davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-11-09

LEGAL


purpose of avoiding the necessity of tax
ing dispositions, the agreement being that
the the statements contained may be read in
competency and relevancy, does not en-
large the issues made by. the pleadings
or operate as a waiver of any omission
therein.
2. The several sections of the act of
Stat, at Id. making it unlawful for rail-
road companies engaged in Interstate
certain specified Appliances. are framed
upon the same general plan and notwith-
standing any minor differences in their
court of the United States that one of
them Is intended to impose upon the car
repair the equipment therein p rq1ire re so irl
respective of any question of negligence,
e se gwen to T5e rs bars
agraph of the syllabus. in Railway Co. VS..
! All the Justices concurrlng.
| true copy.
| Attest: D. A. VALENTINE.
| tSealI Clerk Supreme Court.
o. q. Giafiin
The Board of County Commissioners of
Wyandotte County; Kansas
| Court.
AFFIRMED.
! Chapter 1Ss of the laws of 1907 provid-
ing that certain public officers shall not
be entitled TO witness fees IN certain
cases does not deprive the officers named
! of the equal protection of the laws and
operates uniformly throughout the state.
All the Justices concurrlng.
! A true copy.
| Attest d. A. VALENTINE.
| tSeaL1 Clerk Supreme Court.
Il No 15,s12
The Chicago, Rock Island & Pacific Rail-
4 way Company
A. C. James.
Error from Marion County.
! On Rehearing.
| AFFIRMED.
Syllabus. By the Court Mason, ].
| l. Where the conductor of a freight
train while riding in the cabooSe with A
number of passengers discovers that one
of the cars is fire and announces the
fact in loud voice and excited manner.
his conduct may be such as naturally TO
lead the passengers to suppose that the
interior of the caboose has become place
of danger and to seek safety on the plat
FORM and held, that under the facts of
this case whether his conduct was of that
character was a question for the jury.
2. 1t is negligence for a conductor to
cause passenger to go upon the plat
, form unnecessarily at time when sud
i den stopping of the train is to be eX-
ipected.
8. Where a contract provides that nc
suit shall be brought upon 1t unless with
: | in six months after a cause of actor
: | shall accrue, and that the giving of q
: dition precedent to the bringing of sucf
! suit. assuming these provisions to be
: valid, the six months within which the
/ suit must be brought does not begin t
run until the notice is given.
a All the Justices cOncurring.
; A true COPY.
Attest: D. A. VALENTINE.
. CSeal1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-11-09
No. 16, 456.
The State of Kansas.

No. 16, 456.
The State of Kansas.
VS..
George Ray.
Appeal from Leavenworth County.
DISMISSED.
Syllabus. By the Court. Benson, j..
!: The civil code Gen. Stat. 1901, sec.
slSs Code. 1903. sec. ZOO gives a party
magistrate an appeal to the district court
by the writ of habeas corpus.
district court from the order of an ex-
aiming magistrate committing person
upon criminal charge. and he is upon
such proceedings discharged by the dis
trict court for want of probable cause to
hold him for trial, there is no authority
for an appeal to this court from the Or
der discharging the prisoner.
All the Justices concurring.
A true copy.
Attest: D. a. VALENTINE,
lSeaL1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-11-09
DAILY JoURNA-TuEsDAY EVENING NOVEMBER
LEGAL.

such consent was given jointly or not is
immaterial.
All the justices concurring.
A true copy.
Attest: d. A. VALENTINE,
lSea1.1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-11-09

ton. 1 knew what the law was, AMI
my superiors were against me. If I ac-
cepted their ruling, 100000 acres of
Alaska coal lands were slipping from
the United States with no hope of re-
covery-and were going to claimants
many of whom were fraudulent. The
chance for the wise regulation Of
Alaska coal lands urged by President
Roosevelt would be gone.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-11-09

