davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-12-10
No. 1895.
John w. Baughman

No. 1895.
John w. Baughman
VS..
A B. Harvey and Mrs. A. B. Harvey.
Error from Seward County.
AFFIRMED.
Syllabus By the Court. Burch, J.
In this case it is held that tax deed
which had been of record more than five
wears before any suit was commenced
attacking 1t is not void on its face be-
cause it omits the word publicly" from
the clause in the statutory form reading
Eat the sale begun and publicly held,
etc: or because it substitutes the words,
mo person bid' for the words said prop
erty could not be sold in stating the ne
cessity for a sale to the county; or be-
cause instead of using the statutory Ian
guage relating to the assignment of the
fax sale certificate and all the right, title
and interest of the county in the property
II merely states that the county clerk duly
assigned all the right, title and interest
of the county in the property. 9BoWman
Gus subsequent cases decided by this court
cited and followed-)
All the Justices concurring. p.
A true copy. ,,r,,-E
/ TSeaII Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-12-10
No. 1894.
Fairbanks, Morse & Company

No. 1854.
Fairbanks, Morse & Company
VS..
Margaret 8. Walker, ct al.
Error from Neosho County.
AFFIRMED.
Syllabus BY the Court. Graves, J.
l. An oil tank for the. storage Of oil.
as between buyer and seller, is chattei,
scinded by the purchaser for failure to
furnish one of the kind and quality agreed
upon, the same as in the sale of other
chattels
q In such a case the right to rescind,
when otherwise existing, will not be de-
MED on the ground that the parties can
not be placed in statu quo when the pur-
chaser has not received and accepted the
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-12-10
LEGAL.

followed and held that q mechanics hen
will not attach to the interest acquired N
lands by the lessor under an ordinary OH
or gas lease notwithstanding oil or gas Is
discovered.
All the Justices concurring.
true copy
Attest: D. A. VALENTINE,
ISeaL1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-12-10

s5 No. 1875.
The State of Kansas. ex rel, Edgar Rob-
erts, County Attorney.
H. V. LAWRENCE.
Original Proceeding in Mandamus.
WRIT ALLOWED.
Syllabus BY the Court. Benson, j.
Where the title to the office of county
trea s1lrer has been determined by the dis
frict court on proceedings in error from
a contest court, and the execution of such
Judgment is not stayed. the state may,
1rnon the relation of the county attorney,
maintain mandamus to compel the deliv-
ery of the money, books and records or
the office to the person SO adjudged to be
elected. although the defeated party In
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-12-10
No. Is, 80.
w. H. Seaverns
No. 1921.
w. M. Glenn and H. G. Madara

No. 1921.
w NJ Glenn and H. g. Maoar3
Jessie B. Stewart
Error from Greeley County
AFFIRMED.
Syllabus By the Court. Mason, J.
/ Where in computing the penalty TO
he added to the tax against tract or
land the county clerk treats traction OF
hetween 1--WE and ten mills as an entire
cent. instead of rejecting it altogether as
required by the statute a tax deeq b oasS1
the resulting excess being due to an er-
roneous calculation rather than 10 an III
territorial overcharge $50. +.a
AS against an attack made Sa , before tine ne
i+s bahaif the fact that tax deed shows
face greater 9staf to ts vaid
~ a. r. cannot be assumed that the excess
occasioned by ineud1ng the SUCH cier AIS
sumntion would remedy the defect
All the Justices concurring.
A true copy. r>,,r,rr
fSeei1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-12-10
No. 1927.
Albert G.. Moore, ct al.

No. 1881.
Albert G.. Moore, ct al.
-=---- VS..
ser James Herd.
Error from Douglas County
AFFIRMED.
Syllabus BY the Court: MasoD' .
The statute Gen. stat 1901 sec: 1879 re- se-
6ands viii or to take what she entitled
e under the law Of aad for whom
nrovisiap is made by the will of his de-
wife IN view Gf its tbs origin as r and 1g
~ daeoentS and 1istributions 1t must be
deemed de- ne to be afrected by The language Of
section % thereof Gen; stat lsUl' Sc.
ton to the widow of a deceased HUSBAND
shall be applicable to the husband OF
deceased wife.
. All the Justices concurrins.
Attest: D. A. VALENTINE.
ISeaI1 Clerk Sopfoi
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-12-10
No. Is, 256.
John F. Schoenhoeft

