davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal., 1908-11-11
No. 1850.
John Deere P1ow Company.

No. 1880.
John Deere P1ow Company.
vs.
B. F. SpatZ.
Error from Jewell County.
REVERSED.
syllabus. BY the Court. Graves; y;
l. Where a PLAINTIFF commences a civil
action, and before trial. dismisses it with
prejudice, and pays all legal costs in
CURED therein,-the defendant, in the abb
sence of malice, want of probable cause,
and bad faith, can not recover damages
Tor loss OF time, expenses or attorney
fees incurred by him on account of such
suit.
2. s. bought a threshing machine Civ
ing his pronfssory note in payment there
FOR. In the contract of purchase 1t was
stipulated that If the machine did not
work, the notes would be returned, and
the machine taken back. The machine
failed to work and was returned and the
notes demanded. The demand to return
the notes was refused. Afterwards an
action was commenced on the notes, and
before trial, was dismissed with pre-
judice and the plaintiff paid all the costs
taxed in the case. Afterwards the de-
PENDANT commencedan action against the
plaintiff to recover attorney fees, hotel,
travelling. and other expenses incurred
which was dismissed. No malice, want
of probable cause or bad faith being al
legged against the plaintiff, HELD that
such an action can not be maintained.
g. The case of Osborne VS.. Erhard cited
and distinguished.
All the Justices concurring.
A true copy. -
Attest: D. A. VALENTINE.
tSeaL1 Clerk Supreme Court.
The Topeka state journal., 1908-11-11
No. Is 29S.
The Atchison. Topeka & Santa Fe Rail-
way Company

VS..
Elizabeth Rudolph.
Error from Barber County.
REVERSED.
Syllabus. By +he Court. Graves, J.
l. Where the employee of railroad
company in the discharge of his duties,
has two methods by which his work can
be ACCOMPLISHED. one safe and the other
DANGEROUS. and he voluntarily and of his
own choice adopts the dangerous method
and is injured while so engaged, no re-
coTery from the railroad company can be
had for such injuries.
Where railroad company furnishes
It's freight cars with automatic couplers,
coupling by impact, with which cars may
De coupled and uncoupled with safety,
and without going between the cars a
brakeman who refuses to use such safety
appliance. and voluntarily adopts the dan
gerous method of going between the cars
ana riding on the brake beam while max
ing flying switch, and is fatally injured
while so engaged, no recovery can be had
against the company. under section 422 of
the Code. by the surviving widow or per-
sonal representative of the deceased
All the Justices concurring
A true copy.
Attest: D. A. VALENTINE,
lSeaI.I Clerk Supreme Court.
The Topeka state journal., 1908-11-11
No. IS. .261.
R. A. Sykes, ct al.


The Citizens National Bank of DeS
Moines, Iowa.
Error from Wyandotte County.
REVERSED.
Syllabus. BY the Court Benson. ]
J. In the absence of stipulations ewing
Ing different intention, the negotiable
quality of promissory note made in
Kansas and payable in Missouri will be
determined by the law of Missouri.
2. The common law of another state
governing commercial transactions in is
sue in the courts of this state is to be
determined as a fact. upon pleadings and
proof: in the absence of such proof it will
be presumed that it is the same as our
own.
g. The evidence is examined and is
found to be insufficient to support the
findings of the district court that the note
III suit was. by the law of Missouri, ne
Rotiable.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
LSeaL1 Clerk Supreme Court.
The Topeka state journal., 1908-11-11
LEGAL.
NOTICE no BIDDERS.

IFirst published in The Topeka State
Journal November TO- 190S.l
The Topeka state journal., 1908-11-11
81 No. rs. .S7S.
State of Kansas

81 No 1888.
State of Kansas
Charles Workman.
Appeal from Neosho County.
AFFIRMED
Syllabus By the Court Mason, J.
l. To warrant a conviction under the
statute (sec. 1. ch. 21S. laws of 1909 max
ing the theft in the nighttime of ANY
harness" grand larceny, it is not neces-
sary that the property stolen comprise all
the parts of complete harness.
2. In a criminal case it is not material
error to instruct that a confession volun-
tarily and deliberately made furnishes evil
dence of the highest character against the
person making it, when the jury are also
told that they are to determine the weight
to be given to the evidence on the sub
ject
All the Justices concurrtng.
A true COPY.
Attest; D. A. VALENTINE,
ESeaL1 Clerk Supreme Court.
The Topeka state journal., 1908-11-11
No. 10, 5,656.
Martha J. Shoop.

No 1856.
Martha J. Shoop.
vs.
