The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-04-11

able sum OF money for personal taxes
which was collected on a tax warrant.
Afterward he was able to prove that
he did not owe the personal property
taxes and the money was returned to
him. Then he brought suit for the in
terest which would accrue during the
time the county held the money, but
the supreme court says that while a
man would be entitled to interest UNI
der the same conditions from private
party the county is not liable for the
interest.
Suicide Clause Is Void.
In the appeal OF the knights of Mac
cabees of the World against Anna
Nelson from Atchison county, the SUI
preme court holds that a life insur-
ance policy can not be collected from
frafernal Insurance order which has
a rule against the payment. The hus-
band, Andrew Nelson took out a
policy In this association in 1892. After
this policy was issued the Maccabees
adopted a rule saying that when death
was the result of suicide. whether the
member was sane or insane at the
time. the full face of the policy could
not be collected. and that only double
miums should be paid. Nelson com
mitted suicide and his wife brought
suit to collect the full amount of the
policy, $4,000. The association refused
TO pay more than double the amount
of the assessment and the district court
OF Atchison county upheld Mrs. Nell
son: The supreme court reversed this
decision.
Gets Her Property Back.
Mrs. Ida M. Bruce, by decision of
the supreme court, will have a horse
returned to her by c. N. Nelson on
the ground that the horse was OBJ
tanned by fraud. Mrs. Bruce's hus-
band was in jail, and Nelson came to
her and persuaded her to make a
bill of sale to him of all her property
on the ground that her enemies
would get hold of the property. How
ever Nelson failed to return the prop
erty when requested to do so. The
supreme court holds that Mrs. Bruce's
signature was obtained by fraud, and
orders Nelson to return to her the
property which she placed in his Gus
tody.
Evidence of Anger Not Admissible.
John c. Moofe, convicted of the
murder of his wife in Cowley county
two years ago secured a new trial OF
his case by order of the supreme
court today simply because evidence
OF bad temper years before the MUIR
der was admitted as evidence in the
case. In the trial relatives and friends
of the murdered woman told of many
! outbreaks of anger which Moore had
| murder and after Mrs. Moore had OBJ
tanned a divorce. The district court
admitted all of this kind of evidence
which the states attorneys offered
and in his appeal to the supreme court
Moore charged that this evidence
| created a prejudice in the minds OF
the jury which did not give him q
| fair trial. The supreme court upheld
Moore's contentious and reversed the
decision OF the lower court and order
| ed new trial of the case.
Dissolved Bank Can Sue.
! The question of when a bank is not
a bank was answered by the supreme
court today in the case of T. c. Will
son against the First State bank OF
Jetmore The bank obtained a judg-
| ment against Wilson upon a promis-
sorry note and Wilson contends that
the judgment was invalid because the
bank went into voluntary liquidation
! before the Judgment was secured. The
supreme court holds that the bank
| continued to be bank even after
having gone into liquidation because
the period for which 1t was charter
ed had not expired. and the corpora.
| ton was sti11- in existence. This sus.
tains the judgment Of the Hodgemar
county district court.
Harrison Loses Suit.
| Another echo of the old Remington
Paper company lawsuit against TIN
| Topeka Capital company for collection
| of a paper bill came up in the suprem
| court today in the decision Of the sui
| of T. w. Harrison against Frank c
Scott, the other stockholders of tn
| old Capital company. Col. Harrison
| was one Of the stockholders of the de
funct Capital company, and wa