The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-01-06
STRANGE IT is.
{ contlnned from Paee one.l

one OF the famous cases touching the
difficulties between Cleo D. Burnett
and Charles e. Elliott, Wellington at
torneys, but the matter of the disbar-
ment of Elliott was not decided.
Among the litigation was an action
Tor $4,000 damages by Burnett VS..
Elliott and when the case was called
for trial in the lower court the plaintiff
was refused the right to introduce any
testimony under the petition and the
case was dismissed. The plaintiff APP
peated and the supreme court held
that the. petition was sufficient for the
Introduction of testimony. The nature
OF the case is quite sensational.
Mcbride Loses His Island.
Another case of general interest
was Mcbride VS.. Steinweden. 1t was
a contest over the ownership of an
alleged island in the Missouri river
near Atchison. The result of the de-
cision was to sustain the finding of the
jury, which was that the land in con-
troVersy was not in reality an island
quently it is a part of the Steinweden
land which adjoins the river on the
Kansas side. The opinion was de-
livered by Chief Justice Johnston.
List of Opinions.
The following is a list Of the opin-
ions handed down by the supreme
court:
JOHNSTON. c. J.
Ella Mcbride ct al VS.. Josephine
Steinweden ct al; error from Atchison
county. Affirmed.
Mollie McAlister vs.. J. P. Fair adj
ministrator etc. ct al; error from
Jewell county. Affirmed.
City of Topeka VS.. Andrew Cook;
error from Shawnee county. Reversed
and remanded for new trial
Cleo d. Burnette VS.. Chas. E. Elliott;
error from Sumner county. Reversed.
GREENE, J.
A, T. & S. F. Ry Co. vs.. Ambrose
Fuller; error from SedgWick county.
Reversed and remanded for further
proceedings. Johnston, c. J., Mason,
J., and Smith, J.. dissenting.
A. H. Bennett VS.. W. L. Taylor ct al
partners, ETC.; error from Shawnee
county Reversed and remanded for
furth er proceedings.
Mamie Richardson VS.. Board of
Education of Kansas City ct al; orig
inal proceeding in mandamus. Writ
denied; judgment entered for de-
PENDANT.
BURCH. J.
The u. S. Express Co. VS.. T. J. Ever
est; error from WyandOtte county Re
versed and remanded for new trial.
The preliminary jurisdictional question
decided in favor of plaintiff
A, T. & S. +. Ry Co. VS.. P. D. Schri-
yer; error from Marion county. At
James NJ. Clarke. receiver. VS.. E.
Tilden; error from Decatur county.
Affirmed.
First National bank of Concordia,
Kan, VS.. Mcintosh & Peters Live Stock
& Commission Co; error from Wyan-
dotte district court. Affirmed.
MASON, J.
W. B. Penrose VS.. S. W. Cooper ct al;
error from Sedgwick county on rehear-
ing. Reversed and remanded for new
trial. With directions to admit in evil
dence the five year old tax deed
VIM. H Bush & Co. vs.. B. A. Adams
Reversed and remanded with direc-
tons to confirm asherif's sale.
The Phoenix Insurance Co. VS.. John
Stahl; error from Brown county. Re
versed and remanded for new trial
SMITH, ].
c.. r. I. & P. Railway Co VS.. N. N.
Clinkeubeard; error from Smith county.
Reversed and ren1anded for new trial
Ida M. Oliver ct al vs.. John Sample;
error from Reno county. Reversed and
remanded with instructions to render
Judgment in accordance with the views
expressed in the courts written opin-
ion.
Robert o. Deming, etc, VS.. The Beatty
Oil company ct all error from Bourbon
county. Affirmed.
PORTER, J.
S. Stanton VS.. s. Barnes ct al; error
from Shawnee county. Affirmed.
c. r. l. & P. Railway Co. VS.. VIM.
WINNER; error from Smith. Affirmed.
Lauretta A. Acker vs.. c. v. Norman,
receiver, etc; error from Doniphan
county. Reversed and remanded for
new trial.
F. L. Schwab, county treasurer, ETC.,
VS.. Jas. H. Wilson; error from Rawlins
county. Affirmed.
GRAVES, J.
VIM. Scott VS.. w E. Sloan ct al; error
from Butler county. Affirmed and re-
manded with directions that on the fur
Their trial the views expressed in the
written opinion be followed.
P. H. Albright VS.. The Phoenix IN
surance Co. of Hartford Conn; error
from CowIey county. Affirmed.
City Of lola. vs. Thos Farmer; error
from Allen county. Affirmed.
PER CURTAIN.
Creamery Package Mfg. Co. VS.. Geo.
Peters; error from Wyandotte county.
Affirmed.
Wichita Rid. & Light co. vs.. E, E.
Cummings; error from Sedgwick coun-
ty. Reversed and demanded with in
structions to render judgment for de-
PENDANT on the special findings.
S H. Roger VS.. Thos. NJ. Armstrong;
error from Brown county. Reversed
and remanded for new trial.
City of CLANCY ct al VS.. Ed. Ander-
son; error from Sedgwick county. At
frmed.
City Of Humboldt VS.. Lillian Dickin-
son; error from Allen county Affirmed
Grand Jury Rescinds It's Action.