No. 1924
John F.. Schoenhoeft
The Board of County Commissioners OF
Kearney County, Kansas.
Error from Kearny County.
AFFIRMED.
Syllabus. By the court. DuI VI A.; = =.
The rule of law that the statute OF Inn
itations does not begin to run in favor
of a municipal organization ON us OUT Z,
standing warrants until it has money In
its treasury to redeem them does not ap-
I,iv TO its ordinary bonded Indebtedness
represented by negotiable bonos ana III
All the Justices concurring.
A+test. D. A. VALENTINE,
fSesI Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-12-10
No. 1924.
Elizabeth B. Mangum


Elizabeth B. Mangum
VS..
Henry Stadel.
Error from Jackson County.
REVERSED.
Syllabus. BY the Court Johnston. c. j.
lin an action by a landlord to recover
from a purchaser of a crop grown upon
rented premises and subject to lien, the
value of such crop to the extent of the
unpaid rent, the burden of showing that
the purchase was made with notice of the
lien rests upon the plaintiff.
e To charge q purchaser of crop
grown on rented land with notice of a
landlords lien actual knowledge of the
lien is not necessary.
8. If the purchaser has knowledge of
facts which naturally excite inquiry and
one that reasonably leads to a knowledge
of the lien it is his duty to inquire and
testimony sufficient to require inquiry is
testimony of notice.
L. The testimony tending to show notice
of the lien in the present case held to be
sufficient to require the submission OF
the case to the jury.
All the Justices concurring.
A true copy.
Attest: d. A VALENTINE,
TSeaI1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-12-10
sANrrARIUsIs.

CIIRISTS HOSPITAL COTTAGES FOR
the care and treatment of nervous inva--
lids alcohol and drug habits and mild
eases of mental arrangement W.: .
Lindsay, NJ D.. s29 K. A. Topeka kan.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-12-10

O
The United Zinc and Chemical Company,
A Corporation, and H. Hobart,
VS.. r~4r -" .
Henry Morrison. IL
Error from Bourbon County.
AFFIRMED.
Syllabus. By the Court. Porter, j.
T. Where an execution upon Judgment
in the district court is enjoined by a re-
straining order issued in the same action,
and pending a motion to dissolve the re-
straining order, the cause and all the pro-
ceedings are transferred by a change of
venue to the district court of another
county on account of the disqualification
of the regular Judge the court to which
the cause is transferred has authority up
on satisfactory proof to direct that a cler-
zeal omission in the entry of judgment be
corrected.
z The proof upon which the court or
dered the record of the judgment correct
ed consisted of certified copy of the
Journal entry of the trial certified copies
of the Judgment docket showing an alb
stract of the judgment entered by the
clerk, and copies of the memoranda of the
trial from the judges trial docket. These
were all competent and furnished salts
factory evidence upon which to base the
order.
All the Justices concurring. g
A true copy.
Attest: d. A. VALENTINE.
[SeaL1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-12-10
No. 1870.
W. S. Mckinney

No. 1870
W. S. Mckinney
VS..
l. U. Grant and A A Flower.
Error from Geary County.
REVERSED.
SvlIabus BY the Court. Smith, j.
! The contract, copied in the statement
~ facts is held to be an agreement pro-
viding for the consignment of musical in
strIIments by the presumptive owner
thereof to an agent for sale and not
contract of sale and purchase.
e. In a replevin action either party Is
entitled to the verdict Of jury under
proper instructions, in the determinat alton
thereof; when, however, the parties in
the trial of such action agree upon the
determinative facts thereof the judgment
TO be entered becomes a question Of law
for the court.
All the Justices concurrfng.
A true copy.
fseai1 Clerk Supreme Court.
No 1913. -
Harry T. Phillips
$50 VS..
The Springfield Crude Oil Company ct al.
Error from MONTGOMERY County.
AFFIRMED.
Syllabus. BY the Court. Porter, J..
Eastern Oil company VS.. McEvoy, Kan,
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-12-10
No. 1924.
The Standard Stock Food Company

No. 1874.
The Standard Stock Food Company
A. J. Jasper.
Error from Coffey County.
REVERSED.
Syllabus Nv the Court. Smith, J,
To avail a defendant, sued by foreign
corooratio of the bar provided in Sec
zion 1883. General Statutes of 1901, it must
be pleaded and also appear from the svi-
dence: first, that the plaint1n Is lot
business in this state: third, that 1t has
not obtained a certificate of the secretary
nf state that statements provided for in
said section of the statute have been prop
erly made
All the Justices concurring.
A true copy. ,~-
TseaI1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-12-10
No. 15441.
The State of Kansas

