davidaulloa/AmericanStories huggingface dataset:
The Advocate and news., 1898-05-11
No. iO666
George w. Seward, ct al,
vs.. I.
Dora B. Seward.
Error from Lyon County.
REVERSED
Syllabus. BY the Court. Allen, j.

/. Where two opposing parties claim the
legal title to n sum OF money paid into
court by third the action is properly
triable by jury.
O. Proof Of intent to perpetrate a fraud
is not equivalent to proof Of the perpe-
tratlon Of It.
g. In an action involving the validity OF
an act Of person of enfeebled mind
which the PLAINTIFF charges was procured
by fraud and undue influence, In order that
the nature OF the act may be held Buf-
ficient OF itself to Justify the conclusion
that the party performing Il was unduly
Influenced, or overcome by fraud, It must
free exercise Of his Judgment would not
be likely to do. Where the act itself is
entirely reasonable and proper under the
circumstances II furnishes no basis for
an inference that II was procured by fraud
or undue influence.
T. The acts OF a person who Is Ill and
inlrm, but yet capable Of understanding
fully the nature Of what he does, cannot be
avoided merely because his near friends
and relatives In whom he places especial
confidence advise their performance, or
fairly and honestly exert their influence
to that end. In order TO avoid such acts
the influence must be unduly exerted for
the purpose of obtaining that which the
party influenced II allowed to exercise
his own free judgment would not have
granted.
All the Justices concurring.
A true copy.
Attest: JNO. MARTIN,
[SeaLl Clerk Supreme Court.
The Advocate and news., 1898-05-11

tions OF the plaintiff's petition that the
remedy sought 10 barred by the lapse OF
time, or that by reason OF his laches ne
is not entitled to relief, the defendant may
by demurrer avail himself OF the objection.
All the Justices concurrins.
A true copy
Attest: JNO. MARTIN,
[SeaLl Clerk Supreme Court.
The Advocate and news., 1898-05-11

HOGS--Receipts, 5000. Market steady 90
5o lower. Bulk OF sales, $3.5@4; heavies,
Q4; lights, sS.75q3SO; yorkers, SS.S5G&OO;
pigs, $3.50GD3,SO.
SHEEP 5000. Market weak.
Lambs, A.5OG5.40; muttons, SSQ45O.
The Advocate and news., 1898-05-11
Kansas City Live Stock.

Kansas City, May Q.
WHEAT-Hard sold SG10c above satur-
days close slow; soft, steady TO 10c higher.
No. 1 hard, $t.30GD131; No. g. si2SG1.30;
No. g. Sl25G1.2S;No 1 red, g1.4O No. 2,
&l,2CGf1.4O; No. g. $1.33GD1.35; No. 2 spring
H.2EGD128; No. 3, $1.22lp1.24.
CORN--Acelve, higher No. 2 mixed, Ah
GD35c.
oATs--Active, higher. No. 2 white, SS9
34ihc.
RYE-Higher No. 2, zoe.
HAY--Firm, active. Choice timothy, Sl1:
choice prairie, S10aQ1050.
BUTTER.-Weak. Creamery, 1SQl51Rc;
dairy, 11@14c.
EGGS--Weak. Fresh, &c.
The Advocate and news., 1898-05-11

For General Statutes OF Kansas 1897,
compiled by Judge w. c. Webb by au-
thority of Legislature (prlce $50, address
Kansas Statute Co., Topeka, KaB.
The Advocate and news., 1898-05-11
THIS WEEKS MARKETS.
Kansaa CIV OraIn and Produce.
Kansas CITY, Nav

I Kansas CITY, May o.
CATTLE 1900. Market weak
TO 10c lower. Texas steers, S3GD45O; Texas
cows, S3GD4,30; native steers, S9,9OGp5; ma
tive cows and helfers, $260q4.75; stOclters
and feeders, sS,5OQ5.l5; bulls, $2.s5646O
The Advocate and news., 1898-05-11
No. 1869.
Emil Werner
VS..
Rosa Werner.
Error from sedgwlck County.
AFFIRMED.

