davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-07-07
No. 1871
The Chicago Lumber & Coal Company

The Chicago Lumber & Coal Company
VS..
J. H. Washington, ct al.
Error from Wichita County.
AFFIRMED.
Syllabus. BY the Court. Mason, j.
l. The requirement of the mechanic s
lien statute that the statement filed by
one claiming a sub-contractor' lien must
among other matters state the name of
the contractor is not met by a recital that
the material was sold to a designated per-
son and by him used in constructing a
building upon land belonging to another,
although the person so designated was in
fact the contractor. Such reinstatement
is fatally defective unless it shows by
express averment or by reasonable impli-
cation that the purchaser of the material
made the Improvement under contract
with the owner.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
ISeaL1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-07-07
D. A. VALENTINE,
Clerk Supreme Court.
No. 1916.
Jennie Blodgett, ct al.

Mary Yocum.
Error from Reno County.
REVERSED.
Syllabus. BY the Court Porter. ].
I. In an action between the heirs of a
deceased person for the recovery of real
estate to which the defendants claimed
title by virtue of conveyances executed by
the deceased in her lifetime, the court m
structed the jury that in deciding wheth-
er or not the deceased was Of sound mind
OF was unduly influenced a the time of
making the deeds in question. they had
the right to take into consideration the
reasona bleness or unreasonableness of
her act in making the deeds; and If they
believed that a woman OF sound mind
would not have been likely to do such an
act in the free exercise of her Judgment
discriminating against one daughter in
favor of another daughter and her family
then they had the right TO infer from the
act itself that undue influence was used
to secure the deeds, though not bound to
do So Held error. A person of sound
mind who is not unduiy influenced may
make such disposition of his property as
he desires without regard to its fairness
or unfairness-
2 In an action of ejectment brought
for the recovery of several distinct and
separate parcels OF land. where the plain
tiff'S title to all the defendants is the
same and the answer sets uD mis-
joinder of causes of action because some
of the defendants claim separate inter
ests in separate portions OF the real
estate but admits that all the defend
ants are in possession of all the real estate.
the misjoinder furnishes no ground for
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-07-07
D. A. VALENTINE,
Clerk Supreme Court.
No. 10, S9S.
The State of Kansas


Charles w. Bowman.
Appeal from Phillips County.
AFFIRMED.
Syllabus BY the Court. Benson,
l. Where a defendant in a criminal &C
ton files a plea in abatement and when
arraigned and required to plead to the in
formation pleads not guilty without calling
attention to the plea In abatement and
without referring to 1t in any manner. and
goes to trial upon the issue of not guilty
without objection, he thereby valves such
plea in abatement.
Q Where a warrant upon which pre-
liminary examination was waived charged
in one count the forging and uttering of
a bank check, the county attorney proper
" filed an information charging such Of
lenses in separate counts, and was not
precluded from doing so by the fact that
he had previously filed an information in
the same case charging the defendant with
the forgery of the check only, such first
Information having been quashed on the
motion of the defendant
8. The testimony concerning the intro
duction in evidence of an alleged forged
check was properly considered and treated
as being in evidence.
T. In considering motion for a new
trial the court properly excluded that
part of the affidavit of jurors inlpeaching
their verdict upon grounds essentially nee
essary to consider in making up the YER
dict. Estate v Horne, 8 Kan. 119)
All the justices concurTing.
A true COPY
Attest: d. A VALENTINE.
ISeaLl Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-07-07
LEGAL.