r, NO 1o,i44.
ness as The City Transfer Company
vs..
George w. Wiley
Error from Reno County.
AFFIRMED.
l. warehouSeman who contracts to
store the goods of another in a brick
building. but in violation of his agree
ment stores them In an adjoining wooden
building. sheeted with iron. which is less
secure and the goods are burned in a
fire which did not destroy the brick
building, or its contents. is liable for the
2. In the absence of an express agree
ment the law implies that warehouse
man for compensation will exercise rea-
SOnab Bile care to protect and preserve pro-
perty entrusted to him for safe keeping
and imposes a liability for a, loss result
ing from his failure in that respect.
3. He is not an insurer of goods re-
ceived for storage. nor is he required to
provide a building which is secure from
danger from within or without that could
is required not only to place. such goods
in building reasonably adequate and
safe against danger from within. but
should exercise due care to store them in
to unusual hazards from without.
4. In action to recover for the loss
of goods entrusted to a warehoNseman it
is competent for the owner to set up his
cause of action in two counts one upon
an express agreement, as to the charac-
ter of the building in which the goods are
another based the implied undertake
ing of the warehouseman to exercise rea-
sonable care in providing an adequate
and safe place for the goods delivered to
him for safe keeping.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
ISea1.1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-11-09
D. A. VALENTINE,
Clerk Supreme Court.
No. Is. 900.
Harry RrinkTn efer

No. 16,O90
Henry Brinkmeier
The Missouri Pacific Railway Company.
Error from Sedgwick County.
AFFIRMED.
Syllabus BY the Court. Mason, j.
l. A written stipulation as to the ex-
istence of certain facts entered into by
the parties to an action for the express
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-11-09
-..,... No. 16, 400.
. The State Of Kansas

-.1fs ~ - ffs' ~
Bert Tawney
Appeal from Franklin County.
REVERSED.
Syllabus. By the Court. Johnston. c. J.
change of venue upon the affidavit of de-
fendant alleging prejudice of the judge,
although no counter affidavit, or proof,
Is filed, where the judge is satisfied that
his mind is free from prejudice and that
the statements in defendants affidavit
are without foundation.
p The fact that the court in approving
q verdict and pronouncing sentence at a
former trial of defendant upon the same
guilt does not of itself indicate prejudice
3. Ordinarily an expression of opinion
by the Judge upon an issue of fact has
great weight with jurors and he should
therefore carefully abstain from indicat-
ing his opinion upon material question
of fact which it is the province of the
jury to determine.
a. 1t is competent for defendant to
bring out on cross-examination of a wit
tending to show that his testimony may
have been influenced or colored by intim.
tive and thus aid the iury IN measur riiu,
the value of the testimony.
o.. 1t was competent for the defendant
to bring out or show. that the principal
witness for the prosecution, who it was
claimed was also involved in the offense
charged. when called upon to testify al
the preliminary examination of defendant
refused to give his testimony; that he
was then committed to the county Jail fol
several hours until he became willing tC
testify and that then he was brought IL
and gave testimony exculpating himself
and supporting the charge against de
bring out any circumstances tending tt
show that the testimony of the witness
was obtained by coercion, interest in the
result of the trial, or which might affect
his credibility.
s. It is not proper for a court in in
structing a jury to call special attention
to an isolated fact and by making II
prominent suggest to the jury that It Is
of greater significance and weight thar
other unmentfoned facts in the case which
are of no less Importance.
All the Justices concurring except Ben
son, J., not sitting.
A true copy.
Attest: Z. A. VALENTINE
lSeal1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-11-09
No. 16,OO7.
Frank PolkoSky, ct al.


Rufus G. Kessler.
Error from Trego County.
On Rehearing.
REVERSED.
Syllabus. By the Court. Benson, }.
l. Although the statute authorizing the
county clerk to include in one tax deed
several tracts of land sold to the same
purchaser Gen. Stat. 1901, sec. 7677) re-
interest and penalty for which each sep
arate tract, was sold and conveyed, the
deed, after 1t has been on record more
than five years. will be deemed sufficient
which the separate tracts were sold are
stated, and the amount for which each
was conveyed can be determined from the
language used in the deed, aided by all
proper inference, although not stated in
the granting clause.
2. A tax deed included two adjoining
tracts; it stated the amount for which
each tract was bid off for the county in
September. 1894. the amount for which the
certificate upon each tract was assigned
to the purchaser in July, 1897, and the
conveyed September 80, 1887. reciting that
it was for the taxes, costs and interest
due on the land for the years 1885, 1894.
and 1885; the proportion between the
ficates were assigned appears to be the
same as the proportion between the
amounts for which the different tracts
were sold; it is held that small excess
in the gross consideration stated in the
deed over the sum of the amounts for
which the assignments were made may
be apportioned in the same ratio. and that
the amount for which each tract was
conveyed can, by the aid of the liberal
presumptions INDUCED to support tax
deed after the period of limitations has
expired, be determined by proportion.
All the Justices concurring.
Attest: D. A. VALENTINE,
lSeal.1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-11-09

