davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-05-12
No. 10, 1853.
Frank B. Parker

No. 10, 46S.
Frank B. Parker
A. Dobson.
Error from Franklin County.
MODIFIED.
Syllabus By the Court. Burch, J.
brought te suit hta Upon it in Franklin County
where one Of the makers resided and was
duly served. A summons was also sent to
Shawnee county and duly served upon
another maker who resided there The
had a valid cause of action against the
local defendant who was not joined for
the mere purpose of obtaining jurisdiction
over the other defendant. Pending FUR
Their proceedings the attorney for the de-
PENDANTS convinced the plaintiff that action
county was barred by the statute of linn
itations and the action was subsequently
dismissed as to her by agreement. Inen
the Shawnee county defendant moved
that the summons and service upon him
be set aside. which was done. and the en-
that an action was commenced ana that
the plaintiff failed otherwise than upon
the merits within the meaning OF section
% of the code.
2. If in an action before 1ustlce OF
the peace upon a promissory note the
amount claimed in the bill of particulars
do not exceed $500, the justice, or the dis
trict court upon appeal may ad1udlcate
the controversy although the interest &C
cruing before final judgment increase the
ever the balance found due may be the
Judgment can not exceed $30O.
All the Justices concurring.
Attest: D. A. VALENTINE.
TSeall Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-05-12
No. Is, 526.
H. B. Lowe

No. 1885,
H. B. Lowe
Wells Fargo & Company Express.
Error from Lyon County.
REVERSED.
syllabus. BY the Court. Smith, J.
express company at Emporia as express
messenger. A part of his duty as such
was. to receive and receipt for packages
at the trains. convey them to the. express
received and receipted for a package con-
tanning money at train and no further
trace Of it could be found, The company
money from the boy. The father, believ-
ing his son had dropped the package be-
tween the train and the express office
amount anne n to the ' company s Il was after
wards learned that the son safely con-
veyed the package to the company's office
and an placed It with other paek,ages but
another employee Of the company stole
the package. squandered the money and
the company never recovered 1t. The
20 Both has
were discovered the father demanded
from the company return OF the money
paid, which being refused. ne orougnt
der a mistake of fact and the plaintiff Is
2. Upon the payment of the money by
delivered to him a receipt therefor to
which was added. "It is hereby agreed
that in case we find this package of mon
ey or any part of it, the amount recover
that this contract, II the acceptance made
it a contract, should be avoided by the
mistake of fact under which it was made.
All the Justices concurring.
Attest: D. A. VALENTINE.
ISeaL1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-05-12
No. Is, 239.
Elizabeth Holderman

Elizabeth Holderman
Calvin Hood, r. r 7. Battey and IL
Error from Lyon County
AFFIRMED
Syllabus. By the Court. Smith.
1. 1t Is incumbent upon the pIaintiff
In an error proceeding brought in This
trict court, to see that the record p urs-
scented, correctly embodies the question
to be reviewed.
ment rendered. upon the sustaining of a
demurrer to petition, which demurrer
was upon two grounds -(viz. insufficient
causes Of action) and the record fails to to
was sustained and this Court s af armaf tSe
when, in fact, the Judgment was that no
cause of action was stated; Held. that
the judgment below stal:ds affirmed. as
by timely appll ,ation, accompanied t.y
a corrected record of Inc judgment an,
pealed from. to reopen the decision Of
this court.
3. When demurrer to a petition IS
sustained upon the general ground in
elects to stand thereon and iu ns psade Il
rendered against him; such Judgment is
Anal upon the facts pleaded and such
tween. the same parties in any court.
(Martindale VS.. Battey, 70 Kan. 92)
Justice Graves and Justice Benson not
All the Justices concurring.
Attest: D. A. VALENTINE.
lSeaL1 Clerk Supreme Court.
No. 1889.
John Saindon
Joseph Morrell, ct al
Error from Graham County
AFFIRMED.
Syllabus. By the Court. Smith, J.
Where, In an action to recover dam
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-05-12
NOTICE.

First published in The Topeka State
Journal April 30. 1861
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-05-12
PICTURE FRAMING.

FRAMING. regilding. mat making. mount
ing done by J. D. Sullivan, Ia w. Eighth
street. Packing. shipping. etc.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-05-12
d. A. VALENTINE.
Clerk Supreme Court
No. Is, SIS.
w. G. Parker, ct al.