No. $500.
The Cincinnati Punch & Shear Company
VS..
A w. Thompson.
Error from Atchison County.
REVERSED.
Syllabus BY the Court. Graves, J.
I. The construction of written instru-
ments is a question of law for the court
and ordinarily it is error to submit such
a question to the jury.
? 1t is reversible error to submit 1r-
relevant and immaterial testimony to a
jury when it is materially prejudicial to
the rights of the complaining party.
All the Justices cOncurring-
A true copy.
Attest: D. A VALENTINE,
ISeall Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-07-07
No. 1910.
The State of Kansas

The State of Kansas
Ransom Piggs.
Appeal from Shawnee County.
AFFIRMED.
Syllabus. BY the Court. Porter, J.
1. The purpose of a preliminary exami-
nation is: ID To inquire concerning the
of the accused with it in order that he
may be informed of the nature and char
and, If there is probable cause for believ-
ing him guilty, that the state may take
the necessary steps to bring him to trial;
termine the amount of bail which will
probably secure the attendance of the &C
cused to answer the charge.
The right of the state to introduce evil
dence at a preliminary examination can
not be defeated by the accused waving
2 The act creating the court of To-
peka Claws 1899. chapter 129) confers upon
jurisdiction of a justice of the peace in
preliminary examinations of persons ac-
cused of felony.
8. Where the clerk of city court has
failed to sign the certificate attached to
the transcript of a preliminary examina-
ton held before the judge of such court
init the certificate to be amended by hav-
ing the clerk attach his signature.
the money described III the information
and claimed to have been stolen is intro
jury. it is not necessary that the particu-
lar bills should be identified as the ones
described in the information.
8. Courts take judicial cognizance of
the value of money. In a prosecution for
larceny of certain United States treasury
notes and national bank notes where the
particular bills which it is claimed were
stolen are offered in evidence proof of
their value is unnecessary.
to stolen property is no concern of the
thief. n an information charging larceny
the title to the property may be laid
either in the owner or the person in
whose possession it was when it was
taken even though that person has stolen
it from some one else
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE
CSeaL1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-07-07
No. 15. 12S.
W. II. Millikin



/. A. Lockwood.
Error from Chautauqua County.
AFFIRMED.
Syllabus BY the Court. Benson. j.
/. Where a tax title and the original
patent title are united IN the same per-
son, an outstanding lease previously made
by the holder Of the tax title while La
possession under a tax deed valid upon its
face and Of record more than five years. "
not merged IL the interest of the lease
holder had become vested. before such
titles were united.
2 The assignee Of a lease in the sitl1a-
ton stated above is not bound to yield to
the demands Of the grantee OF the titles
so united and II he does so voluntarily
and accepts another lease from such gran
tee, he IS not thereby relieved from pay
ing the rents and performing the condi-
lions stipulated in the assignment.
g. In the situation stated. such lessee
might have availed himself OF the protec-
ton afforded by section 141 OF the tax Ia "
Gen Stat 1901. sec. 1880 IN defense or
the claims made upon him by such gran
tee.
The voluntary relinquishment Of an
assignee of lease to claims asserted tJu-
der title inferior to that of the lessor.
whose better title has not been extfn-
guished. Will not avail against a claim
for rent.
An the Justices concuTring.
true copy.
Attest: D. A VALENTINE,
tSea1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-07-07
No. 10, 97s.
III. W. Tucker
Ezra Shorb and Ida Shorb.
Error from Seward County.
A Ell r NJ ED

H. v Tucker
VS..
Ezra Shorb and Ida Shorb.
Error from Seward County.
AFFIRMED.
Syllabus By the Court. Johnston. q ].
l. 1t may be fairly inferred from the
recftals in a tax deed of record more than
five years purporting to convey several
lots eonsecutively numbered in certain
block of city bid in by the county for a
gross sum and where a single charge was
made for the subsequent taxes of each fol-
lowing year that the lots were contiguous
and comprised only a single parcel for
purposes of taxation
q In effecting a compromise of taxes on
lots bid in by the county and which have
stood unredeemed for three years without
any one offering to purchase the same for
the amount of the taxes, interest and pen
aitles due thereon the purchaser to whom
the certificate is assigned under the order
of the county commissioners may be re-
quired to pay all subsequent taxes due on
the land at the time of the compromise.
All the justices concurring.
A true copy.
Attest: D. A VALENTINE,
lSeal1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-07-07
No. 1880.
The State OF Kansas

