The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-05-12
D. A.sVALENTINE,
Clerk Supreme Court
No. Is,
John G. Cooper


ISeall Clerk Supreme Court
No. 1858.
John G. Cooper
VIRGINIA ' BOWER.
REVERSED.
Syllabus. By the Court. Mason, j.
breach of nrn d to- r9r thn 9efe6
ant has introduced evidence intended to
prove that the plaintiff during the time
ed declared to others that she would not
marry the defendant, 1t is not error to
permit the plaintiff to give
being engaged to marry him. for the pur-
pose of showing the mutually of the con-
tract.
2. In such a case declarations of the
plaintiff to other persons with regard to
the conduct of the defendant with respect
admissible
8. When an incompetent question has
been taken 1 to the overruling Of it. it is
not necessary for the objecting party in
order to have the benefit of the exception
to a suggestion from the witness as to
the maner of his answer the examiner
tells him to proceed in his own way.
4. The evidence examined and held not to
show conclusively that the contract re-
lied upon by the plaintiff was based upon
5. Notwithstanding the language of the
statute (sec. 5142, Gen. Stat. 1901) that ev-
decree d1VOTCe
does not become absolute and take erect
until the expiration of six months from
it's date a party to a divorce proceeding
may within six months from the time a
decree is rendered make a valid contract
to marry after the lapse Of that interval
the provision referred to having peen m
terpreted as mere RESTRICTION upon mar
riage within that time - =
G. Where in an action for damages for
brea ch of promise of marriage the pr1n-
cipai I contention Of the defendant is, that
he never made such a promise. and the
evidence conclusively SHOWS tnaI ~ an
been utterly repudia ted by the defendant,
he is not in a position to claim that the
act ae1o If M ita having been begun within six
months from the time divorce nao oeen
granted to him.
All the Justices concurring.
Attest: D. A. VALENTINE.
Tseal.l Clerk Supreme Court.
No. 1851.
The State of Kansas, ex rel joseph rag.
CART County Attorney of Wyandotte
County. Kansas
George X. Addison. J. I; B. Eager, Lar
kin Norman. Alex Eagle and Robert L.
McAlpine.
ori sfHpeM RESsfsd FoR p b GS
SYLLABUS. BY the Court. Smith, J..
l. Kansas City, Kansas. is city OF the
the elective and appointive officers Of such
city as provided by law. 1.-The mayor may
appont such other officers as are created
by ordinance and may remove the same
without cause. (Section l, Chapter ia,
Laws of 1861
D. The provisions of Chapter 374. Laws
of 1907, relating to the appointment and
empIoyment of ex-soldiers and sailors are
mandatory upon officers of the
state and of the counties, cities and towns
thereof when there is an applicant pos
sessing the preferred qualifications who
shows himself competent to perform all
the duties which may reasonably be ex-
pected to devolve upon him by virtue of
such appointment or employment ,.,, ..
a. presumption that the appointing officer
has knowledge of the service to be be per .sa
power of deciding the question of the COM
pentency of the applicants for the service.
t. Competent" is necessarily compar-
required Of applicants by the appointing
power is also, necessarily. discretionary.
The utmost good faith. however, Is de-
Imanded in the rejection Of applicants quail