No. 15441.
The State of Kansas
VS..
Grant Way.
Appeal from Montgomery County.
AFFIRMED.
Syllabus BY the Court. Mason, j.
i. conviction for an offense less than
that defined in the statute upon which
prosecution is primarily based may be
Sustained If the information alleges the
existence of all the essential facts con-
stutine such less offense; and under such
circumstances a more liberal construction
is allowed than is ordinarily applied to
criminal pleadings.
q The right of the defendant to be pres
emf when a verdict is returned, secured TO
him by the statutory provision that no
person indicted or informed against for
Felony can be tried unless he be person.
ally present during the trial" is one that
NAV be waived, and If, while at liberty
on bond he is voluntarily absent, with
out having been excused by the court.
when the jury reaches an agreement, a
verdict against him may lawfully be re-
ceived in his absence .-.r
All the Justices concurr1ng.
Attest. D. A. VALENTINE,
TSeaI1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-12-10

ALASKAS the land of opportunities, the
Last West. 1 will tell you wages. paid
men or women. all trades. chances with
small means, chances to prospect for gold,
cost OF living, how, when, where and cost
to go. climatic conditions, and other vital
information for 81. Address E. F. Pitman,
Seward Alaska.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-12-10

No. 1895.
Union Pacific Railroad Company
VS..
A L. EntSminger.
Error from Shawnee County.
REVERSED.
Syllabus. BY the Court. Benson, j.
l. The failure of a person about to drive
cattle upon a railroad crossing to make
is Opportunity when by taking such pre-
cautions the injury might have been avoid
ed, will bar a recovery, Notwithstanding
the negligence of the railway company in
falling to give signals
q The fact that the train doing the in
jury was late does not excuse person
familiar with the place and sensible of the
danger from observing the usual precau-
lions.
All the Justices concurring.
A true copy.
Attest: d. A. VALENTINE,
TSeal.1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-12-10
No. 1500S.
C. C. Harris, ct al

No. 15OOS.
c. c. Harris, ct al
The Independence Gas Company,
A Corporation, ct al.
Error from Montgomery County.
AFFIRMED.
Syllabus. BY the Court. Mason, J.
1. The question of the character of bust
ness a corporal ion is authorized to engage
in is ordinarily matter between it and
the state, not open to collateral inquiry;
and one who has entered into contract
with a corporation which is otherwise I'M
Objectionable cannot mainain an action
for it's cancellation upon the ground that
it relates to a transaction foreign to any
purpose mentioned in the company's char
ter. -..- .s.--.-...- -.s.--. .-s,---..- --s
.. One who has executed to a corpora
ton an oil and gas 1ease-an instrument
granting the right to explore a tract of
land for oil and gas and to appropriate
either If found-cannot maintain an an &C
ton to cancel the portion thereof relating
to oil on the ground that the only purpose
of the company's existence mentioned in
its charter is ITO dig or mine for natural
gas and sell the same for heat and light
ing purposes"
Ali the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
[Seal1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-12-10
No. 1525S.
NJ. E. Dyer

: No. I525S
M. E. Dyer t
VS..
School District No. III, ct al.
Error from Sedgwick County.
AFFIRMED.
Syllabus. BY the Court Mason, - =;
,,non ifs merits the Judgment is not open
to attack upon the ground that the court
denied a motion made by the losing parry
to REQUIRE the opposing attorney TO sno"
nv what authority he appeared
2 Where the owner of tract OF lano
orally offers it to school o1strlct as =; q
Sita for a school house for so long as IT
shan be used for that purpose and the
district accepts the offer and builds pen an
nnI,;table title and right of possession Is
thereby vested in the district
All the Justices concurr1ng.
A true copy. r>rrr>rr
Attest: p "A. $3.50 roHr+
ISeal1 clerk supreme
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-12-10

No. 1922
Joseph Manden
The City of Greeley.
Error from Anderson County.
AFFIRMED.
Syllabus By the Court. Smith, j.
Where a husband and wife bring sepa-
rate and successive action against the
same defendant for damages for personal
injuries sustained by the wife, the judg-
ment in one action is not evidence in the
Others eye. 1868
Al the Justices concurring.
A true copy
Attest: 50 d. A. VAl@ENTlN e,
TSeaLl Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-12-10
LEGAL.

the contest is prosecuting proceedings in
error IN this court from such Judgment
All the Justices concurring. s..
true copy.
Attest: d. A. VALENTINE,
lSeaL1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-12-10
FOR EXCHANGE.