No. 1855
w. u. Parker, ct al.
Error from Cowley County.
REVERSED
syllabus By the Court Rersor T
Where an undertaking on annnaJ
from the Judgment of a Justice Of tha
peace peace, in forcible entry and detainer. dee
words, from the date of the undertak; !, :,
10 the delivery of the property was acs
rep era ana approved by the justice and
and filed in the district court i,risi dso 70,
OF the action was conferred unon that
court TO take all proper proceedings there
z; The seasonable application OF the an
pellant for leave to file a good and snffi-
cient Undertaking duly rendered in Court
8. IL is error to dismiss the appeal for
s want OF jurisdiction after such applica-
t tlon mas been made. and such undertak-
All the justices concurring.
A true copy.
A Attest D.: A. VALENTINE,
toeai.l Clerk Supreme Court
me Atchison. Topeka and Santa Fe Rail-
way Company
Error from Lyon County.
Syllabus. By the Court Johrs.
l. Snrinkage in the weight of cattle d.e
70 confinement in the cars for an unecase
Saay length Of time while on the way to
damages because of the negiieent 5esas
OF the railway company is within the
stipuiatlon of shipping contract maxine
d written notice of the loss to the rail.
way company. before the intermine,ine
t9 the cattle with other stock, a condi.
i Ion precedent to recovery for loss on
injury TO cattle during Transportation
e where a car load of cattle, which
were being transported to market was in
raAroad wreck and suffered injury and
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-05-12
No. 1855.
w. p. Croasdale


No. 1855.
W. p. Croasdale
VS..
Electa w. HILL
Error from Lyon County.
AFFIRMED.
Syllabus. BY the Court. Johnston, c. J.
l. A purchaser who gains information
affecting an estate from one instrument is
contents of other instruments affecting
the same estate to which an examination
of the first instrument would naturally
have led him.
q One who buys land subject to mort
gage the record of which does not defin-
itely show when the mortgage debt shall
become due, nor the amount required to
satisfy it. but does show that under GER
tain contingencies the amount named in
the mortgage may be increased by inter-
est charges and does refer to a note from
gage lien may be ascertained, is chargea-
BILE with notice of what might have been
discovered by an examination of the note
and of all facts that he could have obtain
ed by diligent inquiry.
3. A statement made to the purchaser
by one who held the note and mortgage
as a collection agent. giving the original
amount of the note, the payments indors-
ed thereon, but which does not under
take to give all of the terms of the note,
or the amount remaining unpaid. does not
full amount of the debt as shown by the
note.
All the Justices concurring.
A true copy.
Attest: d. A. VALENTINE,
lSeaL1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-05-12
No. Is. 794.
The City Of Fort Scott

NO. lo,lS4
The City Of Fort Scott
VS..
Josephine Dunkerton and Charles bunker
ton.
Appeal from Bourbon County.
AFFIRMED.
Syllabus. By the Court. Johnston, G. j.
1. A motion to quash directed at an en-
tire complaint containing several counts,
some of which are bad, cannot be sus-
tanned II the complaint contains one
good count.
g. An objection made when the first wit
ness is about to testify to the admission
of any testimony is not a proper method
Of testing the sufficiency of a criminal
accusation.
g. After a conviction upon a charge of
maintaining a nuisance at certain place
on certain days judgment will not be ar
rested because it was alleged in the com
plant that the defendant kept a place
where intoxicating liquors were and are
sold and where persons were and are per-
mitted to resort for the purpose of drink
ing such liquors. The words land are"
may be treated as surplusage.
4. In a charge of keeping and maintain
ing nuisance it is not necessary to in
clude the negative averment that the
place kept and maintained is not a dwell
ing house.
All the justices concurring.
A true copy.
Attest: D. A. VALENTINE,
[SealJ Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-05-12
No. 15,s25.
The City of Olathe