Syllabus. BY the Court. Johnston, J.
In an action wherein the marriage be-
tween twosparties is found to be void be-
cause one OF the parties had husband
or wife living at the time of the invalid
marriage, and a decree of nullity Is en-
tered, the court, while it cannot grant
alimOny as such, has authority to make an
equitable division Of property jointly ac-
cumulated by the parties while they lived
together as husband and wife,
All the Justices concurring
A true copy.
Attest: JNO. MARTIN,
[SeaL1 Clerk Supreme Court.
The Advocate and news., 1898-05-11
published May IL, 1882
Supreme Court SyIIabi.
No. lO62a

No. lO622
The Bank of Santa Fe, etc,
VS..
The Haskell County Bank, ct al.
Error from Haskell County.
REVERSED.
Syllabus. BY the Court. Johnston, ].
j. Az o general rule the doctrine Of res
adjudicata is not applicable TO motions;
and the fact that In q contest between
attachment and execution creditors II was
assumed and held upon a motion that the
execution had been levied upon the prop
erty and will not preclude party from
showing in later stage of the same pro-
ceeding that no levy was IN fact made
under the execution.
q An officer seized personal property
under an order Of attachment, and after
ward while the property was in his custody
an execution based on judgment against
the same defendant was placed In his
hands on which he indOrsed the time OF
receiving the same. Later he returned the
execution with an Endorsement that he
found no property liable to satisfy the
Judgment: Held, that the receipt OF the
execution and the Endorsement made
thereon did not operate as a constructive
levy of the execution on the property al
ready In the custody of the officer.
g. Dispositions may be treated as afii-
daVits and used I'm evidence In hearing
upon a motion, although they have not
been on file one day before the time of
such hearing.
Doster, c. j., and Allen, j., cOncurring
Johnston, j., dissenting from second par
agraph Of syllabus and corresponding pOr-
tiOn Of opinion.
A true copy.
Attest: JNO. MARTIN,
[SeaLl Clerk Supreme Court
The Advocate and news., 1898-05-11
JNO. MARTIN,
Clerk Supreme Court.
No. lO6S1.
REVERSED.

:
The Commercial Bank, ct al.
VS..
The Cheshire Provident Institution.
Error from Montgomery County.
AFFIRMED.
Syllabus BY the Court. Allen, j.
An unrestricted guaranty of payment
indorsed on a negotiable instrument is
negotiable and passes with the title to
the instrument.
All the Justices concurring.
A true copy.
Attest: JNO. MARTIN, +
[SeaLl Clerk Supreme Court.
The Advocate and news., 1898-05-11
No. 1902.

The City Of Leavenworth, ct AL,
John G. Douglass.
Error from Court Of Appeals.
REVERSED.
Syllabus. BY the Court Johnston, ].
/. The location OF union depOts and the
closing and vacation Of streets in cities
are within legislative contrOl and where
a city Of the first class in pursuance of
legislative authority provided for the To-
cation Of a union depot over a public
street, and at the same time closed and
vacated that portion Of the street upon
which the union depot was to he con-
structed, stipulatlng and requiring that
the Union Depot Company should purchase
q strip of ground a few feet away and
dedicate 1t as public street, as a sub
stitute for the one closed and vacated,
and the company then proceeded TO per-
form the conditions and TO erect the union
depot in accordance with the authority
conferred and the requirements made, the
the union depot so erected upon and over
vacated streets cannot be regarded as
NUISANCE, subject to be enjoined or abated
at the suit Of an owner OF property sit
uate in the vicinity Of such union depot.
3 Where II appears from the allega-
The Advocate and news., 1898-05-11


The Kansas Mill Owners and Manufac-
turers Mutual Fire Insurance Company
vs.
e. w. Metcalf
Error from Douglas County
AFFIRMED.
Syllabus. BY the Court. Doster, c. ].
An agreement in contract for the In
surance OF mill property made In an APP
phcatlon for the policy Of insurance Ito
keep a watchman on the premises at all
times when the mill Is not I'm operation, -
is not violated by the absence of the
watchman In a tent about 200 feet distant
from the mill building for q couple Of
hours preceding the breaking out of the
tire which caused the destruction Of the
property.
All the Justices ooncurring.
A true copy.
Attest: JNO. MARTIN,
[Seall Clerk Supreme Court.
The Advocate and news., 1898-05-11

Send to this ONCE for clubbing rates
with other papers. We can save you
money.
The Advocate and news., 1898-05-11
No. loss4.