FOR EXCHANGE-120 acres of land near
LIE Roy, Kansas, for west side Topeka
dress s. B. Rohrer, room s, Shawnee Fire
bldg.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-12-10
BICYCLES AND REPAIRING.

u. S. CYCLE CO., 11S E. Eighth National
s Iver-Johnson bicycle. Supplies. repairs.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-12-10
BUSINESS CHANCES.

BETTER THAN
FARM MORTGAGES
we are Just organizing a company for
the manufacture Of our new line of potato
machinery. Our territory, the whole U.
8 No competitors in the west. VIII not
require large capital. Dividends times
larger than real estate mortgages. Let
us show you our machines at S05 Kansas
ave. Phone Ind. $50 or 1882.
H. PTJGH MFG. co
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-12-10

WANTED-To trade good farm in Blaine
county, Oklahoma, for Topeka property
near Christ hospital Address E. L. H,
care Journal
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-12-10

7 I. ES1y. carpenter and builder, repair
and fob work Ito E. 9Th Ind. phone 81.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-12-10
No 1920.
The Badger Mining and Milling Company

The Badger Mining and Milling Company
VS..
s. J. Ellis and Hattie Ellis.
Error from Cherokee County. sr
AFFIRMED.
Syllabus. By the Court Burch, ].
The rule announced in the case of Nc
Cormick vs. Holmes, Al Kan. 265, that 1t
becomes immateral upon whom the bur-
den of proof rests when all the evidence
concerning the transaction inquired into Is
introduced applied in an action by
land owner to quiet title against forfeited
oil lease.
All the Justices concurring.
A true copy.
Attest: d. A. VALENTINE,
TSeal1 Clerk Supreme Court b.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-12-10
LEGAL.
s s.. Dec, 10, 1901
Published in The Topeka State journal
SUPREME COURT SYLLABL.
No. 147S.
A. Henley, ct al.


A. Henley, ct al.
e. E Myers. Receiver, etc.
On Re-Hearing.
Error from Douglas County.
AFFIRMED.
Syllabus BY the Court. Mason, j.
L In the provision of the Kansas constl-
tuition (sec. 2, art. II, repealed In 1866 that
dues from corporations shall be secured
by Individual liability of the stockholders
to an additional amount equal to the
stock cwned by each stockhoider' the
enough to cover a judgment rendered
against a corporation in an action FOUND
ed upon tort.
2 In view of such Interpretation of the
constitutional provision referred to-, sec sec
repealed in 1899 authorizing the owner of
judgment against a corporation upon
which an execution had been returned I'M
satisfied to proceed against any OF tne
stockholders and hold them liable thereon
to the extent of the amount of their STOCK,
applied to judgments founoed on to n5,n as
that elsewhere in the same act the person
to whom the right is given is described as
q creditor of the corporation and the claim
against it as a debt
g. Said section imposed upon the stock
holder a liability for the payment of cor
porate obligations, including these found
ed upon tort. to the extent OF the STOCK
owned.
1901 repealed in 1903 which substituted
for all other methods of enforcing the IN
ton to be brought by a receiver. was
available against stockholders who be-
came such prior to it's enactment. Its ap-
plication to them did not constitute an i'm
pairment of the obligation of the contract
arising out of their membership IN the
corporation, even although the new rem
edy might be more efficient than the old
and might incidentally under some CIR
cumstances prove somewhat more burden
some, so long as it involved no actual in
crease in their liability.
All the Justices conGurrtng-
A true copy.
Attest: D. A. VALENTINE,
[SeaLl Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-12-10
d. A. VALENTINE,
Clerk Supreme Court.
--..- ,-r No. 1928
The Missouri Pacific Railway Company

=. ...-- So No. 1928.
. The Missouri Pacific Railway Company
Paulina Bentley.
Error from Sumner County.
AFFIRMED.
SYLLABUS. By the Court. Porter. J.
/ Error in overruling a demurrer TO eV-
idence is Of no avail where the defendant
instead of standing upon the demurrer o.
fers proof which supplies the deficiencies
of PLAINTIFF evidence.
track repairer who omits TO LOOK
and listen for approaching trains Wnlle
engaged in the line of his duty at WoIk
on the track is not necessarially guilty OF
contributory negligence as mater OF
negligence is ordinarily for the jury to de-
termine under all the circumstances.
g. In an action for damages for the
death of a railroad employe VINO was I'm In
track, where there Is no evidence to snow
whether he looked and listened, an IN.
struction that If the employees IN charge OF
the engine could by the exercise OF rea,
on the track in sufficient time to have
stopned the engine and thus avoided the
injury plaintiff would be entitled to re-
cover tn Inc the ennroach Of
the engine is erroneous. In view or the
other instructions as to contr1butory neg
iiaence and the special findings OF the
Jury the giving of such an instruction II
this case is held not IL h1'e oeen PieJo
An instruction which leaves the i'm
nressiou upon the jury that the defense o.
contributory negngence nlusL Iaa uaat rs
is arroneous An instruction open to this
obiection held not prejudicial for reasons
stated in the opinion.
All the Justices concurring
a Att taIe COPY D. A. VALENTINE.
TSeaI1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-12-10
CARPENTERS AND Rrr1LDERs.

