davidaulloa/AmericanStories huggingface dataset:
The Advocate and news., 1899-01-18

s-.-.----.----....-..--..
published January 1S. 1884,
Supreme Court SyIlabi.
No. l1O45
T. w. Harrison
Margaret A. shaffer, executrix, ct al
Error from Shawnee County
AFFIRMED.
Syllabus. BY the Court Allen, j.
1. The case Of Limbocker w. Higgln-
botham, So Kan. 696 followed.
2. A final judgment sustaining an at
tachment and ordering the property sold,
followed by sale, confirmation and sher-
ms deed to the property, are sufficient to
diVest the title of the debtor, and are not
open to attack for irregularlty by one who
had obtained no lien on the property Judg-
ment or otherwise until after the confrma-
tion Of the sale.
3. Where property has been fraudu-
lently conveyed by an lnsOlvent debtor to
his minor children and creator after hav-
ing prosecuted a claim against the debtor
by attachment on the land to final judg-
ment, and after confirmation OF a sale
hereunder TO him, obtains judgment
against the fraudulent grantees setting
aside their deeds and directing convey
ance to the purchaser of their apparent
title to the land. Held, that one who
was a simply contract creditor at the time
Of the conclusion Of these proceedings can
not attack any Of them for mere irTegu-
laTlties nor for q defective levy Of the at
tachment, the judgment debtor and the
fraudulent grantees having been personally
served and appeared and ltigated the ac-
tlOns.
4. In order to constitute lis pendens 80
as to affect persons acquiring an adverse
interest in specific property, the suit must
be prosecuted FOR the purpose OF asserting
some right In or relating to the identical
property. A suit against the assignee of
debtor for the purpose of obtaining pay
ment out of the assets In hts hands as O
preferred claim, where It Is alleged In the
petition that certain lands therein described
have been conveyed by the asslgnOT to
persons named with the intent to defraud
creditors, but where no judgment or order
with reference to such lands Is asked,
does not constitute a lis pendens with ref
ence to them, nor will the subsequent bring
ing in Of the fraudulent grantees as parties
defendant prior to obtaining any judg-
ment against the debtor constitute q lis
pendens until the plaintiff is In a position
to and does attack the fraudulent trans
fer, by an action In the nature Of a credi-
tors bill.
All the Justices cOncurring.
A true copy.
Attest: JNO. MARTIN,
Seal Clerk Supreme Court.
The Advocate and news., 1899-01-18
1896.
Missouri Pacific Railway Company
VS..
Charles Moffatt, ct al,
Error from WyandOtte County.
AFFIRMED

AFFIRMED.
Syllabus. BY the Court Johnston, J.
l. A petition alleging negligence In gem
eral terms may be amended so as TO set
forth definitely of what such negligence
consisted although the STATUTORY period OF
limitation for the bringing of such an ac-
tion has expired when the amendment Is
made.
2. Proceedings in revivOr are not neces-
sary in substituting new next frlned for
one who had previously acted in behalf Of
an infant,
3. The fact that man killed on railroad
crossing was careful ana sober, and had
previously exercised due care In passing
over the same crossing, tencs to repel any
inference OF negligence arising from the
mere fact that he went upon the track
when n train was approaching
l. In an action by the next of kin to
recover damages for death caused by the
wrongful act of the defendant, IL is not
essential to a recovery that any witness
shall have testified to the pecuniary value
OF the deceased's services or the profits
which he derived from his business, hut
ordinarily a sufficient basis for an award
Of damages may be found in the character,
The Advocate and news., 1899-01-18

