The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-10-11

had the aff1davits filed but still the
court refused him q change OF venue
but went ahead and tried him and sent
him to the Kansas penitentiary. He
claims that the court had no jurisdic-
ton over him and that the warden or
the Kansas penitentiary is therefore il
legally holding him. The supreme court
saws that the action of the Kay county
court in refusing a change Of venue was
an error and a new trial would have
been granted if properly asked for, but
that the grounds of complaint are not
sufficient to release Justus on a writ of
habeas corpus.
The famous judah case from Atchi-
son county was today reversed by the
supreme court In January 1898, the
Nancy ]. Judah were killed by Santa
Fe train near AtehisOn. while trying to
cross the railroad track in a wagon. 1t
was shown that the engineer had
or was over sixty feet from the crossing
and a fagman had also warned Mr..
Judah Mrs. Judah brought suit against
the railroad company and recovered
several thousand dollars in damages.
The railroad company appealed and to-
day the supreme court reversed the
case, holding that the railroads en-
ployes had done all that they could to
avert the accident and had given proper
warning. 1t was ordered that judgment
should be entered for the defendant.
The Missouri Pacific did not fare so
we'll in case wherein S. H. McCulloch,
a prominent farmer of Dickinson cOun-
ty, secured judgment against the rail-
road company for killing some cattle.
He was driving a herd of cattle across
the Missouri Pacific track where it ran
through a cut, when d stock train ran
into the herd and killed a number. He
brought suit against the company and
secured judgment on the ground that
the railroads en- Dyes did not keep a
sharp lookout nor try to stop the train
when they saw the cattle. The COM
pany appealed, but the supreme court
affirmed the judgment of the Dickinson
county court.
The full list of decisions handed down
by the supreme court today was as fol-
~ DosTER. c. J.
o. J.. Thistler. ct al, VS.. w. H Mackey,
ct al Error from Geary county. Re
City of Kansas City VS.. Edward Gil
bert, ct al. Error from Wyandotte coun-
olive e Mclaughlin. ct al, vs. James
L. Penny, excr etc. Error from Shawnee
49, JOHNSTON. J.
c. S. Holden vs. Frank r. Spier, ct al.
George stirn vs.. Mary Nelson. Error
from Ottawa county. Reversed and new
State of Kansas VS.. VIM. Warden Pipes
Appeal from Ellis county. Affirmed
H. r. Honey vs.. County Commissioners
Jewell county. Error from Jewell county
Affirmed
NJ. K and T. Ry. Co. vs.. L. T. Merrill.
ct al Error from WyaHdotte county.
Pleas reversed with directions to enter
judgment for defendant below. Dostcr,
chief justice. concurring specially.
Kansas City Suburban Belt Railway
de Go VS. county ii Peas reversed IrSm With dree
tions to enter judgment for the defendants
below. Doster, chief Justice concurring
4. T. and S. F. Ry. Co. vs. Nancy ].
judah. Error from Atchison county Re
ENTER judgment in favor of defendant De-
The Central Normal College Co. VS.. Pull
county. Reversed and new trial ordered
Metropolitan Street Railway Co vs.
andotte county. Reversed and new trial
ordered.
Parrish Error from Allen county. Re
CUNNINGHAM ].
Bank of Herington VS.. Carl Wangerin
Error from Marion county. Affirmed.
State Bank of Stockton VS.. Eliza T.
Showers. Error from Rocks county. At
Ed q. Moore VS.. National Council K. and
L. of S. Error from Shawnee county. AT
Thos Cotton vs.. National Fire Insur-
ance Co Error from Johnson county AT
firmed.
Leavenworth Light and Heating Co. VS.
Sophia Waller. Error from Leavenworth
county Reversed and new trial ordered
In Re Edward B. Justus. Original pro
ceedings in habeas corpus. Petition de-
MED.
GREENE. J.
R. c. Burnham vs.. J. c. Lewis. Error
from Rush county. Reversed.
John Alexander, ct al. vs. T. L, Logan
firmed as to Alexander; Reversed and re-
marded as to z. A RHODES. ~,
ris On rehearirg Error from Kingman
county Affirmed Justice Burch not sit
ting.
A. c. Wilcox VS.. Robert Eadie. Error
from Greeley county and court of appeals.
W. S Ewing VS.. Daniel Madison ad-
ministrator, etc, ct al Error from Lyon
ningham, j., not sitting, having been Of
Henry Bassett VS.. T. NJ Glasse. Error
PER CURTAIN
The Redemption and Investment Co. VS.
comntv IN Proceedfnes w in error dismissed.
The Third National Bank of Springfield
VS. Joseph Blosser- Error from Republic
Cora Myers ct al. VS.. T. S. Rager.
excr.. etc. ct al. Error from Necsho coun-
Charming j. Brown VS.. Garfield town
ship. Finney county. Error from F1nnev
H II. D. Jones. agent. etc. VS. Eveus
Moots, ct al. Error from Haskell county.
! Affirmed
/ J. Fl. Mcknight VS.. Bertram Heating K
co. Error from Sedgwick county. Affirm
! ed.
A. a Stevens VS.. Nebraska Loan and
Trust Co. Error from Decatur county
Affirmed
W. A. Chandler, constable, etc. vs.. Gym
/ thia Parker. Error from Washington
I county. Affirmed.
Missouri Pacific Dv Co vs. s H. Nc
Collough. Error from Dickinson county
Affirmed
T. n. Davis VS.. Dold Packing Co. Error
] from Shawnee county. Affirmed