No. l5.55D
The State OF Kansas
Oliver Smith.
Appeal from Shawnee County.
AFFIRMED
Syllabus BY the Court Smith ]
For the purpose of showing that the de-
PENDANT was insane and not accouuta BILE
for his action at the time Of the admit
ted killing of deceased. evidence was Of
fered and admitted that about three
months prior to the tragedy the appellant
had been informed that his daughter was
pregnant and that the deceased had ac-
compIished her ruin under the promise Of
marriage Held: that under the circurn-
stances shown by all the evidence in this
case. IL was not error for the court to IN
struct the jury that such evidence was
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-07-07

VS..
The City of Oskaloosa.
Error from Jefferson County.
AFFIRMED.
Syllabus. BY the Court Smith, J.
Where a block in a town plat is deslg-
mated as a Public Square" and in the
certification to the plat, the street. alleys
and square. designated on the plat, are
dedicated to the use of the public and to
the town, the legal title to the public
square vests in the county; and where a
county takes possession of such square
by building a courthouse thereon and
continuously occupies the square for more
than forty years, the county is liable for
the payment of an assessment. made by
an ordinance of the city. for the cost of
matchmaking and curbing the streets
abutting upon the public square.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
LSealI Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-07-07
LEGAL
~~-~-~~~~~-~---@----~-----
Published i'll The Topeka State Journal
July Z, 1902
SUPREME COURT SYLLABI.
40. 16. 1873
G. NJ. Lewis
VS..
A

A. J. Norris.
Error from Lincoln County.
AFFIRMED
Syllabus BY the Court. Porter. ].
l. A writing acknowledging the recent
of $500 as belonging to a person named
but which contains no statement of any
fact from which the law implies an obliga-
ton or promise is not an agreement
contract or promise in writing within the
saving clause of the statute of limita tons
? The following written instrument does
not constitute an agreement. contract or
promise in writing" but is a mere receipt
for money:
mount Vernon, Mo. December 9Th 1903
Il, Andrew j. Norris. do hereby ac-
knowledge receipt of five hundred dollars
which amount deduct from purchase
price of the southeast quarter of section
20. except a strip three acres square in
the southwest corner of south half of s E
quarter, and the north half of the north
east quarter Of section %. all in townshf
g. range .. as commission for the sale
Of said land to myself. as the commission
belongs to my Son-in-Iaw George Lewis
and by agreement with all parties to be
deducted from purchase price of said land
this day bought from L. NJ Farris
"A. ]. NORRIS
Johnston, c. J., Burch, j. Smith, j.
Graves, J., concurring.
Benson. J. dissenting.
A true copy.
Attest: D. A VALENTINE.
LSeal1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-07-07
LEGAL


objection to the Introduction of testimony
on the trial nor for a demurrer to the
evidence; and where in such case none
of the defendants ask for a severance or
a separate trial ard the action proceeds
as though there was no misjoinder, it
will be regarded as immaterial.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
tSeaL1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-07-07

No. 1908
The Peoples state Bank of Michigan Val
ley, ct al
VS..
G. w Brown
Error from Usage County.
AFFIRMED.
Syllabus BY the Court Mason. j.
l. When bargain is completed for the
sale of a specific personal property for
cash, and delivery Ia made, IL the buyer
fails to pay the price promptly the seller
has a right as between the parties or
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-07-07
No. 1924.
w. w. GOodrow

w. w. Goodrow
G.. w Stober
Error from Graham County.
AFFIRMED.
Syllabus BY the Court Graves J.
l. A tax deed is not void merely because
the description of the land is not technical
ly accurate. If sufficiently definite and
certain to enable those familiar with it to
readily recognize the land intended and to
enable it to be easily ascertained, this will
be sufficient
.. A town plat was filed in the office
of the register of deeds. and designat ted
THE town of Fremont" Soon afterwards
the town was by common consent called,
and was generally thereafter known as,
the town of Morland.-the railroad station
and post-office being so named. The tax
ing officers described the Town lots upon
the tax roll as being situated in the town
of Morland. A lot so described was sold
to the county for delinquent taxes Four
years afterwards the county conveyed the
lot by what is known as a compromise tax
deed. The grantee Immediately recorded
the deed and took possession of the lot
Held that nine years afterwards. the YAK
deed can not be deemed void merely be-
cause of the irregular description of the
lot.
All the Justices concurrInF
A true copy.
Attest: D. A VALENTINE
LSeall Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-07-07
No. 1851.
The State of Kansas

