The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-07-06
DANA FARES WELL
Only One of His Decisions Is
Reversed.
This One Will Give Galen Mich
OILS $1,000 Fee.
CITY HAS TO PAY.
HAS TO PAY.
Mrs. Rebecca A.Pert's Judgment
for 81, 500 Is Affirmed.
Was Injured by Falling on a
Sidewalk.

Judge A. w. Dana Jared well in the
opinions of the supreme court which
were handed down at 6 o'clock Friday
afternoon. Five of his cases from
Shawnee county were affirmed, one was
reversed, and one was modified. The
one case which was reversed was due,
it is said, to the fact that the attorneys
in the case were mixed up, and did not
get the case properly before the court.
One of the most important cases was
that of Gallon Nichols, former county at
torney who brought suit against Shaw
nee county for $1,000 for legal services
rendered the county in the United States
courts. The suit was that brought by
w. H. Keepers, the bridge man, to COL
lect 50 900 from the county on the melan
bridge work. After Nichols has appear
ed for the county several times in the
federal courts at Topeka and Leaven-
worth, the case was compromised, and
the county refused to pay Nichols. He
sued and the district court rendered
judgment against him. The supreme
court holds that this judgment was err
roneous, and the county must. pay the
$1,000.
Another interesting case from Shaw
nee county was that of the Internation-
al Text Book company of Scranton, Pa,
VS.. A. T. Pigg. The company sold Pigs
some books, and Pigg refused to pay for
them. The company then sued him,
and he resisted payment on the ground
that the company is foreign concern
and has no standing in Kansas courts.
The supreme court sustains this conten-
ton, and also sustains the Shawnee dis
trict court. Justice Porter dlSSented
from this opinion. The syllabus says:
Under the agreed statement of facts,
the plaintiff in error was foreign cor
poration, and was at the time OF the
rendition of Judgment in the court below
doing business in the state of Kansas,
and was entitled to maintain any
action in the courts thereof by reason
of its failure to comply with the corpor-
alton laws of the state
The Rebecca A. Pert damage suit
against Topeka, in which Mrs. Pert got
81, 500 as damages for stepping into
hole in the sidewalk where brtcx
should have been, was affirmed. This
was a case with the city appealed, on
the ground that the court has required
the city to do certain things in its
pleadings which We're prejudicial To its
interests. The supreme court sustalns
Judge Dana. and says:
Neither the ruling on the demurrer,
nor the denial of the motion for con-
tinuance furnish grounds for COM
plaint.''
The city will have to pay this $1,000
Judgment as soon as the mandate comes
down from the supreme corut.
The old lawsuit of E. c. Spinney
against M. Ware, involving a lot or
lodge politics and charges of decided
ly unpleasant nature, was decided by
the supreme court in favor of Sptnney,
affirming the judgment of the shawnee
county district court which gave SPIN
ney 81 $50 damages. Spinney claimed
that he gave to NJ. Ware the sum OF
81. 500 to be used in bringing about
combina ton of the National Aid as
sociation and the Bankers Union OF the
World. two fraternal insurance orders.
There was a sort of intimation that the
money was to be used for purposes OF
delegates but nothing was
mentioned in the contract to this ef-
feet. 1t appeared only as a defense IN
the trial. Spinney claimed, however,
that Ware did not use the. money, out
it to his own use. he
sued to recover the whole amount, ana
under the Judgment of the court will
get 81, $50.
against Ernest Cheney was land law
suit, involving so acres of shawnee
county land, which became involved IN
litigation because of the conflicting IN
terests of the Cheney heirs. Under the
decision of the court, Ernest Cheney ana
his sister will get the land.