No. 1O634.
Cornell University, New York corpora
tion,
VS.
John Parkinson, ct al.
Error from Franklin County.
AFFIRMED.
Syllabus.
l. Where aplaintiR brought an action upon
a note wheFeOn there had been interest
coupons, but which had been detached,
and asked judgment upon the principal
The Advocate and news., 1898-05-11
No 1O66S.

Jerome B. Handy
VS..
The Burton Land and Town Company,
ct al.
Error from Ellsworth County.
REVERSED
Syllabus BY the Court. Doster, c. ].
A mlsrecltal OF the date of the rendition
of a judgment made In a supersedeas bond
given to stay the execution of the iudg-
ment will not defeat an action upon the
bond, when the identity Of the Judgment
rendered as the one intended to be stayed
is clearly shown by other recitals in the
bond and by intrinsic evidence
All the Justices concurrlng.
A true copy.
Attest: JNO MARTIN.
[SeaLl Clerk Supreme Court.
The Advocate and news., 1898-05-11
No. 1896.

NO. 1USjb.
The First National Bank OF Seneca, Kan
Bas,
VS.
G. A. Lyman, ct oil.
Error from Court of Appeals, Northern
Department.
REVERSED.
Syllabus. BY the Court. Doster, G. j,
/. The statute (sectlon 60, chapter 1853,
General Statutes 1880 which requires the
managing officers of banks to furnish
to the assessor a list of their stockholders
and the amount and value of their stock,
and which declares that such banks shall
pay the taxes assessed upon such stock,
when construed In connection with other
statutes in pari mateTia does not author
lie a levy of tax warrants against the
property Of the bank to compel payment
by 1t of the taxes due from the delinquent
stockholders.
O. One who Is guilty of the wrongful
conversion OF anOther'S property cannot
mitigate the damages caused by his act,
by applying the property to the use of am
other against whom the owner has legal
recourse for its recovery, but against
whom he does not elect to proceed.
All the Justices cOncurring.
a true copy.
Attest: JNO. MARTIN,
[Seal.l Clerk Supreme Court.
The Advocate and news., 1898-05-11
No. 1860.
M. *. & T. Railway Company
VS..
Daisy McWherter.

M. X. & T. Railway Company
VS.
Daisy McWherter.
1 Error from Bourbon County
#& AFFIRMED.
Syllabus. BY the Court. Allen, J..
/. The rule that a settlement by and dis
charge of one Of two or more joint wrong
doors operates as discharge of both has
no application unless both are guilty Of
the wrongful act. A settlement with and
discharge of one not in fact guilty will not
affect the liability Of the wrongdoer.
g. The dismissal OF an action by an order
of the court, which in its terms provides
that 1t shall be without prejudice, does not
constitute bar to future action.
3. Letters Of administration granted to a
minor are not void, nor with the removal
of the Administrative from the State OPP
crate ipsO facto as q revocation of the let
ters. Neither the fact of minority, or OF
her removal, will constitute a defense in
an action prosecuted by her as administra-
triX.
All the Justices concurring.
A true copy.
Attest: JNO. MARTIN,
[SeaLl Clerk Supreme Court.
The Advocate and news., 1898-05-11

note without setting up OF asking iudg-
ment on the coupons, but on the contrary
golemnly declared In an agreed state
ment OF facts presented 20 the court that
all the coupons had been paid, and there
upon Judgment was rendered ana q mort
gage given to secure the debt was fore
closed, other parties to the proceeding,
who held liens on the mOrtgaged premises
without actual knowledge to the contrary.
had right to presume and TO act upon
the presumption that the interest coupons
had been paid.
q While the court has control OF SIS
Judgments during the entire term at which
construed or applied so az TO enable a
party TO take advantage OF his own negll-
gence or misconduct to the injury OF other
parties who may bo wronged thereby.
g. After n judgment lis pendens applies
for the purpose OF enabling the court to
enforce the Judgment or for other apprO-
pirate proceedings based upon the issues
on which a Judgment was rendered, but Il
cannot apply to new matters introduced
by amended or supplemental pleadings
until such pleadlngs have been filed. A
mere motion for leave to file such plead
ings does not impart constructive notice
OF the new issue to which II relates
A. The testimony examined and held to
be sufficient to sustain the findings and
judgment Of the court.
All the Justices concurrlng.
A true copy.
Attest JNO. MARTIN,
lSeall Clerk Supreme Court.
The Advocate and news., 1898-05-11
No. 1884.
James Y. KerwOOd
va.
r. 8. Ayres.