No 1851.
The State of Kansas
VS..
Milo Chafin.
Appeal from Stafford County.
AFFIRMED.
Syllabus. BY the Court. Graves, J.
Under section 2221 Gen. Stat 1901, the
crime of adultery can not be committed by
an unmarried person.
All the Justices cOncurring.
A true copy.
Attest: D. A. VALENTINE.
[SeaLl Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-07-07
No. 16, O95-
G. G. Shellabarger


G. G. llabarger
VS..
Joseph D. Sexsmith and Emma J. Sex
smith
Error from Cloud County.
REVERSED.
Syllabus. By the Court. Burch, j.
In a mortgage foreclosure suit judgment
was taken by default against the mort
gagor, vino was served personally. At
the same time it appeared that a person
claiming an interest in the land had been
omitted and order was included In the
foreclosure decree allowing him to be
made a party. The petition was amended
and he was duly served. He answered set
ting up a second mortgage given by the
defaulting defendant, and prayed per
sonal judgment against him which in due
time was entered without further notice
or appearance. Held, the defendant in de-
fault was bound to take notice of the pro
ceedings and the judgment against him is
not void.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
(SeaD Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-07-07
concurring.
D. A. VALENTINE,
Clerk Supreme Court.
No. 1923.
NJ. E. johnson. etc.

NJ. E. Johnson etc.
D. S. Huber
Error from Cowley County.
REVERSED.
Syllabus. By the Court. Porter, ].
l. A letter written by a real estate
agent to the owner Of land asking If the
land was for sale and at what price and
stating the commission the agent would
charge to procure a sale together with
strued and held to constitute a Contract
authorizing the agent to list the land for
sale at a certain price: and binding the
agent procured a purchaser able and will
ing to buy at the terms stated.
2. In an action to recover a real estate
commission a petition which sets forth
the written correspondence of the parties
showing the making of a contract of the
nature referred to in the foregoing para
graph. and alleges that the plaintiff pro-
cured a purchaser able and willing to
but defendant declined to convey the
land and refused to pay the PLAINTIFF s
commission, states cause of action.
All the Justices concurr1ng.
Attest: D. A VALENTINE.
lSeall Clerk Supreme Court.
No. 1919
German American Insurance Company of
New York
c. NJ. Darrin.
Error from Linn County.
AFFIRMED.
Syllabus. BY the Court. Burch. ].
company which accepts a signed app r ile
ton for insurance written on a blank
furnished by the company which provides
that it shall be the basis which in
surance is to be elected, to write the
policy in accordance with the application.
2 If in such an application the appli-
cant state that he will agree carefully TO
preserve his last inventory in an iron
safe at night or in some place secure
against fire in another building, the com
pany is authorized to insert an iron-safe
clause in the policy extending to the last
fr7r-o +rz--- nd not leo -. ,--T--
account.
g. The recipient of a policy issued in re-
described may assume that the company
has discharged its duty and has written
the policy on the basis of the application
and he is not obliged to read the policy
to see if 1t conforms to the application
f. If such an application be received
written and delivered and the premium be
paid by the. applicant and kept by the
is erected on the Basis Of the appIicafio-'
3. If through inadvertence, mistake or
design such policy be written on basis
plication, it may be reformed to CORE
spond with the application
All the justices concurring.
Attest: D A VALENTINE,
TSeaL1 Clerk Supreme Court
No. 1915.
James P Richardson, as Administrator.
Etc
Bette c. Painter.
Error from Morris County.
REVERSED.
Syllabus. By the Court. Johnston, c. J.
/ A personal Judgment against two de
PENDANTS IS a joint and several obligation
which the plaintiff may enforce against
either of them at his option
2 The fact that one of two judgment
debtors dies and there is no revivor or
proceeding had to keep the Judgment
alive as TO his estate does not extinguish
the liability of the other nor bar a pro
ceeding to revive the Judgment as against
such surviving defendant
All the Justices concurring.
A true copy.
Attest d A. VALENTINE
rSeal1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-07-07
D. A. VALENTINE.
Clerk Supreme Court.