John H. Burnside ct al.
Error from Finney County.
REVERSED.
Syllabus BY the Court. Porter, j.
1. Specific performance is not a matter
of right but of equity and rests in the
sound legal discretion of the court. Be-
fore the relief will be granted the con-
tract must appear to have been entered
advantage or imposition, and the facts
and circumstances must be such as ap-
peal to the conscience of the court and
compel it's discretion.
2 The evidence in this case examined
and held not to warrant a decree for the
specific performance of a contract for the
sale of lands.
All the Justices concurring.
true copy. .-.
Attest: D. A. VALENTINE,
TSeaL1 Clerk Supreme Court.
The Topeka state journal., 1908-11-11

~~~-~-~~-~~~~-~-~---~~~-~ ~~-~---~-~~~~~~~~~0~-~~-~.
MERCHANTS TRANSFER & STORAGE
Co. packs, ships and stores household
goods. Tel 1S6. Clarence Skinner. G11
Quincy St
The Topeka state journal., 1908-11-11

No. 1855
st. Louis & San Francisco Railroad
Company.
VS..
Charles Elrod.
Error from Cherokee County.
REVERSED.
SvlIa bus By the Court. Smith, j.
In an action for the recovery of dam
ages for personal injuries the plaintn
can not recover upon any ground of neg
ligence which is not alleged In his petit
tiUn.
All the Justices concurring.
A true copy. --.-
Attest: d. A. VALENTINE,
TSeal1 Clerk Supreme Court.
The Topeka state journal., 1908-11-11
No. Is. $50
The State of Kansas

|. David L. Simmons.
Appeal from Geary County.
AFFIRMED.
syllabus. BY the Court. Smith, j.
1. Where a defendant on trial on a
charge OF felony voluntarily goes upon
the witness stand and testifies in reference
to his connection with the offense charged
and the circumstances connected there
with and after Judgment procures a new
reduced to writing by stenographer at
the first trial may be introduced in evil
oence by the state upon the second trial.
2 In such case if the accused valves
his privilege and takes the witness stand
in his own behalf at any stage of the
prosecution. he valves it for every subse-
quent stage. 1. Thompson on Trials, Sec.
8. The state may use the evidence of a
witness upon the second trial of felony
when the evidence given by the witness
on the first trial was reduced to writing
and properly identified and at the time Of
the second trial the witness was dead or
was not within the boundaries of the
state.
f. The extent to which a prosecuting
attorney may go in his closing argument
In Illustrating before the jury what he
claims the evidence proves by placing
other persons or himself In certain posi-
tions. is matter within the discretion of
the court and unless It is shown that
such discretion was abused and that the
defendant was preiudiced by an illustra-
case. error will not be predicated upon
the ruling of the court allowing the same
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE
[Seal1 Clerk Supreme Court
The Topeka state journal., 1908-11-11

No. 159 942.
The State of Kansas, on the Relation OF
Thos. H. Kingsley, County Attorney
\ of Miami County, Kansas.
Wilbur E. Hoover, Clerk of the District
Court OF Miami County, Kansas
Original Action in Mandamus.
WRIT DENIED.
Syllabus. BY the Court. Benson, ].
1. Section eighteen of chapter 80 of the
General Statutes Of 1s6s 1I which re reauhire1si hs1i
be collected from the successful party on
the rendition of verdict in his favor and
taxed as costs in the action is not re-
peaIed but remains in force.
2. The writ of uandamt1s VIII not be
allowed to ooeree the clerk. of a district
court to attempt the collection and taxa
ton as costs of such jury fees in cases no
longer pending wherein the liability or
the parties for such fees have been finally
determined. and a general order will not
be made IN anticipation of delinquency in
cases hereafter to be tried 1T is pre-
sumed that the law as now interpreted
will be observed.
All the Justices concurring.
A true copy.
Attest: d. A. VALENTINE,
TSeaLJ Clerk Supreme Court.
The Topeka state journal., 1908-11-11
No. Is, 1863.
Humphrey Calhoun.

No. 1888.
Humphrey Calhoun.
Ed. Anderson. ct al.
Error rom kingman County.
= Syllabus. BY the Court Mason. j.
Where at the time of the execution of a
deed the grantee and grantor execute a
contract by which the former agrees to
sell and the latter agrees to buy the land
tion of the deed the transaction is at
least presumptively a mortgage.
All the Justices concurring.
Attest; D. A. VALENTINE.
[SeaL1 Clerk Supreme Court
Catherine Calhoun
Ed. Anderson, ct al
Error from Kingman County.
AFFIRMED.