Error from Anderson County.
AFFIRMED.
Syllabus. BY the Court. Doster, c. J.
In actions for damages for the conyer-
sion of personal property, the defendant
under general denial Is not limited to
counter evidence OF the conversion
charged, but may impeach the PLAINTIFFS
claim of title to the property as fraudu-
lent or otherwise unfOunded
All the Justices cOncurring.
A true copy.
Attest: JN0 MARTIN,
lSeall Clerk Supreme Court
The Advocate and news., 1898-05-11

BY tho Court, Johnston, J.
Evening star., 1898-08-15
FINANCE AND TRADE
New York Follows Lcndon's Higher
Range of Prices.
ADVANCES EXTEND TO S Per CENT
low-Pnced Issues viii Soon CON-
mand Attention.
GENERAL MARKET REPORTS
Special Dispatch to The Evening Star.

Special Dispatch to The Evening Star.
NEW YORK, August 15.-Today's stock
market conformed strictly TO last weeks
predictions. and moved easily along the
lines established by the believers in higher
prices. London sent over a slightly higher
range of prices and reported a moderate
demand for the favorite international is
sues.
Following the foreign advance. the local
market opened well in advance of last
weeks closing parity and continued 20 i'm
prove under the impetus of an aggressive
commission house demand.
The accumulation of mail orders over
Sunday contributed largely to the early
buying, and started the day with an en-
thusiasm which large profits failed 20 en-
tirely overcome. In the railroad list ad-
vances extending to per cent were re-
corded. while in the industrial department
and D per cent were added to Saturdays
prices The buying had every appearance
of confidence, and was directly iraceabie
to sources of recognized conservatism and
experience
The pool buying of st. Paul was one of
the features of the day, large blocks of
stock being absorbed on an advance which
had almost no reactionary features. Large
earnings and lack Of effort to make the
stock reflect its Improvement in intrinsic
value have at last made an Impression on
certain financial interests and a period Of
adjustment is in progress in consequence
The Changers have been safe guides here
tofore, and a market responding to their
leadership will Tot easily be persuaded in-
to OVERRIDING.
The low-priced issues are to be consld-
cred seriously from now on, the specula-
tive demand is not likely to exhaust itself
while they are near their present level.
The movement in Northern Pacific COM
mon is likely to be duplicated in other
stocks in the very near future. Southern
preferred, IL not influenced by yellow fever,
being its logical successor. The entire list
is moving upward toward a permanently
higher level and the usual reactions can
scarcely fail to make a phenomenal show
ing for the fun year.
In the Industrial department a 4 per cent
advance in American tobacco was the fea-
ture, the stock at one time crossing sugar,
as previously predicted. This result Is
tirely consistent with trade conditions and
is likely to be emphasized still further. The
Rubber issues scored rapid and substantial
gains and have an abundance of merit TO
offer in Justification of present prices. Dis
elimination is a difficult task in such
market the one weak spot being Manhat-
tan. On a statement of earnings showing
decreases even in the presence of the Grip
pied condition Of the principal competitor
due to extensive inlprovements-its reaction
toward par is the natural penalty for q re-
rogressive policy.
Evening star., 1898-08-15
r REVlEW' OF :WARSHIPS
It May Be Held in New York Harbor Satur
day.
Being Considered by Naval OmciaIs-
Salute to BE Fired Mt
Grants Tomb.