habits, capacity, business and condition OF
the deceased, as well as the age, SEX cir
cumstances, and condition In life OF the
next OF kin.
8. Theaction OF thecOurt In permitting the
withdrawal by plaintiffs Of a list OF special
submitted to the Jury, win not be deemed
pTeiudlclal error where II does not appear
that the special questions which were sub
mitted In behalf OF the defendant were
framed with reference to those asked by
the plaintiffs and allowed to be withdrawn,
or that the defendant was In some way
preiudicIally affected by the withdrawal
6. The evidence examined and held to
be sufficient to sustain the verdict and
findings.
All the Justices concurring.
Attest. JNO. MARTIN,
Tseal1 Clerk Supreme Court.
The Advocate and news., 1899-01-18
f)96S


william r. Corlett ct al,
The Mutual Benefit Life Insurance Com
pany ct al.
Error from Cowley County.
AFFIRMED.
syllabus. BY the Court. Doster, C. j.
An answer setting UP the Statute Of
Limitations to petition for the foreclosure
of q mortgage, followed by a prayer for the
cancellation of the mortgage and the quiet
ing of the defendants title to the mort
gagged premises is not q set-oH or counter
claim, and upon the dismissal of the plain
tins action, does not entitle the defendant
chapter 95, General Statutes 1897, of the
issue presented
A true copy.
All the Justices concurring. -
Attest. JNO. MARTIN.
TSeal. Clerk Supreme Court
1lO27
Standard Oil Company. ct al,
c. Fl. Angevine.
Error from Court of Appeals. Northern
Department.
DISMISSED.
Syllabus. BY the Court Doster, {. J.
Chapter 1Ol, General Statutes 1897 pro-
hibits the sale OF intoxicating liquor eX-
cept for medical scientific, and mechanical
purposes, and chapter us, General Stat
than Intoxicating liquor from sale upon
The Advocate and news., 1899-01-18

legal process for the payment OF debts.
The question whether In view OF these two
provisions OF the law intoxicating liquor
OF Judgment, Is one which involves the
Interpretation and not the constitutional
validity OF statute, and II cannot be,
therefore, brought from the Court OF APP
pealB to this court as q matter OF right
All the Justices concurring
A true copy. -
Attest: JNO. MARTIN,
TSeal Clerk supreme Court.
The Advocate and news., 1899-01-18

In the Supreme Court of the State of
Kansas.
|, Jno. Martin, Clerk of the Supreme
Court of the State of Kansas, do hereby
certify that the foregoing are true and cor
rect 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 Su-
preme Court, this 7th day Of January,
1899.
Attest: JNO. MARTIN,
TSeal.1 Clerk Supreme Court.
The Advocate and news., 1899-01-18
1906.
c. d. Smith Drug Company
vs..
The First National Bank of EmpOria.
Error from Lyon County.
REVERSED,

Syllabus. BY the Court. Doster, C. j.
/. When the validity OF chattel mOrtg-
age upon stock Of drugs and druggist $
sundries Is challenged upon the ground that
1t covers Il quantity OF intoxicating, liquor
and was taken by person who did not
have permit to sell such liquor to secure
a debt due to him; and the description OF
the mOrtgaged goods In general and does
not specifically mention intoxicating liquor,
II Is competent for the mortgagee to TESTIFY
that when he took the mortgage he did
not know or understand that such liquor
was included in the stock upon which the
security was taken.
q While O druggist who has no permit
to sell intoxicating liquors may lawfully
keep and use them for the purpose OF COM
pounding for sale tinctures, medicines and
other Notwithstanding ingredients; yet,
his right to do so does not justify a
mortgage Of them for the purpose Of Sc
curing a debt due to a creditor who has
no permit to engage in their SALE
Johnston, j., and Allen, j., Concurring
Doster, G. j., COncurring specially.
A true copy,
Attest: JNO. MARTIN.
TSeal.1 Clerk Supreme Court
The Advocate and news., 1899-01-18