No new consideration is requisite to
sustain the validity of a deed given by
the same grantee or to another at his re-
quest in ratification of the conveyance
OF the property made during minority
All the Justices concurring.
Attest: D. A. VALENTINE,
ISeaL1 Clerk Supreme Court
Rossville Township of Shawnee County,
Kansas.
Alma National Bank, ct al
Error from Shawnee County.
REVERSED.
Syllabus. BY the Court. Graves. i
Section 1926 Gen. Stat. 1901 does not au-
thorize township boards to provide either
in whole or in part for the construction
OF a bridge costing $4,000. and subscrip-
tion made by such a board for such pur-
pose in the sum of 100 is void.
All the Justices concurrlng.
A true copy.
Attest: D. A. VALENTINE.
TSeaL1 Clerk Supreme Court.
No. 10 49,
Missouri Kansas & Texas Railway Com
pany
znhn EeaIy, Sealy Hutchings, George
The Topeka state journal., 1908-11-11
No. 1881.
The state of Kansas.

No. 1887.
The state of Kansas.
vs..
William johnson.
Appeal from Miami County.
AFFIRMED.
Syllabus. By the Court. Mason; > ::
Where one attempts to steal an article
ceeds in dislodging it 80 that it falls to
the floor, without having had control OF
it for a single instant, the offense OF
larceny is not complete.
All the Justices concurrtng.
Attest: D. A. VALENTINE.
fseaI1 Clerk Supreme Court
The Topeka state journal., 1908-11-11
LEGAL.

VS..
H. Mcdowell.
Error from Miami County.
REVERSED. --
syllabus. BY the Court Porter, j.
IN an action against a railway com
pany to recover damages caused by IRE
where the property injured was attached
10 and had become part of real estate
II is error for the court to refuse to permit
the railway company to inquire into the
value of the land before and after the fire.
All the Justices concurr1ng.
A true copy.
Attest: d. A. VALENTINE,
ESezLI Clerk Supreme Court.
The Topeka state journal., 1908-11-11
No. 1906.
A. C. Wheeler

No. 1906.
A. C. Wheeler
We
H. v. BAyrence.
Error from Finney County.
AFFIRMED.
Syllabus BY the Court. Smith, J.
/. One who is contesting the returns OF
a canvassing board. who produces the
county clerk and proves by him, for the
information of the court" what the re-
turns of the board in fact show, does
not thereby assert the correctness of such
returns nor is he thereby estopped from
proving by a recount of the Ballots the
true result of the votes cast at the elec-
ton.
q Upon the trial of an election contest
before the ballots returned at the election
should be re-counted by the court, as the
best evidence Of the result of the election,
it should be shown that such ballots have
been In the continuous possession Of the
The Topeka state journal., 1908-11-11
No. $3.50.
City OF Wichita.

No. 1890
City OF Wichita.
VS..
George A. Murphy
Appeal from Sedgwick County.
AFFIRMED
Syllabus. BY the Court. Graves, J.
J. A city ordinance for the suppression
of the sale of intoxicating liquors, enact
ed in pursuance of the authority confer
red by section 2499 Gen. Statutes 1901,
which provides that Offenders under such
ordinance shall be committed to the city
Jail, is not void because of such pro-
vision.
3. where a defendant is convicted of
selling Intoxicating liquor in violation of
the provisions of a valid city ordinance,
and has been duly sentenced therefor,
the subsequent repeal of such ordinance
does not relieve the defendant from such
sentence
. All the Justices concurring.
A true copy. "
Attest: D. A. VALENTINE,
TSeaIl Clerk Supreme Court.
The Topeka state journal., 1908-11-11

D. A. VALENTINE,
Clerk Supreme Court.
The Topeka state journal., 1908-11-11

WANTED you to order your cider from
Waahburn's cider works. Ind 2S15 Black.
Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1908-08-29
CASE IS BEING
FOUGHT HARD

From Fridays Daily.
The case of A. M. De France
against Ida M Reeves and others is
holding the attention of the district
court today The case is one in which
the title of the De France Pop works
and other property is involved. The
contestants are making a strong fight
on each side and the case will prob
ably not conclude before Monday
The parties contesting De Frances
ownership are Ida M. Reeves and
Nettie Helm The grounds on which
the fight is being made is the claim
of Mrs Reeves, as sister of the late
former wife of A. M. De France, and
Mrs Hefin, a niece, who made her
home with the former Mrs De France,
that Mrs. De France was the owner
of the property involved and they
seek to secure a share of the same.