The Navy Department has under favor
able consideration a review Of the principal
warships Of Admiral Sampson's fleet in the
harbor of New York next Saturday after
noon. -Four battle ships and two armored
cruisers of the fleet which rendered such
noble service of the coast of Cuba, cul-
fleet of Spanish warships, are expected to
arrive at the metropolis by the end of the
week. and in response TO a popular demand
the naval authorities are disposed to have
them pass in review through the harbor
tomb at Riverside Park
If present plans are carried out the ves-
sells will fire a salute at that point and re-
turn down the river to their anchorage in
the bay. It was first proposed that the
officers and men attached to the war fleet
should march in parade through the prin-
cipal streets of New York city, in order
that the people might give them a welcome
worthy of their efforts in behalf of their
country. but a suggestion to this effect was
not favorably considered at the depart
ment, where it was not thought proper, in
view of the severe hardships which these
men have undergone that they should be
subjected to the fatigues of a long march
So soon after their arrival at New York
The plan of having a naval parade met
with more favor, and will probably be
adopted. Acting Secretary Allen is some
what enthusiastic over the idea. ami unless
sCme good reasons are offered to the con-
trary he will issue the necessary orders
this afternoon. In case the naval parade
is determined upon, it viii be participated
in by the flagship New York and her sis
ter ship, the Brooklyn, and the four big
battle ships, Iowa, Oregon. Massachusetts
and Indiana. The Texas, now at New
York, may also take part
Evening star., 1898-08-15

Sales-regular csn-l2 O'Clock m.-Lincoln Ma
uonai Bank, at lie. Mergenthaier Linotype, 5
at 1s7. American Graphophone, 10 at I3
District of Columbia Bonds.-3.65s funding cur
rency, 112la bid
Miscellaneous Bonds.-Metropolits sn Railroad IS
l1e bid Metropolitan Railroad conv. 6s l29 bid
Metropolitan Railroad certificates Of indebt edness
A, Jos bid Metropolitan Railroad certificates Of
122 bid Eckingtoh Railroad es 100 bid. WASH
tngton Gas Company IS. series a, Il2ls bid. Wash
lngton Gas Company 6s, series b. lib bid. C. =
Electric Light deb. imp. los asked. Chesapeake
and Potomac Telephone IS. lO3 bid American Sc
curity and Trust 5s, loo bid. Mssonic Hall Asso-
citation 5s. 307 bid.
National Bank Stocks.-Bsnk OF Washington, 2S5
bid. Metropolitan, 3o5 bid. Central isa bid
Farmers and Mechanics. 1s1 bid. Second. I3g hid
Citizens, 13I bid. Columbia. l3o bid. Capital.
90 bid. Lincoln, ia bid. III asked.
Safe Deposit and Trust Companies s.-Nationnf
Safe Deposit and Trust. il3l2 bid, 1l5L asked.
Washington Loan and Trust i261s bid. American
Security and Trust, 1891 bid
Insurance stocks.-Firemen's, 2e bid. franklin.
IS bid Metropolitan, 10 bid. Potomac, o. bid,
40 asked. Arlington, l25 bid. German American.
$50 bid. National Union, 10 bid Columbia 1OA
bid Riggs, IA bid. Peoples, SIS bid. Lincoln,
9A bid.
bid. Columbia Title, AZ bid. 81 asked.
Railroad Stecks.-Cnpital Traction, 73N bid. "a
asked. Metropolitan, 121h bid.
Gas and Electric Light tStocks.-Washington Gas.
AN bid. Georgetown Gas. 4s bid. q. s. Electric
Light 1OI1s bid los asked
Telephone eStocks.-Chesapeake and Potomac. so
bid Pennsylvania, 81 bid
Miscellaneous Stocks. - Mergenthhler Linotype,
1S5% bid 1S7 asked. LaDston Monotype, 49, bid.
1874 asked American Graphophone. l2A bid, 13H
bid Pneumatic Gun Carriage. .25 bid. 80 asked.
xEx div.
Evening star., 1898-08-15
LATE ARMY ORDERS,