tlon which does not contain any Of these
essentials is insufficient.
All the Justices concurring.
Attest: JNO MARTIN,
ISeal. Clerk Supreme Court.
1O95l
Jacob M. Crawford, ct al.
VS..
Lovina Crawford.
Error from Coffey County.
REVERSED.
Syllabus. BY the Court Johnston, ].
Declarations as to title and ownership
Of land, by one in possession OF the same,
who is not party to the action, and which
are not against his interests, do not ac-
company the execution Of conveyance or
any act Of possession, nor relate to the
extent Of his possession, and have no legiti-
mate connection with or tendency to
qualify any act which Is the subject OF
inquiry, but are mainly narratives or past
occurrences, do not constitute part Of the
res gestae and are not receivable in evil
dence.
All the Justices concurring.
true copy.
Attest: JNO. MARTIN,
TSeal Clerk Supreme Court.
1O964.
s. B. st. John,
VS..
I. A. Strauss, ct al.
Error from the Circuit Court of Shawnee
County.
REVERSED.
Syllabus. BY the Court. Johnston, J.
An action by one creditor to subject
property to the payment Of Judgment IN N
lien upon the property, binds one who
purchases during the pendency Of the ac-
ton, so far as the rights OF the plaintin are
concerned, but the lis pendens does not
extend to other claims not mentioned in the
pleadings or judgment, nor operate to the
benefit Of other creditors who are not par
ties to the action.
All the Justices concurring.
A true copy. -
Attest JNO MARTIN,
GSeal. Clerk supreme Court
1O9S7.
The Grand De Tour Plow Company,
VS..
Rude Brothers Manufacturing Company
Error from sedgwick County.
REVERSED.
Syllabus. BY the Court. Johnston, J.
l. A receiver appointed to take possess
sion of property involved in the litigation
during the tendency of the suit, who does
not stand as the representative OF any or
the parties, nor file any pleadings in the
case, is mere stakeholder, and Is not
necessary or proper party in a proceeding
in error brought to review the Judgment or
the trial court
and In the absence of actual
fraud q corporation, though insolvent, and
though ii has ceased, or determined to
cease doing business. may prefer certain
creditors over others, whenever a natural
person could do so.
All the Justices concurring.
Attest: JNO. MARTIN,
TSeal1 Clerk Supreme Court
In the Supreme Court of the State of
Kansas
Court of the State of Kansas do hereby
certify that the foregoing are true and cor
rect 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 Su-
AaNr Of TnN
The Advocate and news., 1899-01-18

|
All the Justices concurring
A true copy.
Attest; JNO. MARTIN,
! TSeal. Clerk supreme Court.
11O12.
Mary H. Pierce,
The Topeka Commercial Security Company
and Clifford G. Baker.
Error from Shawnee County.
AFFIRMED.
Syllabus. By the Court. Johnston, ].
| A stockholder in corporation who has
paid the full face value OF his stock, when
| proceeded against by a creditor OF the
| corporation to enforce the statutory lia-
! bility for the debts OF the corporation, may
show by way Of set-off that the corporation
is indebted to him upon bona tlde claims
and demands which accrued before he be-
came liable as such stockhOlder.
All the Justices concurrlng.
A true copy
Attest: JNO MARTIN,
| TSeal.1 Clerk Supreme Court.
11OO9
The City Of Kansas City Kansas
VS..
Grace File, ct al
Error from Wyandotte County.
AFFIRMED.
Syllabus. BY the Court. Doster c. j.
l. When an electric light wire in q city
breaks and falls down and remains IN the
street for three weeks constituting thereby
Il dangerous obstruction to travel and
causing injury to q passeT-by, both the
city and the electric light company are pre-
sumed from the lapse of time to have
knowledge Of its condition. and dangerous
character, and both may be Joined in an
action for damages Tor injuries resulting
from their negligent omission to cause the
wire to be repaired, Doster, c. j., dis
senting)
2. In an action for damages against two
Joint tort feasOrs, the court may, after YER
dict against both, for good cause refuse
new trial to one while allowing 1t to the
other.
Doster, C. j., dissenting from FIRST para
graph of syllabus.
Johnston, j., and Allen, j., eoncurrlng.
Attest: JNO. MARTIN,
JSeal.1 Clerk Supreme Court.
1O969.
The National Mortgage and Debenture
Company
VS.
Ephraim ]. Lash, ct al.
Error from Reno County.
REVERSED.
Syllabus. By the Court. Allen ].
Where an action is brought on a written
contract not in the possession of the
plaintiff and the substance only Is at
tempted to be set up in the petition, and
the defendant by an unveriied answer de-
nles the aVerments OF the petition and
the case Is tried through on the theory
that the terms of the contract are in issue,
and afterWard on second trial where the
plaintiff himself attaches a copy of the
contract which was, In fact, executed, to
his deposition and swears that his action
is founded on such contract 1t is an abuse
of discretion for the court to refuse to
permit the defendant to verify its answer,
and to exclude proof of the contract, in
fact, made and Of facts tending to defeat
the plaintiffs cause of action under It.
All the Justices concurring.
A true copy. -
Attest: JNO. MARTIN,
TSeal!1 Clerk Supreme Court
1O94S
c. ]. Phelps, Administrator,
VS..
Henry Lodge, Mayor, ct al.
Original proceeding in mandamus.
JUDGMENT FOR PLAINTIFF.
Syllabus. BY the Court. Allen, ].
The Advocate and news., 1899-01-18
AFFIRMED.
Syllabus.

