The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-07-08

acter indicated.
3. In an action under the portion of the
factory act above quoted ii is ordinarily
incumbent upon the plaintiff to produce
evidence that it was practicable to guard
the machinery which occasioned the in
jury complained Of
All the justices concurring.
A true copy.
Attest: d. A. VALENTINE
lSeaLl Clerk Supreme Court
No. 1850.
Augustin j. Beakey
Ed. Wander Meerchen ct al
Error from Pottawatomie County.
MODIFIED.
Syllabus. BY the Court Graves, j.
Where a defendant in civil action
files an answer which. in addition to a
defense to the cause of action stated in
the petition, alleges facts which consti-
tute a new and Independent cause of ac-
Judgment thereon, the plaintiff may not.
in his reply, aver new matter which con-
stitutes counterclaim or set-of upon
which he asks for affirmative relief. but
sis statements must be confined to facts
which constitute defense to the answer.
All the Justices concurring.
A true copy.
Attest: d. A. VALENTINE,
ISeaL] Clerk Supreme Court
No 1859
Mae r. Jones
vs.
c. H. Way.
Error from Mcpherson Co.
REVERSED.
Syllabus. BY the Court Porter, ].
/. The interest Of each partner in the
partnership property is his share of the
surplus after the payment of all partner
ship debts and the settlement of all ac-
counts between himself and his partners.
2. A partner may dispose of his in
terest in the partnership to a third per-
son. The only limitation this right
duce the purchaser into the firm with
out the consent of the other partners.
In equity the purchaser acquires the
right to call for an accounting and set
Element.
3. A number OF persons formed part
nershfp for the purpose OF carrying on a
lumber and tie business and purchased a
tract of land. taking the title in one of
the number in trust for the partnership.
No attempt was made to carry on any
business. In, view. of the constipation
placed upon the partnership agreement by
the parties, and the absence of anything
in the agreement to the contrary. Held !:
as tenants in common. and one partner
could sell his interest therein at any
time without the consent of his partners.
OBJ The purchaser of the interest of
one of the partners is entitled to an ac-
counting for his share of the proceeds as
against one who purchased the interests
Of the other partners and disposed of the
All the Justices concurring.
Attest: D. A. VALENTINE.
lSeal1 Clerk Supreme Court
No. l5.s17
E. s.. Bliss
VS..
]. w. Brown. ct al.
Error fT RFv E9w1sy County.
syllabus. BY the Court. Graves. j.
Under the provisions of chapter 800.
laws of 1906 party who desires to cause
made part of the record, may do so in
the following manner:
d. ia
of the evidence from the official stenog-
rapher, and filing II with the clerk OF
the district court where the trial oc-
CURED.
2. By giving notice in writing of such
filing to the adverse parties or their at
torneys of record as provided in section
3 of said chapter.
3. The adverse parties. if they find the
transcript incorrect, may, with fifteen
days after it has been filed, suggest
same. after five days notice to the adj
verse party. to the judge who tried the
case. for settlement. after which it will
become a part of the record.
4. If no objections are made to the
transcript within fifteen days after it
come part of the record without fur
Their action.
8. After the evidence has been made a
part of the record in this manner, 1t
must be included in every transcript of
the record Of such action.
8. II the party preparing such trans
SiApN 81 utSiItS, may without
for the expiration of the fifteen days,
upon notice TO the adverse parties or
their attorneys of record, present the
transcript for settlement to the Judge
who tried the case. and If the adverse
party consents thereto. such settlement
will be deemed the same in effect as IL
done at the suggestion of the other party.
I. The certificate of the stenographer
is sufficient to authenticate the trans
cript of the evidence of the first in
stance; ff il is subsequently settled by
the judge. his certificate is sufficient
TO authenticate it as a full. true, and
complete transcript; and a transcript of
the record which includes the settled
transcript of the evidence. certified by
the clerk. in the form prescribed by the
rules of this court. will be deemed suf-
court
Where debtor against whom there
existed a valid judgment lien, expected
TO inherit certain real estate from his
mother. who was seriously i'll. and soon
thereafter died,-conveyed by warranty
deed, while his mother was living. the
lands which he expected to inherit from
her. the grantee in the conveyance will