Leave OF absence has been granted the
| following officers on account of disability:
r X. Mccoy, 10th United States Cavalry.
extended ten days; Cadet Chas H Rich.
fourth class, United States Military Acad-
| emy, until August IS; Capt. ]. O. Anderson,
SD Michigan Volunteer Infantry. one
| month; Capt. William Lassiter 10Th Infan-
try, one month; Capt. Theodore Mosher, I'D
infantry, six months; Col. William H. Gard
ner, deputy surgeon general, U. S. A, four
months; Col ]. S. Switzer, 4th Infantry,
two months; Capt. ]. A. Penn, A. O.. one
month.
Ths following named officers have resign
ed: Col. Wendell P. Bowman, Ist Regiment
pennsylvania Volunteer Infantry; First
Lieut. 5. l.. johnson, 9th Volunteer Infan-
try; First Lieut. G. N. Jeuett Sth Massa-
chusetts Volunteer Infantry, and First
Lieut. A. A. Caswell. 14th Minnesota Vol
unteer Infantry.
The following officers have retired from
active service: Col. A. H. Brainbridge, 4th
United States Infantry, after forty years
service; Col. Hugh A. Theaker, 10th Infan-
try, after thirty years service.
Major VIM. H Arthur. chief surgeon, has
been assigned to the command of the Unit
ed States hospital ship Missouri
The following acting assistant surgeons
have BEEN assigned to duty: r. c. Rind to
Chickamauga; j. n. Goltra, to Fort Monroe
d., oiin -. w. boOtii, mOntdOk fO1nt.
Major Robert Burns surgeon has been
ordered to report to the commanding gen.
erai at Montauk Point for assignment to
duty.
Major c. L. Hickman, surgeon. has been
ordered to Montauk Point.
First Lieut.. K. n. Jones, jr., St1Infantry,
has been ordered to Montauk Point
First Lieut.. NJ. H Barnum adjutant 10th
United States Cavalry. has been ordered to
Montauk Point.
Chaplain Chas B. Carlisle. I'd United
States Volunteer Infantry, has been order
ed to report to the adjutant general of the
army and to proceed from Washington to
Santiago de Cuba to join his regiment
First Lieut.. p J. Reddy and I'd Lieut. B.
b. Daggett. United States Volunteer Sig
nal Corps, have been assigned to duty at
the Washington barracks.
The following named acting assistant sur
geons have been ordered to report to the
chief surgeon of the 4th Army Corps to
await transportation to Santiago: w. l.
Coleman of Houston, Tex; J. F. Cronin of
Savannah. Ga; L. De Poorter of New Or
leans. La: ]. B. SewelI OF Baldwin, La
Acting Assistant Surgeon w. J. Hughes
at Fort Monroe to await transportation to
Ponce, Port Rico.
The following-named acting assistant
surgeons have been ordered to Chicka-
mauga Park, Ga, to report to the com
manding general for assignment to duty:
T. H. Landon, from Canton, Ohio; H A.
Barnhardt. from Philadelphia
Captain w. c. r. Colquhoun. assistant
Quartermaster, has been ordered to this
city to report to the quartermaster Of the
army.
Major L. B. Almy, chief surgeon, las
been ordered to proceed to Montauk Point
for assignment to duty.
Evening star., 1898-08-15
QUARTERMASTER,S DEPARTMENT.
An Outline of the Vast Work of the
War.

Since the declaration of war the quarter
masters department has purchased six
teen large vessels and eleven small boats,
and has chartered sixty-six ships and boats
of various kinds for the transportation of
troops and supplies to Cuba, Porto Rico
Honolulu and the Philippines. Upon this
department has also devolved the duty of
equipping the entire volunteer force with
all articles of clothing. 1t has also had to
provide for all camp and garrison equipage,
arrange for camping grounds, water sup
ply and sewage facilities. 1t purchases
and supplies all the artillery, cavalry and
draft horses, mules and wagons, amhu-
lances, harness and forage and grain for
the animals. Thousands of these animals
and equipment for them have been pur-
chased during the brief war and about
1.ooo,oOo pounds Of hay and grain are now
needed to feed the animals All the trans
portaton of troops by rail, as well as by
ships, is under the direction of the quarter
masters department, and in this connection
1t has had to deal with railroads in every
part OF the Union, as the troops have been
transported from every state and territory
10 the dlherent general camps and from
tnese camps to the seacoast.
Some criticism has been passed upon the
Quartermasters department, but the Off
GERS beileve that in view of all that has
Deen zone in so Short time a great deal
mas been accomplished and In a most sat
lSfactory manner.