VS..
James A. Smith
REVERSED.
Error from Atchison County.
Syllabus. By the Court. Johnston, C. j.
1. Chapter $50 of the laws of 1908, reg
ulating the compensation of the sheriff
and other officers of Atchison County, is
not superseded or annulled by Chapter
2H of the Laws of 1906 and the compen-
sation of the sheriff of that county must
be measured by the provisions of the
earlier act.
?. The provision of the act of 1906 that
the extra allowance for boarding and
lodging prisoners shall not be operative
until the board of county commissioners
of the county shall make an order in
writing to that effect and shall enter the
same on their journal Is not an invalid
delegation of legislative power.
All the Justices concurrlng.
A true copy.
Attest: D. A. VALENTINE,
ISeal1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-11-09

No. 1862
In the matter of the application of James
F. Hornung for writ of habeas cor
pus.
Original Proceeding.
PETITIONER REMANDED
Syllabus. By the Court Smith J.
L The petitioner was committed to the
penitentiary under a judgment and YER
dict of guilty of felony rendered in the
district court. The district court had
jurisdiction to render the Judgment which
in fact it did render. and no other court
In the state has jurisdiction to INQUIRE
into the validity of commitment there
under.
2 The district court may at or after
the term at which Judgment is rendered
correct the record of the Judgment whe1
such record does not speak the truth in
regard thereto.
All the Justices concurring
A true copy.
Attest; d. A VALENTINE.
ISea1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-11-09
Z. A. VALENTINE,
Clerk Supreme Court.
No. 1888.
John Downs

No. 1883
John Downs
w. H Rich.
Error from Wichita County.
AFFIRMED.
Syllabus. BY the Court. Graves .
I. A purchaser of real estate by war
ranty deed whose grantor holds by quit
claim deed only. win be regarded as a
purchaser in good faith notwithstanding
such quit-claim deed, If his grantor's title
as shown by the registry record is APP
parentiy valid and clear and he has no
notice of any defect in the title.
2. The owner of real estate conveyed
1t by warranty deed. The purchaser did
not place the conveyance upon record for
twelve years. While such deed was with
held from record, the same owner was
induced to execute a auit-claim deed to
the land as an accommodation to a per-
son who represented that such a convey
ance was necessary to remove a cloud
from the title. The grantee in such deed
placed 1t upon record and conveyed the
land by warranty deed to a purchaser
who paid an adequate consideration
therefor and did not have notice of any
defect in the title. nor of the transaction
in which his grantor obtained the quit
claim deed. Held that the holder of the
last named warranty deed obtained a good
title to the land and his warranty deed
would convey good title to his grantee.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
[SeaL1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-11-09
LEGAL,

Published in The Topeka State Journal
November 8. 1901
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-11-09
No. 1877.
The State of Kansas

VS..
Charles Rumble.
Appeal from Wyandotte County
REVERSED.
Syllabus; BY the Court. Mason, j.
!. Although the trial court has some
discretion in determining whether a non
expert witness has had sufficient oppor-
ible his opinion of the mental condition
of one whose sanity is in issue, it is err
ror to refuse to allow him to state it,
where it is shown to be based upon a
fairly intimate acquaintance with the
subject of the inquiry extending over sew
eral years
?. 1t is error to exclude such opinion of
witness upon the ground that a mum
Der of instances of peculiar and unusual
! conduct on the part of the subject of the
inquiry to which he has testified do not
in themselves justify an inference of in
sanity.
8. Drunkenness may reduce homicide
from murder to manslaughter if it is SO
extreme as to prevent the existence of an
intention to kill. -. Z ssTss
one charged with a crime incanahi- "A
knowing the nature and quality or ms
act. or of distinguishing between right
and wrong, does not constitute a de-
Tense.
All the Justices concurring. -.
Attest: D. A. VALENTINE, 80
| [Seal.1 Clerk Supreme Court.
The Holton Electric Company, a corpor-
vs.~s.s.-...s-....
The Board of County Commissioners of
Jackson County, Kansas, ct al.
AFFIRM ED.
| Syllabus By the Court Johnston, C. J.
l. The action of the board of equaliza-
ton in equalizing values for taxation,
when free from corruption and fraud, is
not subject to the revision or control OF
| the courts.
.. The record of the proceedings of the
county commissioners when sitting as a
board of equalization, should be literally
viewed and when open to Interpretation
should be given one that would uphold
rather than nullify such proceedings
g. An informal entry of an increase OF
the valuation of the PROPERTY of a tax
payer by the commissioners at the time
of their meeting for eaualizing the valua-
| ton of property for purposes of taxation
will be deemed to be the act of the board
of equalization. -----
| All the Justices concurring.
| A true copy.
| Attest: D. A VALENTINE
| ISeal1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-11-09

