The Topeka state journal., 1908-04-15
LEGA,L.
No. 15.5O7.
F. H. Holt

A. L. Lucas, as sheriff OF shawnee Coun-
ty. and F. p. Dickinson.
Error from Shawnee County.
REVERSED.
syllabus. BY the Court. Porter. J.
A chattel mortgage on domestic an
imals which in terms covers the increase
thereof, and which is executed during the
period OF CESSATION, and is duly filed for
record, creates a lien upon the Increase
when the same are born, which will con-
t1nue so long as the mortgage lasts. not
only as between the mortgagor and mort
fide purchasers of the mortgagor.
In an action between the holder of
such chattel mortgage and a creditor of
the mortgagor involving the rights to the
upon the mortgage to establish that
such increase was conceived before the
mortgage was given and was therefore In
actual potential existence.
g. An attaching creditor may acquire
greater and better rights to mortgaged
personal property belonging to his debtor
the time the attachment is levied.
All the justices concurring.
Attest: D. A. VALENTINE.
[Seal.l Clerk Supreme Court.
No. 1851.
The Board of County Commissioners of
Jackson County
John Kaul.
Error from Jackson County.
MOTION DENIED.
syllabus. By the Court. Burch, J.
The general interest statute allowing
creditors to receive. in the absence or con-
tract. interest upon money after it be
com eomes Que s. cannot be interpreted to II I'M,
political subdivision of the state organ
lied for purely governmental purposes and
only; and in an action against county Of
ficers to recover taxes wrongfully exact
ed over the protest of the taxpayer and
through the compulsion of a tax warrant,
interest on money from the time it was
paid Qt then being due3 cannot be recoV-
cred.
All the Justices concurnng.
Attest: D. A. VALENTINE,
[Seal1 Clerk Supreme Court.
No. 1854.
C. G. Anderson
Board of County Commissioners of Cloud
Error from Cloud County.
REVERSED.
Syllabus. By the Court. Porter, j.
l. Section II of article 2 of the constitu-
tion as amended in 1906 takes from the
legislature the right to determine finally
when a general law can be made appli-
cable, and devolveS upon the courts the
duty to determine it as a judicial question
tion on the subject.
q Where the validity of an act is as
sailed under section II of article 2, as
tion which makes it the duty of the courts
to uphold a law If it is possible to do so
has no application.
viding for the erection and removal of
bridges across the Republican river In
county commissioners of said county to
issue bonds to meet the expense thereof.
is repugnant to section II of article of
the constitution and therefore void.
All the justices concurr1ng.
Attest: D. A. VALENTINE,
CoIl1t
No. 1850.
The State of Kansas
VS..
John c. Moore.
Error from Cowley County.
REVERSED.
Syllabus. BY the Court Graves, j.
1. In the trial of criminal cases the evil
dence should be confined to the question
nected with the subject being investigated
are not admissible.
2. Instructions examined and approved.
All the justices concurring.
Attest: D. A. VALENTINE.
[SeaL] Clerk Supreme Court.
No. 1851
William Gardner, Thomas Irwin and
Howard Burke
VS..
The State of Kansas, ex rel. Charles w.
Burch, County Attorney.
Error from Saline County.
AFFIRMED.
Syllabus By the Court. Burch. J..
1. The state may bring an action of quo
warranto to test the validity OF cor
persons who officially undertake to exer-
else its powers and franchises or against
the organization itself by the name 1t
assumes: and in either case a valid and
binding judgment of nullity may be rem
dered.
3. According to section of chapter 3o5,
Laws of 1901, providing for the voluntary
disorganization and consolidation of ad-
jacent school districts, a majority of the
voters in a district must vote for the
date or the proposition is lost. A majority
of those who attend the meeting Is not
sufficient unless that also be a majority
of the voters in the district.
8. The statute referred to contemplates
that all districts proposing to disorgan1ze
and consolidate must vote upon the same
proposition which must carry in all or
4. Chapter A4, Laws of 1907, purporting
to legalize and validate the steps taken
in the matter of the disorganization and
consolidation of certain school districts is
not a curative or confirmatory act. 1t is
creative in it's nature and attempts to
originate union district from separate
districts which it attempts to disorganize
s. The statute last referred TO is
special act relating to the voluntary ols.
organization and consolidation OF schoo,
districts Under the power conferred upon
It by section II of article of the const1tu-
tion this court decides that general law
can he made applicable to that suDJect,
and therefore. that the special act is void.
All the Justices concurring.
A true copy. >,ur>,r
Attest: ". A. NALEN1 ~ e,
ISeaI1 Clerk Supreme Court.
No. 15,TL
Sara E. Roby, ct al
vs.
The shunganunga Drainage District etc.,
ct al.
Error from Shawnee County.
A
Syllabus BY the Court. Benson, ):
The Drainage Act (Chap 215 Laws of
1905) authorizes the formation of districts
to include lands subject to injury and
damage from overflow, as wen as iahos
subject to actual overflow.
?. The legislature has power to provloe
for the organization of such districts,
Which may embrace parts OF incorporateo