The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-06-08
cision of the Reno county court. which
is a victory for Biggar.
Mrs. Kremer Gets Property.


The case of Ellen P. Kremer agains
John L Kremer, appealed from Shaw
nee county. was reversed. The Kremeri
We're old married people. Who had {
| sued for divorce. Divorce was grant
| ed, and the property was divided, the
| court giving Mr.. Kremer an interest IL
the farm. Evidence was presented tt
| show that Mrs. Kremerss money ka6
bought the farm. After the judgment
| the defendant, Mr.. Kremer, died, an6
| the action was revived in the name OF
| his heirs. The supreme court sustain:
Mrs. Kremer's appeal, by which Mr.
Kremer WAS given a share in the farm
Justice Graves dissentee from the opin-
| ion.
]. w. Thomas, a Kansas City report
er, who got a judgment for $4,000
against the Kansas City Elevated rail-
way, and then had the Judgment set
aside by the court, on the ground that
a demurrer to the evidence should
have been sustained, secured a re-
versal of the ruling of the lower court
today, and will get a new trial in the
lower court, instead of having to pay
the costs and lose the Judgment. The
supreme court holds that after the
judgment had been rendered, and the
defense had applied for a new trial,
the court had no right to set aside the
judgment and instead of granting a
new trial, rule that the demurrer to
the plaintiffs evidence should be Sus-
tanned. The supreme court grants a
new trial in the case.
Another case resulting from the
food of 1903 was decided by the SUI
preme court on an appeal from Shaw
nee county and judgment for costs
against the Ferguson McKinnie Dry
Goods company of st. Louis, and IN
favor of A. F. and E. j. Grear.
The Grears lost a stock of goods in
the North Topeka food One claim of
$166.76 was settled out of court. An
other claim for $26S.25 was rejected
by the Grears Suit was brought to
compel payment. The Ferguson Nc
Kinnie dry goods company produced
an assignment of all claims against the
that this assignment covered all in
terest which the wholesale house had
against the Topeka firm. This cancell-
ed the $26S.25 claim.
The supreme court says that the dis
trict courts of Kansas may take a child
from its parents and give it to another
person when the parents do not exer-
else proper care over it. Pearl Collins
brought suit for divorce against F. B.
Collins in the district court of Sedg
wick county. She asked for the Gus
tody of the child. AT the trial of the
case it was shown that neither the
mother nor the father were proper
years old. Judge Wilson placed the
child in absolute control of Mr.. Col
Inns mother, only allowing the parents
the right to visit it..
Supreme Court Decisions.
BY JOHNSTON, C. ].
Martha A. Hier. as, administrators
etc, VS.. ed2Harpster; error from
Douglas county; modified and re-
manded with directions to enter judg-
ment on the agreed facts for the plain
tiff for the amount Of the note and ac-
crued interest Johnston, c. J. and
c. c. Walker VS.. the C. r. I. & P.
Ry., Co.; error from Marion county,
reversed and remanded for new
trial -
VS.. the city of Atchison; error from
Atchison county; affirmed.
w @. Disney vs. the st. Louis Jew
e1ry company; error from Logan coun-
ty. Reversed and remanded for new
Charles a. Windsors as administra-
tor ETC., VS.. J. J. Snider ct al; error
from Kingman county; affirmed.
The city of Emporia vs. F. Becker;
appeal from Lyon county: affirmed.
BY BURCH J.
John Caldwell VS.. L. A. Bigger, ct
al; error from Reno county; affirmed.
William p Gillaspie.vs. United Iron
Works Co..; error from Wyandotte
u.
The K. G. M. & o. Railway Co. VS..
H. . Loosely; error from
Sedgwick county; reversed and re-
for a new trial.
The state of Kansas ex rel F. S.
Jackson. attorney general, VS.. the An
heuser-Busch Brewing association.
proceeding in quo warranto.
Judgment Of custer entered against
the defendant and in favor of the
plaintiff
BY MASON. j.
William E. Boggs VS.. the o. S. Kelly
Mfg. Co, error from Saline county;
ss.
The board of county commissioners
Of Douglas Co. VS.. Hannah Lane, error
from Douglas county; affirmed.
San Fitch, ct al VS.. John c. Doug
lass, error from Leavenworth county;
and remanded for further
The board of county commissioners
of CONVEY county ct al VS.. L. F. john
son; error from Cowley county; af-
6rmed.
The Atchison Topeka and Santa Fe
Ry. Co. VS.. A. B. Hinsdeu; error from
Atchison county; reversed and re-
handed for further proceedings
The Western Furniture and Manu-
featuring Co., VS.. Max Bloom; error
from Sedgwick county. affirmed
f. J. Ayres VS.. VIM. Deerfng & Co.;
error from Washington county; re-
7ersed and re1nanded for a new trial 1
BY SMITH, J.
The city of Larned VS.. Robert Boyd !
1T al; error from Pawnee county. At |
irmed.
The Pittsburg vitrified Paving and
Brick Co. VS.. Samuel Bailey |
It al; error from Montgomery coun- |
Y. Reversed and remanded with in
to render judgment for the
defendant. Burch, J., concurrinsy in |
he judgment.
George B. stevens vs. Margaret |
Sheriff eft al; error from Harper
county. Reversed and refnanded with |
Instructions to reinstate the case and
or further proceedings.
Ellen p. KremeF VS.. John L.. Krern- /
sr; error from Shawnee county Re |
zersed and remanded for a new trial |