The City of Olathe
VS..
The Missouri and Kansas 1nterurban
Railway, a Corporation.
Original Proceeding in Quo Warranto.
ACTION DISMISSED.
Syllabus. By the Court. Mason, j.
corporation to operate an interurban rail-
way upon the streets Of a city is a fran
chise within the meaning of the words
used in the statute relating to quo war
ranto, and for proper cause may be an
nulled in an action of that character.
2 The city granting such rights Is a
proper plaintiff in such an action. in viz
ture of the statute (Sec. $3.50. Gen. Stat
1901 authorizing it to be brought by a
person claiming an interest adverse to
the franchise which Is its subject.
Upon the facts alleged, held that 1t does
not appear that other remedies are so
inadequate as to warrant the court, In
the exercise of a sound discretion, in i'm
posing the extreme penalty Of forfeiture.
All the Justices concurring.
A true copy.
Attest: d. A. VALENTINE,
TSeaI1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-05-12

DIR. Nellie Sawyer & DR.. Clara Martin, 612
"a. A.. Crawford bldg. Elevator service.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-05-12

d. A. VALENTINE,
Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-05-12

SEE that you get the best. such ~ We
carry. All our seeds are fresh, prices
right. G. H. Harris 30 W. 9Th 1t.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-05-12

CAPITAL CITY vITRIFIED BRICK q
PAVING CO.. ia e. 9Th 1t. Mfgrs. q
building. paving and sidewalk brick.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-05-12

