The Topeka state journal., 1900-07-07
THEY ARE LIABLE.
Abstract0rs w tho Make Blunders
May be Held Responsible.
The State Supreme Court De-
eides This Point.
COURT KNOCKED OUT
CherOkee-CraWfOrd Comm N
Pleas Tribunal Killed.
Marion Asbell Must Stay in the
Penitentfary.
COURT KNOCKED OUT

The supreme court today. in g. case
from Reno county rendered q decision
which places the responsibility and
damages for errors in abstracts upon
the abstractors who make them.
A Salina mill was traded for a farm
in Reno county. The Reno county alb
stractor omitted a $2.400 mortgage from
the abstract for the farm and the mill
company had it TO pay. Suit for the
amount was brought against the ab-
stractor. The supreme court affirmed
the judgment of the lower court which
held that the abstractor was liable. This
case has been in court for five years
The court also held that an agreement
between a husband and wife to divide
property is not void afterwards, even
when they agree to secure = divorce and
live apart.
Another important decision by the
court is one declaring unconstitutional
the court OF common pleas in Crawford
and Cherokee counties. The last legfs-
lature created this court. 1t was to be
established upon approval of the voters
of the two counties. A majority of the
votes cast were for the court but did not
constitute a majority OF all the voters
In the counties, which the supreme court
holds, is necessary This deprives T. E.
Sapp of GaIena of the job as judge and
he will now devote all of his time to
seeking the Democratic and PopH1ist
nomination for associate justice of the
supreme court.
Marion Asben will serve the life SEN
tence in the penitentiary for the muir
der OF his wife. Coram nobfs proceed
ings to secure a new trial were estab-
ished in the district court which over
ruled the petition. The supreme court
sustained the lower court and AsbelTs .
last hope for liberty is gone.
The court rendered the following ad-
ditional opinions:
CHIEF JUSTICE DOSTER
IT H MCManT2 TaRnh
Conrad Sells. Error from Marion county.
Reversed
E. G.. EItzwater ct al VS.. National
Bank Of Seneca ct al Error from Ne
maha county. Reversed.
F. S. Allen ct al VS.. Daniel G. Hop
kins ct al. Error from Reno county. At
firmed.
In Re John Davis. Original Proceed
ing in habeas corpus Petitioner dis
charged.
JUSTICE ]. JOHNSTON.
B. T. Hudson ct al VS. Norman Bar
ratt, administrator, etc. ct al Error
from Atchison county. Reversed.
M2fzie A DeTarr vs. the F'erd Helm
Brewing company. Error from court of
common pleas, Wyandotte county. Az
firmed.
The Anthony Investment company VS..
Leroy ct al Error from court OF ap-
peals. Reversed.
The State of Kansas VS.. Marion AS
bell Error from Labette county. Af-
firmed-
State OF Kansas VS.. John Kernstett.
appeal from Harper county. Affirmed.
JUSTICE SMITH.
J. W. Johnston VS. J. d. Bowersock.
Error from johnson county, reversed.
The Board of County Commissioners
of Geary county vs.. the NJ K & It.
railway company. Error from court Of
appeals: reversed.
The City of Kansas City ct al. VS.. r.
NJ. Gray ct al Error from court of
common pleas of Wyandotte county:
reversed Doster. Q. J., dissenting from
the first paragraph of the syllabus and
from the corresponding part of the opin-
ion
The State Of Kansas vs.. A. n. An
drews- Appeal from Ottawa county;
reversed
Walter Dennfng ct al VS.. Mary A
Tount, administrator. etc. Error from
court OF appeals; affirmed.
PER CURIAM.
R. l. King VS.. Morgan Mollohan ct
al On rehearing; affirmed Doster. G.
j.. not sitting, having been of counsel
in the case.
c. R. L & P railway company VS..
John Fernie- Error from court Of ap-
peals; reversed.
NJ G. Belt VS.. Sophia c. Belt Error
from Jewell county: affirmed
Portsmouth Savings bank VS.. Martha
J. Hardrnan- Error from the court of
appeals; affirmed
G. E Moore ct al. vs. the City of
Paola ct al. Error from Miami county;
certified to court of appeals
Nellie May Patrick VS. Lydia s. Pat
rick ct al Error from Cloud county;
certified to court Of appeals
A. Alice Bridge VS.. the Main Street
Hotel company ct al Error from
Brown county; dismissed.
r. 3. Shadduck ct al. vs. E Stotts,
administrator Error from Reno
county. affirmed
State of Kansas vs. Robert June.
Error from Dickinson county; affirmed.
In re w. L Chamberlain for the writ
Of habeas corpus. Original proceed
ing in habeas corpus: writ refused.