Syllabus BY the Court Johnston, j.
A judgment was rendered against the
defendant and execution for Its enforce
ment was issued. The defendant desiring
to prosecute proceedings in error a stipu-
latiOn was made with the plaintiff that a
certain amount of money should be paid
by defendant to plaintiff which would be Il
full satisfaction of the judgment in case
1t was affirmed, but II 1t was reversed the
money so paid should be restored to the
defendant. The money being paid and the
judgment reversed, the trial court on mo-
tion OF the defendant ordered a restitu-
tlon OF the money so paid. Held, that the
court was warranted In enforcing restitu-
tion in a summary manner In that action
upon the motion OF the defendant.
A true copy.
Attest: JNO. MARTIN,
Seal. Clerk Supreme Court.
The Advocate and news., 1899-01-18
1O94S.
lU946.
c. ]. Phelps, Administrator,
VS..
Henry Lodge Mayor, ct al.
Original proceeding in mandamus.
JUDGMENT FOR PLAINTIFF.
Syllabus By the Court Allen ]

Syllabus. BY the Court. Allen, ].
/. The mayor and council of n city Of the
third class may be compelled by manda-
mus to levy taxes to pay a judgment rem
Of all city taxes cannot exceed four per
cent.
3 While the statute permits city to
fund it's Indebtedness, II 1t refuses to ex-
erCise its option to do 80, it then becomes
the duty of the mayor and council to levy
taxes for the payment of judgment duly
rendered against the city, and the per-
mandamus,
g. The court has some measure OF discre-
tiOn in awarding wTits OF mandamus, and in
requiring levies of taxes they will not be 80
The Advocate and news., 1899-01-18

employed as to impose an unnecessarily
oppressive burden at one time. In providing
for the payment Of large judgment the
whole amount may be appOrtiOned and col
lected part at time by successive levies
All the Justices cOncurring.
a true copy. -
HTtest: JNO. MARTIN,
TSeal1 Clerk Supreme Court.
The Advocate and news., 1899-01-18
F. M. Bilby, ct al.

Original proceeding IN quo WarrantO.
JUDGMENT FOR PLAINTIFF.
Syllabus. BY the Court. Allen, ].
It is essential to a valid order Of the
board Of county commissioners incQrporat-
ing city Of the third class that 1t show
the taxable inhabitants Of the town are
in favor of such incorporation, that the
number of inhabitants exceeds two hum
dred and fifty and does not exceed two
thousand, and that the order designate the
metes and bounds OF the city as estab-
lished by the board. An order Of incorpOra-
tion which does not contain any Of these
essentials is insufficient
All the Justices concurring.
A true copy. -
Attest: JNO MARTIN,
TSeal1 Clerk Supreme Court
The Advocate and news., 1899-01-18
tO953.