TRANSFER AND STORAGE
~~~~~-~~~~~~~~~-~-~->~>-~
MERCHANTS TRANSFER & STORAGE
Co. packs, ships and stores household
goods. Tel. 1S6. Clarence Skinner, GIL
Quincy st.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-09-02
INCREASE PHONE CHARGE
Independent Company Raises Rate
for Conversation to
Salt Lake.

An increase in the toll rates of the In
dependent Telephone company between
Ogden and Salt Lake went into effect
at l2:Ol a. m yesterday, although there
was no formal notice given subscribers
OF The change. Instead of a 25-cent charge
Tor three-minute talk. as in the past
l cent mile.
1t is claimed that this is the regula-
ton charge throughout the country, and
that the people of this territory have
been enjoying d cheaper rate for toll
service than in any other district of the
country, since the Independent system has
been established. The 25-cent rate was
established by the Bell people. who, it
is said. will most likely retain it,
Just why the Independent company has
not seen fit TO notify the people of its
increase in tolls has not been made clear
and ii is uncertain as to how the people
are going to take to the change. In re-
turn for the advance in toll charges the
telephone company intends to quicken its
toll service to such an extent that it will
readily make up for the increased rates.
The plan is that when the subscriber
calls Tor toll and, after getting the toll
operator, gives her his call, he will re-
main at the telephone the same as for
a local call. The toll operator will con-
meet direct with the local board in Sas
Lake and give the call without the for
mality of going through the other toll
operators hands. 1t is claimed that this
system will be as prompt making Il
call through the local exchange, as the
work on the toll operators will be less
and they will be able to receive the calls
much quicker than under the present sys-
tenn.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-09-02
OGDEN VOTES TO
BUY WATER PLANT
Small Vote Cast, but Result
Shows Desire for Munic-
ipaI Ownership.

BY a majority of SOL the $i50000 water
works bond issue was carried at a special
bond election held yesterday. The total
vote cast was 939, and each ward in the
city gave a substantial majority in IA
vor of the issue. That there was but lit
tie general interest in the election is evil
denced by the small vote polled it being
more than 100 votes less than that polled
at the recent school board election. In
the First, Second. Third and Fourth wards
the vote was practically two to one in
favor of the bonds, while in the Fifth
ward il was three to one.
The mayor, members of the council and
most of the city officials spent the en-
tire day urging the people to participate
in the election. Up to o'clock in the
afternoon not more than one-third of the
vote had been polled. Toward evening,
however, the workers met with greater
success in getting the people out,
The result Of the election means that by
the first of next year the city will take
over the system of the Ogden Waterworks
company, al the same time taking up the
$4,000 worth of outstanding bonds now
drawing per cent interest and reissuins
the same at a lower rate. The addition
al $4,000 will be used to improve the plant.
An effort will he made to have the next
legislature create commission of five
persons to control the system.
The vote by wards was: First ward
Yes, 123; no. 81. Second ward-Yes. 1S:
no. SO. Third ward-Yes, 10; no. IS.
Fourth ward-Yes, 179; no, IS. Fifth ward
Yes, 155; no, S.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-09-02
FALLS TO HIS DEATH.
Payson Mans Body Horribly Man
gled-Found at Bottom OF
2O0-Foot Shaft.
Especial to The Herald)

Especial TO Inc fferdlu-D
Silver City. Sept. Last Sunday while
Hiram V. Smith of Payson. carpenter,
accompanied by his wife and chlldren,
were visiting in Silver City, Mrs Smlth
called at the residence OF Colin McMur-
phy. while her husband said he would
continue on slowly toward the smelter,
and would not get out of sight or hearing
distance When Mrs. Smith. who had
visited but a few minutes, came out 10
find her husband he was nowhere TO
be seem Nothing was thought about ms
absence however. for some time and MS
wife supposed that he might have been
detained about the town. But mrs
Smith became anxious before Monday
morning and notified Sheriff Henroid of
Eureka and all the other officers OF the
district systematic search was lnsti-
tuted but il was not until about o clock
this morning that the searchers found
unmistakable marks close to the collar
of the old Picnic shaft that some one
had fallen into 1t. Upon investigation
Mr. Smiths body was found at the bot
tom of the shaft in a terribly managed
condition. having fallen distance or
over go feet 1t seems that although the
shaft itself had been covered by boards
and made safe according to law: yet the
ground had caved from under the collar
of the shaft for distance Of four or 1iNe
feet and had left thin crust over an
inch thick to hide the hole thus mace
Deceased must have stepped on this crust
and. breaking through. fell to the bottom
of the shaft to his death The body was
taken out through the Swansea mine.
Deceased leaves a wife and three chill
dren besides other relatives at Payson.
to mourn his loss The remains will be
shipped on Wednesday morning to Pay
son for burial.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-09-02
SALT LAKE YOUTH IN JAIL
Frank Lehman, Charged With Steal
ing HOUSEHOLDER Outfits
Recovered.

The sheriff's force has been kept busy
the past few days picking uphorses and
busSies, taken from this place and Salt
Lake. The most important so far is the
recovery of a rig belonging to the Nc
Coy livery in Salt Lake and the arrest
of Frank Lehman, who is charged with
appropriating it.
Lehman, who is but Is years of age
hired the RICH in Salt Lake on Monday
When he failed to return it the case was
reported to the authorities. who. in turn
communicated with the Weber county
sheriff. After an all night search. in
which Deputies Clark, Murphy and Nay
lin participated, the outfit was located
in an Ogden livery stable. A short time