Thomas Shea pleaded guilty
yesterday to operating gambling
house and was fined $50
Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1908-08-29

the work. When complete it will be
one of the neatest cottages in the
town.
Mr. and Mrs. Earl Saar returned
Monday from a visit with his parents
at Henderson, Iowa.
James, Lee and Burr Harbridge are
attending Des Moines fair.
Mrs. Terrier and Mr.. Burrow, OF
keoukuk county. are visiting at the
home of A. Leverton.
Mrs. Hattie Huffman. of Minneapo-
lis, Mimi, formerly Miss Hattie
Smith, of this place spent Monday
with friends in this city.
Mrs. Hattie Van Aukin and children
of Palisade, Neb., are visiting the
formers parents, Mr.. and Mrs. ALT.
Higgins.
Mrs. Henry Harmon is visiting Can
tril relatives.
A. earns and wife are visiting rela-
tives in Ohio.
George Bean and family of Batavia
are visiting their daughter Sarah
Linn near town.
Mary Lucille Parker only child OF
Arthur and Lizzie Parker, died Aug
ust % at the age of two years, one
month and is days.
Harvey Wollam is visiting in ONO
Editor Gurnsey of Milton Harald
transacted business in Cantril Satur-
day.
James Bagsby and family of Birm'
ingham. are visiting in and near town
DR.. PAIL and John Lowenstein, were
called to Keokuk by the illness of thell
father.
Mrs. Powell and Alice Pritchett arr
visiting Mrs. Siders at Centerville.
Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1908-08-29
SHOOTING LEADS
TO THREE ARRESTS
MAN AND TWO WOMEN WHO
HAVE BEEN IN JAIL AT
ALBA.

Abba, August 81. Especially
A man giving his name as Jim Bor-
den, his wife and young girl whom
they had with them are under arrest
here as the result of shooting that
had taken place near Hiteman.. Bor-
den and the rest or the outfit have
been in covered wagon and have
been camped short distance south
of Hiteman. The girl with them is
from well-to-do family in Des
Moines and her name is suppressed,
she giving her travelling name as Mae
Hughes. There had been some trou.
BILE at the camp of the party and
some shooting had been done. 1t Is
known that one man was injured by
some of the shot, but his friends got
him away and since that time there
has been nothing heard of that end
of the trouble. The girl is in a serious
condition. Four of her front teeth
have been knocked out and both OF
her eyes were black from a beating
she had received.
The party refuse to say anything
about the trouble and it is probable
the officers will escort them to the
limits of the county and tell then
to continue their hike. They are as
tough an outfit as has ever come tt
the county and the best and cheapes
way to get rid of them is to ordel
them to move along.
Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1908-08-29
WILLIAM SBuRG.

Williamsburg.-W McPatten and
wife, Of Dallas, Tex, are here visiting
at the Keller home.
Eugene Butler, of Vancouver, British
Columbia, is here visiting his aged
father and brothers. He has been
away 20 years and notes great changes
in Iowa.
Mrs. H. E. Hull,of this city, is in
Denver this week
Thomas Roberts, east of town, has
moved to Cedar Rapids and accepted
position as street car conductor.
Mrs. John Yates, son and wife are
at South Amana.
the First Presbyterian church, who has
been away on a vacation, has return
ed Fl
E. w. Lloyd, president of the Fair
association, was in Ottumwa recently
on business.
Benz Harris and son were at Den
Yer recently
N T. Leech, of the Jackson Grain
Co., this city. has moved to the Chas.
Hastings residence in the north part
of town
Peter Hack, wife and granddaugh-
ter, are attending the state fair this
week.
County Attorney Wallace was at
Marengo recently on business.
Attorney r. w. Yoss went to Mis-
souri, Monday on legal business.
w. c. Carson, of North .aglish, was
| in town Tuesday.
Thomas Lewis and wife, of Decatur
county, Iowa. is in town visiting with
| relatives and friends.
Ralph Evans. of the Citizens Bank,
was in Missouri last week.
| w. Ellison, the implement man, is at
the state fair this week.
Will Raglan, workman on the new
| school building, fell one day last week
but received only slight injuries and is
at work again.
w. R. Evans went to Lincoln town
| ship Tuesday.
Chas. Fletcher was in Millersburg
North English and Cosgrove recently
on business in connection with the fair.
Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1908-08-29
INSTITUTE Will
CLOSE TODAY
MEETING OF EDUCATORS AT THE
LOCAL HIGH SCHOOL TERMI-
MATES THIS AFTERNOON.

From Fridays Daily.