The State Of Kansas ex rel. L. c.. Boyle,
Attorney General,
The Advocate and news., 1899-01-18

The First National Bank of Fort Scott
The evening times., 1899-07-06
DIVORCED FOR CRUELTY
Mrs. Edith Allan Crump Secures a
Decision.
Justice Cole Regards the Plaintiffs
Allegation of Ili-Trcatment by Her
Hvcrs Quite n Lengthy Opinion
on the Features OF the Case.

Edith Allan Crump was today granted a
divorce from her husband. Frank H.
Crump, by Justice Cole, on the ground OF
cruelty. The petitioner is the daughter OF
Gen. Edgar Allan, of Richmond. Va. who
is at present United States Attorney for
the Eastern district of that State. The
defendant is also Virginian, and was for
a long time auditor of the Southern Rail-
way Company.
The parties were married in Richmond,
in November. 1885, and lived together.
most of the time in this city, till May 81,
1888, when, on account Of her husband s
cruel treatment, Mrs. Crump declared, she
was compelled to leave him and return to
live with her parents.
The cruelty alleged was Of a peculiar
kind. consisting of the lack OF that consid-
Grafton which a husband should always
show to a wife. Further, it was shown
that Mrs. Crump had for several years
been in very bad health and was sufferer
from nervous prostration, which was ma
terially increased by her husbands alleged
cruelty of manner toward her and their
children. 1t was also alleged that Mr..
Crump had shown great fondness for the
society of an unmarried woman, friend
of the family.
The opinion in the case by Justice Cole
was lengthy, requiring over an hour and a
quarter fer its delivery. He reviewed the
testimony in the case fully and concluded
from the preponderance' and weight OF the
evidence that the allegations made by the
petitioner were well founded.
Mrs. Crump was represented by her
father, General Allan, and Attorneys Mi
Ian and Miller. The decree in the case has
not yet been drawn.
The evening times., 1899-07-06
LANSBURGH & BRO.
Midsummer
Clearing IN
Wash Fabrics.

Figured Batistes, Dimities. Jac-
onets and Pacific Lawns, ii both
white and dark grounds and every
conceivable design; reduced from
I2Hc to 61zc yard.
100 pieces Extra Fine and Sheer
Figured French Organdies, IN
dainty stripes and figures, white
and dark grounds; every yard
worth Iec; all go at I2Hc.
so pieces White Persian Lawn
a fine Sheer quality, 81 inches
wide; our regular 25c grade, fol
Iec yard.
25 pieces White P K, with fancy
or plain cord, 80 inches wide
these make splendid skirts and
viii iaunder well; these 25c goods
go az Ioc yard.
The evening times., 1899-07-06
HIS STOMACH PHOTOGRAPHED.
Chicago Physicinn's Extraordinary
Way of Ma king a Ding nosis,


Chicago. July 6.-Photographing the In,
terror of a mans stomach, an experiment
which hitherto has been attended with so
many failures as to cause it to be consid-
cred almost among the impossi bilities, has
been successfully performed in this city
The inner walls of the stomach of James
o. Foster wealthy lumberman of Cleve-
land. were successfully photographed. with
the result that large tumor was discov-
cred to have formed in the organ, which
according to the physicians in attendance
would have caused his death in a short
time. Mr.. Foster has started for Cieve-
land. taking the photograph with him. and
with it as guide he will undergo an op-
Grafton in a Cleveland hospital.
The apparatus used in taking the picture
comprised a rubber tube one-eighth OF an
inch in diameter and about three feet
long. At the end OF the tube was rubber
bulb with walls as thin as it was possible
to make them, giving the bulb when in
Hated the appearance Of toy balloon
The interior of the bulb was coated with a
Photographic emulsion and acted as the
plate on which the picture was taken
After the patient had swallowed the
bulb it was inflated by air blown into the
tube until the bulb filed the stomach. its
flexible sides conforming to the walls of
the organ. An x-ray exposure was then
made. the tube was withdrawn and the
picture on the thin rubber bulb was de-
veloped as are ordinary X-ray photographs.
The evening times., 1899-07-06
CENSUS BUREAU TESTS
The Examining Board May Be Here
Until October.
Nearly Four Hundred Candidates Al
ready on the Eligible List-Aere
Applications From the District
Than From Any OF the States-Su-
pervisors Not All Selected Yet.

