The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-06-10

No. L., 450.
The City OF Osawatomie in Miami County,
Kansas
The Board of County Commissioners of
Miami County. Kansas, ct al.
Error from Miami County.
ss REVERSED.
Syllabus. BY the Court. Mason, ].
l. The rule that statutes of limitation
do not apply to actions by the state unless
legislative intention that they shall do
SO is shown by express language or ap-
pears by the clearest Implication, also ap-
plies to subordinate political bodies. in
spect to any litigation to enforce govern
mental rights. -
2. Where county diverts to it's own
treasury part of the money it has col
lected upon taxes levied by a city. stat
ute of limitations runs against an action
by the city to recover the amount so
wrongfully withheld.
All the justices concurring.
Attest: D. A. VALENTINE,
lSeal.] Clerk Supreme Court.
No. Is, 464.
The Chicago, Rock Island Pacific Rail-
way Company
Henry Hanson.
Error from Smith County
AFFIRMED.
Syllabus. BY the Court. Graves, J.
A traveller. about to cross a railroad
track upon public crossing, is not guilty
OF contributory negligence for failing to
Jake precautions against a danger not
open to observation. and of which he is
Ali the Justices concurring.
Attest: D. A. VALENTINE,
lSeaL1 Clerk Supreme Court.
No. 1886.
j. N. Hawkins, j. S. Moots and c. D.
Moots.
vs.
Milton Brown.
Error from Rice County.
MODIFIED.
Syllabus. By the Court. Benson. J.
l. An order overruling a demurrer
made and entered more than one year be-
fore the filing of the record in the su-
TSe fac ha t 1e of an
ton is held custodia legis, in another &C
ton in which the defendant is not a
over which he has no control. will not
suspend the running of the statute in his
8. An acknowledgment in writing that
the debt once existed, but which does
not contain an admission of present
subsisting debt on which the party is la
BILE. is insufficient to avoid the bar of the
statute of limitations.
4. A defendant who is served with sum
mons IN COUNTY otner .han 9ne n one b 1
held bound by such service II the resident
defendant was Joined for the purpose of
ODtdlnlnR jurisdiction OF the person OF the
former, and not in good faith to recover
judgment against him.
5. The rule above stated will not be
applied against an innocent party S,, who in
his cause is just and that he has right
to recover against the resident defendant,
statute of limitations, after full trial.
All the Justices concurring.
Attest: d. A. VALENTINE.
[Seal] Clerk Supreme Court.
No. 1886
H. F. Bashford
L. D. Wells.
Error from Norton County:
.... REVERSED. H.,
Syllabus. BY the Court, Mason J.
l. The sexual intercourse of married
whether married or single, is adultery
within the meaning of the statute making
adultery misdemeanor. i---t
2. Where a petition In an action for
SANDER. alleges that the defendant said
of the plaintiff, a married man, intending
thereby to Charge him with the offense Of
adultery-"B. was undoubtedly down the
railroad track with some woman; I be-
lieve it; he Is guilty, and know he is "
It is error to sustain an objection to the
ground that. the words complained of are
not susceptible of the meaning attribut-
ed to them, or that sufficient facts are
eSNN
All the Justices concurring.
Attest: D. A. VALENTINE,
[SeaL1 Clerk Supreme Court.
No. 1859
Mrs. L. K. Brown N
J. B. Shields.
Error from Sedgwick County.
REVERSED.
Syllabus Ry the Court. Graves, J
Where the language of written instu-
ment is ambiguous and uncertain so that
it can not be clearly ascertained there
intended by the parties, the circumstances
surrounding the execution of such instru-
ment should be received in evidence as an
All the Justices concurring.
A true copy. -
Attest: D. A. VALENTINE,
(Seal] Clerk Supreme Court.
No. 1851
James H. Boice ..t- -l
r. C. Shepard, ct al.
Error from Shawnee County.
Syllabus. By the Court. Johnston, c. j.
/. While the beneficiary named in the
certificate of a member OF fraternal
beneficiary society may be changed by the
member in accordance with the laws of
the society he has no interest in the fund
derived from his Membership, neither can
such fund become part OF his estate nor
liable for his debts.
O. Chapter 271 of the Laws of 1905 re-
lates to insurance companies and ordinary
insurance and has no application to fra
ternal benefit societies or to the benefits
resulting from membership in such socie-
All the Justices concurring.
Attest: D. A VALENTINE,
[Seal1 Clerk Supreme Court.
No. 1851