The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-03-07

erty, has been absent from LAG Sleeo
for such period Of time that the
mortgage had outlawed. Simmons held
the mortgage to be outlawed. and the
lower court sustained this. The SUI
preme court reverses this Judgment and
remands the case for further proceed
ings.
In the suit of the county commission
ers Of Cheyenne county against the
county commissioners of Norton coun-
ty to determine who should pay the
costs in the Chauncey Dewey murder
trial, the supreme court denies new
trial and corrects its judgment In the
former case. which was that Chey
county should pay the costs. -Four items
were left out of it's former judgment
and these are added to compel Cheyenne
county to pay the mileage OF deputy
sheriffs which Norton county claimed
was due.
The factory inspection act OF 1908
which requires the owners of manu-
featuring establishments to enclose or
secure elevator shafts, to protect the
lives Of employees, is held constitutional
by the supreme court In the suit OF
the Fowler Packing company against
Joseph Emzenperger, 1r. Emzenper-
ger was working on an elevator at one
Of the floor in the packing plant wnen
and struck him. The packing COM
pany fought q suit for damages on the
ground that it was not required TO
have a railing around the elevators
when it protected the shafts Win en-
closures The court holds that every
sort of protection must be given 70
employees or a company is Liable TOT
damages.
II a man signs note or a mort
gage under the threat that unless he
does so his son will be arrested Tor
embezzlement, the supreme court
holds that the notes and mortgages SO
signed are invalid, because they were
executed under duress. This Is the
decision given by the court today IN
the case of the Williamson-Halsell
Frazier company against Joseph j.
Alderman, from Sedgwtck county.
This decision sustains the lower court.
The evidence showed that John II.
Alderman, son of Joseph Alderman
was employed by the Williamson
company. Halsell came to Joseph
Alderman and told him that his son
had embezzled 1000 Of the company 9
money. He said he had deputy
sheriff in, the next room with a wal
er would sign the notes. johns sister
begged her father to sign the notes,
and he finally did, So The lower court
held that notes signed under such cir
curnstances were illegal. and the SUI
List OF Opinions.
The following is list Of today's de-
BY JOHNSTON. Chief Justice.
| The Fowler Packing Co. VS.. Joseph
common pleas Wyandotte county Az
| irmed.
error from Wichita county. Reversed
~. y, yoY.na n q
| Charles e. Gibson VS.. r. M Freeland;
error from Scott county. Affirmed.
Otto Kurth ct al VS.. Farmers and Mer-
chants State bank; error from riley
county Reversed and remanded for
| new trial.
The williamson HalseH Frazier Co.
VS.. Joseph ]. Alderman ct al; error
| from Sedgwick county. Afflrmeo.
| BY BURCH, j.
| George B. Cones vs.. Charles =. 41o-
son; error from Lane county, proceed
| ing in error. Dismissed.
| Charles u. Gibson VS.. Jennie FerreH;
error from Lane county. AHrmed-
| Henry Elk c. Eyer ct al VS.. ]. U.
Brown ct al; error from Greeley coun-
~ ' BY SMITH. J.
| D. N. Osborne, ct al VS.. Carrie M.
Atkinson, ct al; error from Lane
| county, affirmed.
Charles E. Gibson. We Adam r
affirmed.
The G. r. I. & P. Ry CO.. VS.. N. N.
Clinkenbeard; error from smith coun-
| ty, affirmed.
The state of Kansas vs. Frank rank
Thurston, ct al; appeal 1ro1h Diiis
Frank Rockefeller VS.. K. 2. Ringie;
error from Reno county. affirmed.
BY PORTER. J.
| Mrs. e. D. Ferguson ct al vs.. city
| of Coffeyville. ct al; error from Mont
| gomery county, affirmed.
E. F. Madden VS.. Cheshire Provi-
| dent institution. ct al: error from
| Shawnee county, affirmed.
Audley Tidball VS.. Joseph B.
Schmeltz; error from Shawnee coun-
ty, affirmed. o,,
mons. ct al: error from Lane county,
reversed and remanded for further
| proceedings
The state of Kansas ex rel VS.
board of county commissioners. But
Ter county ct al; error from ou1iei
BY GRAVES, ].
| George Ann ST. Clair vs. Artnuf
q. Craig, ct al; error from Atcnlson
county, affirmed
NJ. C. Stevenson VS.. z. w. carson,
and remanded with directions to en-
ter Judgment for costs in favor of the
| defendant. .
Oil Well Supply Co. vs. w. 8
johnson; error from shawnee county
reversed and remanded for further
proceedings. Johnston. c. ]. dissent
ing.
Eleanor P. Dye VS.. The Midlano
| Valley Railway Co. ct al; error lroin
Cowley county, affirmed.
BY BENSON, J..
Emily M. Gray VS.. DENNIS -. DotS
ct al; error from Finney county Al
frmed.
Modern Woodmen OF Atnerican vs.
Joseph Gordon ct al; error iroha 0na"
nee county. Affirmed =
| John Bertenshaw, admir-, etc. vs.. j
S. Laney; error from Montgomer.
county. Reversed and remahueo LOT
1 new trial