]. c. WILSON, contractor and builder.
has moved his shop to 72S Jackson st
Ind phone 1914.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-12-10
No. 1920.
w. A. Darling

No. 1920.
W. A. Darling
VS..
1,ho A+obison. Topeka & Santa Fe Rail-
way Company.
Error from Sedgwick County.
T.. - 81 REVERSED.
Syllabus BY the Court. Smltn, j.
i When upon the trial of an acton IN d
district court the plaintiff has introduced
evidence tending to establish any cause OF
action set forth in his petition. II is error
for ffle court to instruct a verdict Tor the
2 In any such action upon the return OF
either a Verdict, a report of a referee or a
decision of the court which determines the
issues of fact either party. cons s,1e M
himself aggrieved thereby, may NE ms
MOTION for e new trial and until ten days
after such motion is decided the 1urlsati NC
tion of the court, to extend the time Ior
making and serving case maze Ior ap-
neal to the supreme court, conelnues.
The evidence in this case is held to be
sufficient to entitle the. plaintin to Ge.
cision thereon by the jury and that the
instruction of the court directing q YER
diet for the defendant is erroneous
: All the Justices concurring.
A true copy n
Attest: ~ y. A EALEN l ~ e,
[Seal.1 t-i- -t Clerk supreme Noui"'
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-12-10
No. 1926.
7. H. Harrod. Guardian.


7. H. Harrod. Guardian.
Edmund Burke
Error from Cowley County.
REVERSED.
Syllabus. By the Court. Benson. j.
l. The rule of lis pendens has ap
plication to independent titles, not de-
rived from any of the parties to the ac-
ton, nor from any one in privity with
them.
2. All persons entering upon the posses
sion of premises after the commencement
in the absence of evidence to the contrary,
presumed to have so entered under the
g. Where the sheriff, under writ of
possession, returns that he has executed
the writ, and has put out a person, nam
ing him, who was not a party to the ac-
ton, and has put the plaintiff in the writ
in possession, 1t will be presumed, in the
absence Of evidence to the contrary. that
he has performed his duty properly, and
that the person so removed, held under
party. or some one in privity with
bound by the judgment.
4. Crops immature and growing on real
estate when the successful party in an
action of ejectment is placed in possession
of the premises are part of the real estate
and in the absence of proof showing any
right of severance belong to such success
Ali the Justices concurring.
Attest: D. A. VALENTINE,
TSeaL1 Clerk Supreme Court.
York.
The wyandotte Coal and Lime Company.
Error from Court of Common Pleas
AFFIRMED.
Syllabus By the Court. Johnston, c. ].
1. While one who furnishes material TO
a contractor with a city to carry out a
paving contract, fraudulently procured
and which is illegal, having knowledge or
the fraud and illegality is barred from re-
ariv, fro fIn afxy n
for the material furnished, he is not, as
between himself and the surety company,
notice of such fraud or iIlegality. The
knowledge which binds him must be act
nal and SO ample that in furnishing ma
teriaI in furtherance of the unlawful con-
tract he can be regarded as an actlve
agent in promoting the fraud ana 1llega a1
. Rice VS.. Hodge 26 Kan. 164. followed
as to the strictness and extent Of proof
ned snG To by the claimants for
the improvement was actually used in its
co All the Justices concurring.
A+test: d. A. VALENTINE,
1Seal1 Clerk Supreme Court.
No. 1870.
w. H. Seaverns
The State of Kansas.
Error from Wallace County
s !Tbe OCCUPANT of tract of state school
land Instituted proceedings to purchase It
| as a settler The probate court denied his
EDITION and he appealed. He then pur-
chased the land of the state at public
sale subsequently the district court olss
missed his appeal. Held, the conduct or
the appellant in purchasing the land at
| nublic sale was inconsistent with claim
PF arrow in the Judgment of the probate
court and the appeal was rfghtftNy dis
'n Al It'll the Justices concurring.
| A+test. d. A. VALENTINE.
| Clerk Supremo Court.