In all probability the examination o. ap-
plicants for positions in the Census Bureau
will continue in this city at the rooms in
the Maltby Building until about the lst OF
October.
Director Merriam stated, when seen by a
Times reporter this morning, that the work
of examining applicants in Washington will
be continued at least until September 20,
and may be carried on as late at October
/. 1t is impossible at this time. he said,
to determine definitely the time Of the de-
parture of the examining board, as there
is still a large number of applicants from
States east of Ohio TO take the tests.
AS result of the examinations thus far
held there are nearly 400 applicants on the
eligible list. Those of that number who
have sufficient political backing will be
given positions. The greater number OF
those already examined is from the Dis
trict of Columbia. Massachusetts. New
York. and West Virginia have also sent
large delegations Thus far about 10000
applications have been received from all
sections of the country, 2,70o Of them being
from the District of Columbia, which has
contributed a larger number than any OF
the States.
When the examining board leaves the
city, it will visit Cincinnati Chicago. st.
Paul, Omaha, st. Louis, New Orleans. and
Atlanta, and in the cities named conduct
examinations of applicants from the States
in the immediate vicinity of the States
in which the cities are located.
The applicants from the States of the far
West and South are not as numerous as
those from the Eastern States, and the
work of the examining board in the Wesl
will not take up as much time as it has in
Washington. 1t is thought that a few
months will suffice to complete the ex-
aminations to be conducted outside OF
Washington. AS fast as examinations are
held the papers of each applicant will be
sent to the Census Office in this city and
here examined.
Director Merriam has concluded the Sc
lection of census supervisors for all the
States except Mississippi. Kentucky, Ore
gon. Washington, Missouri, Ohio, New
York, and Pennsylvania. In Missouri and
Ohio supervisors are still to be selected
for six districts each, for two in New York
and in Pennsylvania for all but one. In
the remaining States no appointments have
yet been made.
The evening times., 1899-07-06
Now and again you see two women
passing down the street who look like
sisters. You are astonished to learn that

they are mother and daughter, and you
realize that a woman at forty or forty
five ought to be at her finest and fairest.
Why isn't it so?
The general health of woman is SO in
tinately associated with the local health
of the essentially feminine organs that
there can be no rich cheek and round
form where there are debihtating drains,
and female weakness. Women who have
suffered from these troubles have found
prompt relief and cure i'll the use of DIR.
Pierce's Favorite Prescription. 1t gives
vigor and vitality to the organs of wou-
anhood. 1t clears the complexion, bright
ems the eyes and reddens the cheeks.
No alcohol, opium or other narcotic is
contained in Favorite Prescription"
Amy sick woman may consult Doctor
Pierce by letter, free. Every letter is
held as sacredly confidential, and an
swered in plain envelope. Address DR..
R. " Pierce, Buffalo, n Y.
"I commenced to take Dr. Pierce's Favorite
Prescription" writes Mrs. Martha E. Barham,
1897, also his Golden Medical Discovery and !
cannot express the benefit have received from,
these medicines. I was suffering with what the
doctors called chronic indigestion, torpid liver
and vertigo. also suffered with female weak
ness. The doctor did not do me any good, SO
wrote to you for advice. When commenced tc
use the medicines I weighed only II2 pounds
now weigh 40 pounds"
DIR. Pierce's Pellets regulate the liver