The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-02-09

4
for some time, must serve six
months term of imprisonment in the
county Jail and pay a fine of five hun
dred dollars and an attorneys fee OF
500 for violating an injunction, ac-
cording to the decision of the supreme
court handed down today.
Judge Carver while assistant at
torney general for Shawnee county
procured an injunction against Plo-
mondon- and the Copeland drug store
restraining them from tranicking in
liquor contrary to the prohibitory law.
Plomondon continued to operate the
place after the Injunction was granted
and when arrested for contempt OF
court, claimed that he had a right to
sell liquor as he had a druggists per-
nit. He was convicted of contempt
in the district court and was sentenced
to six months Imprisonment and to
pay fine of $500. From this con-
viction he appealed to the supreme
court, which affirms the judgment OF
the lower court and the sentence i'm
posed
The supreme court held that the
state was not required to prove that
there was not q druggist permit and
that proof that the defendant was NOT
keeping a drug store, was not selling
drugs; and that in the back room of
the place there was a temporary bar,
a beer pump and the usual parapher-
MALTA of a saloon was sufficient evidence
to warrant the sentence imposed for a
violation of the prohibitory law. The
court further held that even the pos
session of a druggists permit to sell
liquor was no excuse for violations OF
the law and of the Injunction.
Supreme Court Decisions.
The following decisions were handed
down by the supreme court today:
JOHNSTON, C. ].
& Rv or al
w. Allen; error from Marion county.
Affirmed. Graves. J.. not sitting.
State of Kansas VS.. H. Calhoun; ap-
peal from Sedgwfck county Affirmed.
State of Kansas VS.. Frank P. Pla-
mondon; appeal from Shawnee county.
GREENE, ].
A T & S. F. Ry. Co. VS.. Jas. E
Paxton; error from Sumner county.
State of Kansas VS.. Pat Sweeney;
appeal from Nemaha county. Affirmed.
City of Lebanon. Kan. VS.. z. Zandi-
Smith county. Affirmed, Porter, ]. dis
senting.
John FaIkenberg VS.. Harvey Stout;
error from Sumner county Reversed
and remanded with directions to enter
judgment for defendant upon findings
of fact.
T. ]. Burgess VS.. John Hixon ct al:
error from Trego county. Affirmed
J. o: Rodgers vs.; Mo .Pac- Ry- Co;
error from Marshall county. Affirmed
MASON. J.
Chicago Great Western Ry. Co. VS..
X c. Northwestern Ry. Co.; error from
wyandotte county. Affirmed.
Catherine Power VS.. Maria A Snow
etc. ct al; error from Trego county.
Peter Robidoux VS.. Edw. H. Munson
ct al, etc; error from Sherman county.
Frances V. Young ct al vs. Nellie
McWiIliams ct al; error from Allen
county. Reversed and remanded for
new trial.
SMITH, ].
Paul R. Nagle VS.. Lewis Tieperman;
error from Reno county; on rehearing.
Reaffirmed. Greene, J., and Johnston,
c. J., dissenting.
The State of Kansas VS.. w L. Smith;
appeal from Comanche county on re-
Greene and Burch, j., concurring in
the judgment of affirmance.
Southwestern Port Huron Co. VS.. S.
y. Wilbur; error from Douglas county.
Affirmed.
Daniel H. Bane VS.. Geo. H. Cox ct
al; error from Cowley county. Re
versed and remanded with instructions
to reinstate the case
PORTER, J.
State of Kansas vs. Chauncey Dewey
ct al; appeal from Norton county, on
Reversed and remanded
with instructions to order discharge of
the appellants.
state vs. Chauncey Dewey ct al;
same judgment
John r. Goodnough VS.. Eva Weber
ct al, etc; error from Washington
Affirmed.
State Of Kansas VS.. Maurice E. Wa
terman; appeal from Labette county.
Affirmed.
GRAVES, J.
Wyatt Stanley vs. G. W. Penny: err
ror from Harper county Affirmed.
VIM. NJ. DERRICK, trustee, ETC., VS..
Farmers State bank ct al; error from
Stafford county. Reversed and remand
ed with directions to enter judgment
for plaintiff in such sum as the evil
1ence shows the mortgaged property
to be worth.
Chauncey Dewey ct al, executors,
etc. VS.. H. J. Farmhouse; error from
Riley county. Reversed and remanded
with directions to set aside the judg-
ment and grant new trial.
PER CURTAIN
o. s. Kelly Co. VS.. W. S. McCarty ct
al; error from Linn county Affirmed.
Katie NJ. Ffke VS.. Paul r Maggie ct
al; error from Stafford county. on re-
hearing. Reversed upon authority of
NagIe VS., Tieperman.
E. ]. Grubel VS.. Henry Busche; error
from Wyandotte district court At
irmed.
j. E. Kramer ct al vs. Hunter Bros.
irmed.
E. P. Liljestrom VS.. J. K. Anderson;
error from Mcpherson county. Pro-
eeeding in error dismissed.
State of Kansas vs. D. NJ. Brewer;
appeal from Edwards county. Affirmed
State of Kansas VS.. Mike Kirby; ap-
peal from Wyandotte county. Affirm.