later Lehman showed up for the rig and
was placed under arrest. Deputy Sheriff
Smith came up from Salt Lake and took
Lehman back to that city last evening.
At an early hour yesterday morning
Deputy Sheriff Nayln discovered a horse
and buggy tied up in the southern part
of the city. where it had been left stand
ing all day. The animal and rig were
taken to a livery stable, but up to a late
hour last evening no person had inquired
about the outfit and the superstition is
that il is stolen prOpert.
Sheriff Wilson also located a rig on
Monday at Uintah which is said TO have
been the property of the manager of the
Continental Oil company in Salt Lake
This outfit IS also said to have been stol-
en- from Salt Lake several days ago
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-09-02
SCHOOL BONDS ARE SOLD.
High School issue Brings e5.31 Per
Cent of Par

The $4,000 per cent bond issue of the
board of education for the purpose OF
building a new high school was yester-
day bid in for S71S5750. or 1881 per cent
by the n. w. Halsey company of Chi
cago. There were four bidders, the Hal
sey company having margin of almost
three-fourths Of per cent over the next
highest bidder. the Harris Trust e Saw
ings bank of Chicago. The only local bid
der was Richard Flint.
The bids were: For twenty-five 81 200
bonds. Richard Flint of Ogden offered 90
cents on the dollar; for the $4,000 issue.
delivered at Chicago. the n. w. Halsey
company offered 81 $3.50: for the full is
sue. E. H. Rawfns & Sons of Boston bid
500 $50 for the bonds delivered at Chicago.
The Harris Trust & Savings company of
Chicago offered s71,24l.75 for the total is
sue.
Plans for the new high school have been
submitted for investigation to the board
of education by Architects S. T. Whit
aker. F. C. Woods. Graves &c Wade and
Smith & Hodgson of Ogden, and Nor
man F. Marsh of Los Angeles. The board
decided yesterday TO have the architects
explain their plans individually on diff
ferent dates. the first meeting to be held
at 3 o'clock this morning.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-09-02
WILL ATTEND CHURCH.
Trades and Labor Assembly Issues
Bulletin for Sungay

In accordance with the action of the
Utah State Federation of Labor in select
ing Sunday, Sept. s. as Labor Sunday
the local Trades and Labor assembly has
passed a resolution directing the Ogden
unions to attend the evening services next
Sunday. Arrangements have been made
for special services at the Catholic, Meth
odst and Presbyterian churches. The
unions are designed to each church as
follows:
To the Catholic church; sermon by
Father Cushnahan; services at $50 p. m. ::
meet in basement hall at 7:l5 p. NIB
r. Trainmen, Blacksmiths city. pa, Ce
ment Workers. Lathers. Street Car En-
pioyes, Tailors. Bartenders. Broommak-
ers. Painters. Plumbers. Street Car En-
ployes' Auxiliary.
To the Methodist church: services s p.
m: meet in basement at 7:45 p. NIB. L.
F'iremen and Enginemen, BARRIERS. Brew
cry Workers. Musicians. b. l.. F. & +.
Auxiliary. Blacksmiths No. 299 (railroadl.
Carpenters, o. r. Conductors and AuXil-
larry.
To the Presbyterian church: services S
y. m; meet in east room at 1:i5 p. M
B. r. Trainmen and Auxiliary. Boiler
makers Cigarmakers. Hold Carriers,
Newsboys Teamsters. Printing Pressmen.
Z. r. Carmen. Brick and Stone Masons.
Electrical Workers. Machinists, Sheet
Metal Workers, Typographical.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-09-02
HEPBURN HOLDS
HIS IDAHO JOB
Republican Convention En-
dorSeS the Senator and
Does Little Else.

Boise. Ida, Sept. 1.-The Republican
state convention transacted very little
business today. The delegates were called
TO order by Charles F. Hoffman of Koo-
tenai county. who acted for State Chair
man Brady. He delivered an eloquent ad-
dress. in which he lauded Senator Hey
burn, Mr.. Brady. candidate for govern
or: Congressman French and Justice Ali
SHE. whose nominations have been con-
ceded for some time.
Major Fred K. Reed of Twin Falls was
presented as temporary chairman. Mr..
Reed paid a high tribute to Governor
Gooding and said his administration es-
Ia blished record in this state. Refer
ring 10 the talk of machine and slate, he
said:
Thee is no man in this convention
who is muZZled or hobbled There is
nothing that is not open and above board.
There is no slate. 1t is free for all.
II any OF you have a kick, make it right
here. If you have anything to thresh,
do it here. and we will have good wheat.
c. T. Mcdonald of Idaho county was
selected secretary, and c. c. Deitch OF
Bannock assistant. The usual commit
tees were named.
Thomas r Hamer was made permanent
chairman by adoption of the report of the
committee on organization and order of
business. He delivered a ringing"
speech. y
Shortly before adjournment for the day
nominations for United States senator
were called for. Although John +. Gray
of Shosbone had been selected TO place
Senator Hepburn name before the con-
vention, a dozen men jumped uD in va
rious parts of the hall, and in the same
breath presented the senator's name.
There was considerable confusion, and the
chairman was unable to accord recogni-
ton TO Gray. Before the convention real
lied what had happened Senator Hepburn
had hAGn Illuminated He given
rousing ovation. The senator spoke at
some length on the platform, directing
himself particularly to the direct pri-
mary, which he opposed.
The convention adjourned until 10 o clock
tomorrow in order to give the platform
committee time to cOmplete its work.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-09-02
A Home Remedy That
Reduces Fat.

Would you like To have a nice, firm
figure. but escape the tiresome. bone
breaking exercise or the soul-sickening
diet of the old-time plan of reducing
excess flesh?
Then go to the druggist and ask for
this inexpensive mixture: y ounce
Marmola. u ounce Fluid Extract Cas-
cara Aromatic. and 312 ounces Syrup
Simplex. Take a teaspoonful after
meals and at bedtime. and in few
weeks you can be as At physically as a
fawn. Mix these ingredients at home
II you wish, but see that you get the
Marmola in a sealed package When
fresh IL acts quicker.