The Advocate and news., 1898-01-05

AFFIRMED.
Syllabus. BY the Court. Milton, ].
/. Railway Company VS., Lycan, 81 Kan.
$50, followed as to construction Of the pc
tttion and as to the admission Of testi-
mony concerning the value of trees in
an apple orchard, In an action for damages
by fire alleged to have been caused by the
negligence Of railroad company.
2. Where the court failed to instruct the
jury that the true measure Of damages
was the diminished value Of the land on
which the trees were growing, and such an
instruction was not requested: Held that
failure to so instruct Is not properly as
slgnable as error
3. Where in such case the testimony
shows that the witnesses in making the
estimates Of the value of the trees de-
stroyed, regarded them as a part of the
realty, this court must infer, in the abb
sence Of any, finding or instruction upon
that point, that the jury considered the
trees In their actual relation to the realty
4. This court will not consider the ques-
tion Of the unconstitutionality of statute
Of this State after it's consttutionality has
been declared by the Supreme court
s. Refusal Of the court to give certain
questions to go to the jury: Held, not
erroneous.
All the Judges concurring.
A true copy.
Attest: W. o. CHAMPE,
BY e. L. Eaton, Deputy.
Kansas Court of Appeals Southern De-
partment, Eastern Division.
No 0O9
John Tschumi, E. F. Turner, Jacob ]. Hey
Jacob Anderegg, plaintiffs in error,
F. G. Hills, receiver, ETC., defendant in
error.
Error from Franklin County.
REVERSED.
Syllabus. BY the Court. Milton, ].
1Directors Of Kansas corporation have
no authority to change the number or
par value of the shares of its capital stock
as set forth in its charter.
O. The only provision in respect to any
change in the capital stock of corpora
tton after 1t is organized is found in Sec
tion I'LL, General Statutes of 1889, which
empowers the stockholders to vote an in
crease of the amount of its authorized
capital, and said section requires formal
certificate Of such increase to be made
by the directors and to be filed and re-
corded in the same manner as the charter.
3. Where the directors of corporation,
who had voted to increase the par value
of its stock, from one dollar each as the
charter provided, to five dollars each,
thereafter, and without any other authority
than such vote, issued shares purporting
to be Of the par value Of five dollars each:
Held, that such shares we're void
4. Where persons, who had taken such
invalid shares of stock and afterwards re-
turned the same, and received from the
corporation the money they had paid for
1t, under parol agreement made at the
dates of the transactions that such shares
such loans, were sued by the receiver Of
such corporation, after its insolvency, to
recover the money so repaid, and 1t ap-
peared that certain debts which were con-
tracted by the corporation while such stock
was outstanding remained unpaid Held,
that such parties were not liable as stock
holders Of said corporation to the credi-
tors represented by the receiver, and that
1t was error to render judgment against
them in favor Of the receiver for the
amounts returned to them as aforesaid.
All the Judges concurring.
Attest: w. o. CHAMPE.
'' BY e. L. Eaton Dsputy.
Kansas Court Of Appeals, Southern De-
partment, Eastern Division.