: Held that 1t does not
value in controversy exceeds the value OF
one hundred dollars.
2. Where the value of the matter in
controversy is attempted to be estabIlsned
by outside evidence, and several witnesses
swear that such value Is more than one
| hundred dollars, and other witnesses swear
that it is less than one hundred dollars,
we cannot say that 1t attirmatiVely ap-
pears that the matter in controversy ex-
ceeds the value OF one hundred dollars.
3. Section 8, chapter SO, laws Of 1896,
| limits the jurisdiction Of this court to re-
view such cases to actions involving more
| than one hundred dollars In amount or
| value
Filed January 27, 1898.
A true copy. .
Attest: w. II. THOMPSONt
LSeal.l clerk
Kansas Court Of Appeals, Northern De-
partment, Eastern Division.
No. SAG.
]. L. Pettyjohn and George w. Pettyjohn,
partners doing business as j. Il. Petty
john & Co.. plaintiffs In error,
vs.
Philip Newhart, defendant in error.
Error from Johnson County District Court.
MODIFIED AND AFFIRMED.
| Syllabus. McElroy, d.
| /. A mother-in-aw has the right as
against creditors to compensate her SON
! in-law for her board and living expenses,
where she lives in his family as member
thereof, without any previous agreement
| for compensation.
2. A conveyance where part Of the con-
| sideration is an agreement for future sup
| port of the grantor, where such grantor
! has no other property available for the
payment Of creditors, should be set aside to
the extent of the value Of such future
support.
Attest: w. H. THOMPSON,