The Wapello County Institute has
been a great success this year and
County Superintendent Emma Nye
feels we'll satisfied with the work
done Today is the closing session and
Prof. R. G. Barrett of Ames gave the
first address Of the afternoon on the
subject, Pictures, Problems and
Purposes He was followed by Prof.
E. B. Sherman on the subject,
Through Reading to the Soul"
Prof Barr of Drake university lee
tured this afternoon at 2:15 on the
subject, "The Development of the Ed
vocational Ideal,'' carrying on the sub
ject which he gave on Monday after
noon. The purpose of Prof. Bars dis
cussion was to call the attention OF
the teachers to the fact that educa.
tional progress had not kept pace
with the progress of civilization in
other lines. He said that the teachers
of today were compelled to solve the
problems that confronted school men
of 800 years ago. Prof. Barr did not
wish to leave the impression that he
was a pessimist, but on the contrary
was very optimistic con corning the
development of education toward g
higher standard But he knew it tc
be a fact that for two or three hun
dred years the schools have not KEEP
up with eli; iiization in other lines.
I Corporal Punishment.
Prof Barr then discussed the ques
ton of corporal punishment which
has been under discussion for the las
800 years. He called attention to the
fact that Comenius in the seven
teenth century and Rousseau ant
Pestalozzie in the eighteenth centur.
advanced educational reforms which
were directly in line with those ad
vanced by thinkers today.
Prof. Barr closed by showing HOY
Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1908-08-29
GREAT EXCITEMENT
AT DES MONIES
They are coming to Ottumwa next
morning.

They are coming to Ottumwa next
Wednesday morning.
Hundreds of people of Des Moines
are greatly excited over the many re-
markable cures that are being made
at that point by the new discovery
known as Root Juice. Many that
suffered for years with some chronic
ailment, after taking the juice a short
while claim an absolute cure. Testi-
monials of local people whose word
cannot be doubted, are being publish
ed by the hundreds, and for the past
few weeks people have been going in
crowds to Wagner's for miles to get
some of the great medicine. The drug
gist at that point said that he never
saw anything like it. Out of all of the
hundreds who tried it not q single
complaint has been heard, but many
said the first few doses OF the juice
created marked Improvement" The
scientist was invited to come here or
send a demonstration He promised to
be here next Wednesday morning
The demonstrations will be conducted
in Sargent's drug store and will begin
at a. m.'on day of arrival. The rem
edy heals and tones the stomach
bowels, bladder, liver and kidneys. II
soon creates a good appetite and stops
the food from fermenting in the stom
ach and bowels. Then good healthy
blood is made to build up the wasted
tissue and feed the weakened nerves
1t makes rapid cures of rheumatism
indigestion, constipation, kidney trou
bles and nervousness. 1t is 81 bottle
| Three bottles for $3.50.
Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1908-08-29

the educational ideal was slowly
changing and taking on forms that
were more compatible with the adj
vance in other lines of civilization.
Prof Barr was followed at 3:15 by
Mrs. Gundrun Thorne-Thompson, who
told stories for an hour, and through
her skill in portraying characters and
describing places she made the teach
ers forget they were attending Insti-
tute in the enjoyment of the story.
Mrs. Thorne-Thompson has delight
fully original manner all her own.
which gives her stories an individual
character which is most attractive.
The speaker is an expert in primary
work and is full of interesting and
new ideas for the little people. An
hour spent listening to Mrs. Thorne-
Thompson relate her folk lore is one
that will be remembered for many
months by her hearers.
Mrs. Harrison's Work Most Efficient.
The music of the institute is not the
least of the good things that is dealt
out to the assembled teachers. This
department of study has been adj
vanced in the local schools to a very
high standard under the efficient di-
rection of Mrs. Theodosia Harrison,
and the work of this teacher has
played no mean part in the success of
the Wapello County Institute this
year.
Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1908-08-29
LOCAL NEWS ITEMS
From Thursdays Daily.
Read goth Century in this issue.

From Thursdays Daily.
Read goth Century in this issue.
Attorney E. K. Daugherty left yes
terday afternoon for Eldon where he
Will spend a short time on busintss.
Mrs. Belle Stevens returned to her
home in West Chester yesterday after,
noon after spending the day in the
city visiting and shopping.
/! Neasham sells the best watches.
Mrs. P. j. Hardin, who spent a
short time in the city on business, re
turned to her home in Charlton yes
terday afternoon.
Miss Pearl Kneedler, who has been
attending Normal at the institute, re
turned to her home in Eldon yester
day afternoon on the Rock Island.
Miss Alberta Schaefer and Miss
Arta Brooks returned to their home il
Eldon yesterday afternoon after spend