The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-05-08
CITY MUST PAY.
Continued from Page one.)
Supreme Court Decisions.

from rage OIS.J
Supreme Court Decisions.
LIST of opinions handed down by the
supreme court of Kansas on Saturday,
May 8. 1909:
BY JOHNSTON. C. J.
Missouri. Kansas & Texas Ry. Co.
VS.. the New Era Milling company; err
ror from Labette county. Reversed
and remanded for further proceed
ings.
State of Kansas vs. Charles Fritz;
error from Saline county. Affirmed.
The c., R. 1. & P. Ry. Co. VS.. Laura
wheeler ct al, ETC.; error from Clay
county. Reversed and renamed with
directions to enter judgment in favor
of the railway company on the special
findings of the jury.
State of Kansas VS.. Henry Werner;
error from Leavenworth county. Re-
versed and renanded for further pro-
ceedings
BY BURCH, J..
V. L. Bershears VS.. Nelson Distilling
company; error from Butler county
Reversed and remanded-
State of Kansas VS.. John c. Moore;
appeal from Cowley county. Affirmed.
State of Kansas VS. F. M. Iolcomb
county clerk; original proceeding in
mandamuS- Peremptory writ allow
ed, judgment entered against defend
ant.
In the matter of application of
Amos ~ on for writ of habeaS
corpus, original proceeding. Petition
er. d,sT ha-s>f
BY MASON, ].
Edgar B. Corse VS.. w. L. Kelly; err
ror from Kiowa county. Affirmed.
T. o. Kelley VS.. Jerry Forney; error
from Marion county. Reversed and
remanded for further proceedings.
City of Cherryvale VS.. Minerva Haw-
man ct al; error from Montgomery
county. Affirmed.
First National hank of Lincoln
Neb., VS.. Elias Duncan; error from
Sheridan county. Affirmed.
State of Kansas VS.. o. c. Lund; ap-
peal from Clay county. Affirmed.
Joseph J. Cole ct al VS.. Richard N.
Dorr, city clerk: original proceeding
in mandamus. Writ denied, judgment
entered against plaintiffs Burch, J.,
dissents from first paragraph syllabus
and corresp onding portion of opinion.
BY SMITH. J.
Lewis F. Cooper VS.. City of Good
land ct al; error from Sherman county.
Affirmed.
Charles Reitler VS.. William A. Harris;
error from Edwards county Affirmed.
George V. McKeever VS.. w. s. Buker
ct al; error from Jefferson county. Re-
versed and remanded with instructions
to set aside the judgment, sustain the
demurrer and proceed as if demurrer
had been sustained at the time it was
considered.
LII OINIGIN,
E. T. Jones VS.. J. H. Hickey ct al;
E. I. Jones VS. J. l. Gibbons; error from
Seward county. Affirmed
Wilson Moline Buggy company VS.
c. B. E. Hawkins; error from Lyon
county. Affirmed.
James F. Hulen VS.. The National Fire
Insurance Co. of Hartford, Conn; err
ror from Labette county. Reversed and
remanded for further proceedings.
William Simmonds VS.. W. R. Long
ct al, partner, etc.; error from King
man county. Reversed and remanded
for new trial.
o. w. Petersilie US. Mary McLachlin;
error from Ness county. Affirmed
BY GRAVES. J.
George Francis VS.. Calista ]. Brock:
error from Montgomery county. Re
versed conditionally:-plain to ac-
cent judgment for $500 or have new
trial.
Fred L. Morris VS.. F. H. Morris ct
al; error from Labette county. AT
firmed.
Grove Coal & Mining Co.; error from
Cherokee county Reversed and re-
manded for further proceedings.
Mary Mathes ct al VS.. The Shaw Oil
Co; error from Neosho county. Re
versed and remanded with directions to
tense of the answer and for further
proceedings.
Citizens National bank of Fort Scott
Kan. VS.. The Bank of Commerce ct al;
error from Neosho county. Reversed
and remanded with directions to over
rule the demurrer to the interplea and
for further proceedings.
BY BENSON, J.
NJ. l.. George ct al VS.. Joe Lane ct
| al; error from Shawnee county; on
| rehearing; former judgment of ere
versed and remanded for further pro-
ceedings" upheld.
| A. NJ. Horner VS. Theodore Schin-
stock; error from Kingman county;
| affirmed.
Frank Polkosky, ct al VS.. Rufus G.
| Kessler; error from Trego county;
reversed upon the petition in error of
Frank Polkosky and wife, and re-
manded with directions to enter judg-
ment in their favor.
Charles ]. Brenholts VS.. Volney T.
Miller; error from Ness county. AZ
| firmed
Joseph F. Doyle VS. the Hays Land
| & Investment Co., error from Kearny
county; reversed and remanded for
| a new trial.
State of Kansas, ex rel; VS. w. E
Bentley. ct al; original proceeding in
quo warranto: judgment for plaintiff.
PER CURTAIN.
L. H. Wiggin, ct al We. F. P. Dick