The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-12-10
No. 1928.
H. d. Clayton

Error from Graham County.
REVERSED.
syllabus. BY the Court Graves, =.
i Where an affidavit for q writ OF ~ a..
tachment is an action on a Cam re n3s
: sttf,hat Attendants have sold, conveyed
and disposed of their. property. ana + are re
causing the same TO 3t De nnrnose and with
the fraudulent intent to, oe tha n,r nose
creditors the words Tor me t AZ 2efrsmd
"a, 81, rre,litors, are sufficiently broad to
include an intent to hinder ,ano ~ oe dfs
solve the attachment issued upon such a.
fidavit for the reason that the sDeTitth,c
intent to defraud has not been ;es. t,,etsin
cd nv the evidence, it is error TO sustain
fhe motion when it appears that tne acts
of were done with intent "
hinder and delay cre e nof necessary to es
tablish specific intent on the parII OF tHs
defndant hinder r. OR bis de deSt If such an
intent exists as to any creditor, then any
other creditor may have an attachment
All the Justices concurrlns'
A+taet. D, A.svALENTINE.
fiscal + Clerk Supreme Court
= No. 1924.
The st. Louis & San Francisco Raiiroao
Company
H ]. Morris,
Error from Sedgwick County.
AFFIRMED.
SYLLABUS BY the Court. Benson,
= Where the rules OF a railroad COM
pany require the employees IN case Oh uai ~
protect it, and where. in case OF apPaa a,
ent danger to such property, cono tl oo
orders his brakeman to stop moving caI
from which such danger by an impending
collision with a pile driver may be fairIy
anticipated. the brakeman, cnnt Te a may
act upon the assumption that such car ~
furnished with the ordinary and , pfopt iI1
appliances for the safety OF eillPloyeS III
porPorDainPr their-dut1eS..
. wt1tsre a master orders "a servant into
situation of danger 9nd IN ooeSi he Will viii
not be charged with 'contrlDutory HeSnl-
gence,- or with an assumption OF the Tls IN,
prudent man would. have encountered II.
even under such orders-proyided ne acls
with reasonable prudence IN executing
3. Whether. the hazard is so great that
a reasona bly, prudent man would noL IN
dsrtake the seTTlee fhe empioye pro
ceeded. with reasonable &c care eonfli nte
where IN this ca evloe Questions of fact for
a jury and the finding Of jury .he zft,oIi
where proper Instructions were given
must be sustained.
All the Justices concurrlhB.
Att est oop'' d. A. VALENTINE,
TSeaI1 Clerk Supreme Court.
Arthur Rsnard JIes v R ss Ren ard
Edward Bennett and Nettie Seyster-
: Error from Cloud County.
+ REVERSED.
Syllabus. BY the Court; Johnston G; J.
L Following Modern Woodmen VS.. Ger
DOM 70 Kan. 391, 1t is held that the infer
ence of death to be derived from the IN IN
home for a period, of seven years is, at
best, only a presumption and It can not
arise unless the absence remains a syn 1ne9 *
the persons and at the places WneTe tlot
ings of the absentee, if living, would most
?" The removal of a person to another
part of the country or his mere n =, aDs eer
from former home, where he, ne mas nst p cTal
ate the presumption Of death
8. If the absentee left without intending
to return and there is a change Of domlcli
the fact that he has not communicated
with or is unheard of by those remaining
at his former home Eiit noase fme Does
not arise until due inquiry mas peen mace
at his last known domicil and of the per.
living.
Attest: D. A. VALENTINE,
ISeal.1 r. Clerk Supreme Court.
No. 1929.
| Martha Powers, ct al
Albert d, scharling.
Error from Dickinson County. r..i
AFF1RMED
Syllabus. By the Court. Mason =:
/ Whether or not upon an application Dy
an executor for an order to sell real es-
+ tate to pay debts probate court has 1u-
risdictfon to determine a question of ad-
verse title, a creditor of the estate who
with full knowiedge 1 an o, the Of d6 n1o
ceeds Of such a sale can not be heard to
deny the purchasers title upon the ground
that the testator. before his death had
conveyed the. land. to such claimant
A+teet 0op'- D. A VALENTINE,
ISea11 Clerk Supreme Court.
No. 1929.
ASH Esther Drummer, ct al.
Jennie 8 IS Martin.
| Error from Meade County.
REVERSED.
| Syllabus. By the court, Porter, J:
has arisen in a foreign state as used in
ffhe statute of limitations Code of Civil
IProc- Sec. q, Gen. Stat: 1901 Sec. 4450)
tmean, when the cause % ac &c, mas ac-
T1orSs wban the plaintiff has the right to
/ So ~ defendant in the courts of such
foreign state, and they naNs 10 Fer ehce
to the or origin sa,,s OF of fn action arose. "
An action on a promissory note can
Inot he maintained here under section 2
of the limitation aeI Were Don-resi R1
oF I1anses when the cause of action &C
cruad and the Defendant resided IN for
lsign state ate t Until laws vns Of that state -
| All the Justices conSurrlns'
| a true copy D. A. VALENTINE.
| AetteSI' Clerk Supreme Court