No 1884
c.. ]. Jones
The City of Garden City.
Error from Finney County.
AFFIRMED.
Syllabus. BY the Court. Smith. j.
/. Chapter 24S. Laws of 1889 General
Statutes of 1901. section 767O. providing for
the transfer of more than one tract of
land or lot in a tax deed, applies to sales
of tracts or lots made before but decided
after the passage of the act, as well as
to sales had thereafter.
2. The recital of an amount as the con-
sderation in a tax deed less than the
amount for which the tax sale was made,
including subsequent taxes paid, interest
and costs, does not render the tax deed
void.
All the Justices coneurring.
A true copy.
Attest: D. A. VALENTINE.
LSeal.l Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-11-09
D. A. VALENTINE,
Clerk Supreme Court.
No. 16,0SS.
Morris and Company


Charles Lunn.
Error from Wyandotte County Court of
Common Pleas.
REVERSED.
Syllabus. By the Court Benson, J..
Several laborers over whom a foreman
had been appointed to oversee and direct
their work were engaged in moving bones
from the defendants press-room to a
dump. by the use of trucks passing over
a gangway six feet wide, elevated five
feet above the surface below; two labor
ers were pushing one of these loaded
trucks along this gangway. when the
truck becoming stalled, the foreman
dered them to hurry up. and exclaimed
pull 1t up" at the same time SELLING
the wheels of the truck, gave it a jerk
which caused the shafts to turn suddenly
striking the PLAINTIFFS legs and knocking
him from the gangway. whereby he was
injured: Although the foreman was neg
ligent in his conduct causing the injury
as found by the jury. still this negligence
was that of feIlow-servant. and the
Atehison; T. e s. z. R. R; Co. VS.. Moore.
e Kan. 49,; Brick Co. VS.. Shanks, So Kan.
306; Bridge Co. VS.. Miller II Kan. 10;
Crist VS.. Light Co., Y Kan. 1850
Johnston, C. J.. Burch. J., Mason. J.,
Porter, J.. Graves, J.. concurring
Smith. J., dissenting.
A true copy.
Attest: D. A. VALENTINE,
lSeal1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-11-09
D. a. VALENTINE,
Clerk Supreme Court.
No. 16, $40.
The State of Kansas

VS.
A. F. Morey.
Appeal from Sedgwick County.
REVERSED
Syllabus. By the Court. Porter, J.
/. In criminal prosecution where both
parties and the court treat amended
complaint an information, and the
court sustainS a motion to Quash from
which judgment the state appeals, the
amended complaint will be regarded as
an information.
2. In criminal prosecution under Cen
eral Statutes of 1901, section 435S. where
the defendant is charged with having sold
a patent right without complying with
the provisions of the statute regulating
the sale of patent rights, an information
will not be held defective because it re-
cites that the letters patent belonged to
a corporation and that the contract of
sale was executed by the defendant as
president of the corporation.
). Where the owners ora patent right
execute a contract by which they lease to
another the exclusive right to sell a pa
tented article in a specified territory and
agree to protect the lessee in the exclu-
sive sale of the same for the term OF
Ethree years, the transaction constitutes a
sale of patent right within the meaning
of the provisions of article 2, chapter rs,
laws of 1901.
Ali the justices concurring
A true copy. 80
Attest: Do A. VALENTINE.
tSealf Clerk Supreme Court.
e.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-11-09
No 15, 49S
Daniel P. Vaughan, Administrator,

