The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-04-07
Is ALL VOID.
CONTINUED from Page u

the state. although fair on its face, was
void by reason of being based in part
upon "a consideration made illegal by
the antitrust statute.
Other Decisions of the Court.
The Shawnee county district court
was sustained in its decision of The
cases involving the estate of BENZ.
HeiIbrun, al Usage county man. This
is a will case, in which the creditors
of the estate sought to take possession
OF certain property on the ground that
it was subject to execution. The three
cases were entitled IsaacfKeeler VS.. E.
Lauer, Isaac Kee1er vs.. Benz. He'll
brun. Joseph Coufman ct al. vs.. c.
Lauer-
The damage suit of Richard Dorr
against he Missouri Pacific. in which
Dorr got a verdict for $4,000 in the
Sedgwick county district court. was re-
versed- Dorr was head brakeman on
a Missouri Pacific freight train. He
fell from the steps of a locomotive
and the train cut his legs off. The
principal point at issue was whether
the step of the locomotive was defec-
tive. The findings of the jury on this
point, it is held by the supreme court,
do not support the very large judg-
ment which was given against the
railroad company. The case will have
to be retired in the lower court.
The Shawnee county case of the
State VS.. w. NJ. Tibbetts and A. Hotze
was reversed. This suit involved the
validity of chapter 334 OF the session
laws of 1905. The lower court held
that the law was invalid. It provided
for the granting of injunction, and the
lower court vacated a temporary in
junction granted under it. The su-
preme court holds that the law is not
multifarious in its purposes as was
commended.
E. H. Ricksecker. the former super
intendent of the Coffeyville water
works, will have to serve a term in
prison for alleged embezzIement of
funds belonging to the city. The SUI
preme court affirmed the decision of
the Montgomery county court on the
proposition
Cove county will have to start in
again on it's court house proposition.
The court held this morning that the
plan under which it was proposed to
raise $4,000 for building the court
house is invalid, because it proposed
to use certain money for purposes not
authorized.
The following opinions were handed
down:
JOHNSTON. c. ].
S. A. Honce ct al v. Chas. schram ct
al; error from Butler county. Affirmed
Isaac Keller y. E. Lauer ct al; error
from Shawnee county. Affirmed.
Isaac Keeler ct al V. Benz. Heilbrun.
trustee; error from Shawnee county
affirmed.
JOS. Cauffman V. c. Lauer ct al; error
from Shawnee county. Affirmed.
A. T. & S. F. Railway Co. V. Walter
M. Poole; error from Jewell county.
Affirmed.
Missouri Pacific Railway Co. V. Rich
ard NJ n0rr- error from Sp6UVVifk
county. Reversed and remanded for a
new trial.
GREENE. J..
K. G. Southern Railway Co. V. Fields
& Slaughter Co.; error from Crawford
county Affirmed
Chas. E.. Gibson V. VIM Trisler ct al;
error from Crawford county. Affirmed.
from Cowley county. Reversed and re-
manded.
BURCH, J..
]. B.. Ehrsam Mfg. Co. v. R. c. Jack
man: error from Ottawa county. At
firmed. Costs in this court divided.
VIM. O'Keefe ct al V. Chas. F.
Behrens: error from Montgomery coun-
ty. Reversed and remanded. Johnston,
C. J., dissenting.
State of Kansas ex rel v. w. NJ. lib
bits ct al: error from Shawnee county.
Reversed and remanded.
Florence D. Whitney ct al. etc, v.
board county commissioners of Morton
county: error from Morton county.
Reversed and remanded for a new trial.
MASON, J.
State v. Chas. L. Wilson: appeal from
Shawnee county on ~rehearing. Reversed
and remanded for a new trial.
Geo. J.. Christisen V. Edwin Bartlett;
error from Hodgeman county. Al.
hrmed-
A. F. Underwood V. Henry Fosha ct
al; errorfrom Wyandotte district court
state v. f. H Rieksecker: appeal
from Montgomery county. Affirmed.
J. E. Smith. county treasurer, ct al,
V. Alec Haney ct al; error from Cove
county. Affirmed.
SMITH. ].
Peter sramek VS.. Lizzie Sklenar; err
ror from Reno county. Affirmed.
Alice E.. Barnett vs.. Henry Schad,
sheriff. etc: error from SedgWiek Oun
IL. Reversed and remanded.
NJ. K. & T. Ry. co. vs.. FRANK M
Wade; error from Cherokee county
Clarence Briggs VS.. Thos. voss ct al;
error from Sedgwick county. Affirmed
c. M. Stark ct al. vs.. H M Morgan
ct al: error from Graham county. Re
versed and remanded for further pro-
ceilings.
GRAVES. ].
r. B. Croan VS.. Henry Baden; error
from Montgomery ounty Affirmed.
John ]. Dineen VS. John Olson; error
from Saline county. Affirmed.
w. e. Hurst VS.. Altamont Mfg. Co;
error from Bourbon county. Reversed
and remanded for further proceedings.
The Ross Oil & Gas Co.. vs.. s. NJ.
Eastman ct al; error from Allen
ty. Affirmed
M. K. & 7. Ry. Co. VS.. Florella lay
Tor; error from Montgomery county.
Affirmed
PER CURTAIN.
Root Bros. vs.. c. J. Wolff; error from
Morris county. Affirmed.
Abba Clair McCready VS.. ". H. Den
mis- ct al. error from C-hautauqua coun-
tv. Reversed and remanded for further