No. Is, 49S.
Daniel p. Vaughan, Administrator,
Alexander Browne, Jr., and George
Grover.
Error from Jackson County.
MODIFIED.
Syllabus. By the Court. Benson, j.
The district court upon an appeal from
the probate court in proceedings under
the executors act Gen. Stat. 1901, secs.
9Oos-6) found the defendants guilty Of
wrongfully taking and conveying away
and Withholding personal property belong
ing to the estate, from the adninistrat tor
and adjudged that it be restored to his
possession, and that such restoration be
compelled by attachment; but also or
dered that in case there were sufficient
other personal property of the estate to
pay the indebtedness and expenses of adj
ministration, the administrator should re-
turn the property Cor the proceeds there
of to the defendants. 1t is held that the
order for the return of the property or
its proceeds to the wrong-doers who had
so unlawfully conveyed it away. was in
consistent with the findings and Judg-
ment, and an unwarranted interference
with the due course of administration and
erroneous.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE.
| [SeaLJ Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-11-09

No. 1862
The Board of County Commissioners of
Atchison County, Kansas,
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-11-09
LEGAL.

bodily injury inflicted.
3. The damages herein allowed held to
be excessive and an option to- remit the
excess is given to appellee.
All the Justices concurring.
A true copy.
Attest: d. VALENTINE
ISeal1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-11-09
No. Is, S64.
D. D. Wilmoth

rer c. H. Wheaton.
E - Error from Allen County.
Syllabus. By the Court. Smith, ].
L. The provisions of section i, chapter
1914. Laws of 1905. do not constitute a re-
striction of the use to be made of steno-
graphic notes in nisi prius trial, but an
extension of such use.
2 To reproduce the testimony of a
witness deceased or absent from the
jurisdiction of the court who has testified
to the fact in issue on former trial, it
is not error to permit the court stenog-
rapher to translate and read his steno-
graphic notes of such evidence in the
hearing of the jury, instead of requiring
that the notes be transcribed and certi-
fled
All the justices concurrfng.
A true COPY.
Attest: D. A. VALENTINE,
TSeaL1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-11-09
No. 16, 116.
Dennis D. Doty

No. 1916
Dennis D. Doty
!
George S. Knox.
Error from Finney County.
REVERSED.
Syllabus BY the Court. Graves. ].
1. Where real estate has been attached
in an action for money and after judg-
ment has been entered for the plaintiff
the land is sold upon an order of sale to
the plaintiff and due return thereof has
been made by the sheriff, such sale may
upon application of the plaintiff be CON
firmed and sheriff's deed issued to the
purchaser at any time thereafter even
after lapse of twelve years where no
objection by the defendant in the action
is or has been made to the sale or con-
firmation.
. Where under the circumstances
above stated a sheriff's deed has been ex-
ecuted and delivered to the purchaser, it
conveyes all the title possessed by the de-
PENDANT when the order of sale was is
sued or at any time thereafter.
8. Where in such case third party
after the sale and before the confirmation
takes quit-claim deed to the land from
the defendant in the action, he will be
charged with notice of the record in such
action and will acquire no interest in the
land by such deed.
= All the Justices concurr1ng.
A true copy.
Attest: d. A. VALENTINE.
[Eeal.1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-11-09

No. 1914
&. r. Locke, ct al. partners. doing bust
ness as The City Transfer Company
The Greeley tribune., 1909-05-12
DINNER AT II. A. RUSSELL HOME
H. A. Russell. A. B. Devoe, Miss satia
Darling and George Wear

There was a dinner Friday even
ing at the home of Mr.. ana MIS-
H. A. Russell which was certainly
worth while. inasmuch as there were
four birthdays celebrated. Ihe
euests of honor We're fl. A. Russell
A. b. Devoe. Miss Satia DarllnS
whose birthdays fell on Friday. NAV
and George Wear whose birthday
is today. The dinner was served at
40 O'Clock and covers were laid roT
nineteen at one long table, which was
nrettily decorated in yellow ana
white. pansies and carnations being
rho flowers used. A large May bas-
l,et formed the centerpiece, and TINS
contained a smaller May basket TOT
each guest. In these were iound ap-
propriate jokes to fit each,
A splendid four course dinner was
carved and the same yellow ana
white color scheme was carried out
AS far as possible in the menu. Mrs
pussell was assisted in serving by