No. Is. S32.
George T. Hughes and Charles F. Hughes
VS..
Laura W Nicholson, ct al.
Error from Shawnee County.
AFFIRMED.
Syllabus. BY the Court. Mason. j.
1. The issue being whether a deed from
a parent to a child was made as an ad-
Vancement. a statement made by the gran
tee as a witness that no consideration was
paid for it is testimony relating to the
transaction between him and the grantor,
and if brought out by the questions of his
opponent in the litigation, qualities him
to narrate all the attendant circum-
stances, notwithstanding he would other
wise be rendered incompetent to do so by
the statute regarding evidence concerning
personal transactions with persons since
deceased:
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
TSeaLl Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-07-07
No. Is, 965.
w. D. Shup

J. F. Moon. ct al.
Error from Anderson County.
AFFIRMED.
syllabus. BY the Court. Burch, j.
the other surety, borrowed money at a
bank to promote a business transaction in
which they were both interested. The
money was used to discharge the obliga-
ton of a third person who Unidentified
the principal with a real estate mortgage,
the principal expressly agreeing with the
surety that the proceeds of the mortgage
should be used to satisfy their obligation
to the bank. It became necessary to re-
placed 1t In the surety's hands for fore
closure. Suit was brought in the prin-
cipaPs name, Judgment foreclosing the
mortgage was duly rendered, at the
sheriff's sale the land was bid in for the
surety, and in due time a Sheriff's deed
issued to the surety. The surety enter
tanned no purpose to defraud the principal
and Immediately upon receiving the
sheriff's deed offered to vest full title in
the bank. This the principal refused to
do whereupon the surety paid the bank.
Held, the surety was not mere agent of
the principal to forecIose the mortgage
was not compelled by any legal duty to
bid or take a conveyance in the name of
the principal, committed no fraud in TAX
ing title in himself and any equitable rem
edy the principal may have to obtain title
to the land includes the necessity of doing
equity by reimbursing the surety.
2. The evidence considered and held to
support the finding of fact.
AL the Justices concurrlng.
A true copy.
Attest: D. A VALENTINE
CSeaL1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-07-07
D. a. VALENTINE,
Clerk Supreme Court.
No. 1876.
Augustine Scott, ct al,

No. 1876.
Augustine Scott, ct al,
VS..
Eva. G. Scott.
Error from Greenwood County.
REVERSED.
Syllabus BY the Court Mason, J.
l. Notwithstanding the statute making
judgments liens on the real estate of the
debtor within the county, an allowance of
permanent alimony payable in installments
does not create lien on any property of
the husband unless the record affirmative
~ discloses that the court intended it to
have that effect.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
[SeaLl Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-07-07
D. A. VALENTINE,
Clerk Supreme Court
No. Is, 233.
The State of Kansas
We

w. H. Dixon
Appeal from Reno County.
REVERSED.
Syllabus By the Court. Mason, J.
/ In prosecution under a statute
making wilful and malicious misconduct
in office a misdemeanor the omission of
the word malicious from the informa-
ton is immaterial when the acts COM
planned of necessarily involve a wjleul dis
regard of the obligations owed by the Of
fcer to the public.
2. An information alleging that city
marshal whose duty was to see that Ger
tain ofenses were prevented or punished,
wilfully permitted them to be committed
fairly implies that knowing of their com
the law, and therefore states facts suf-
hcient to constitute a violation of the
statute making wilful and malicious mis-
conduct in office a misdemeanor
g. An allegation that a city marshal
failed and refused to perform the duties
enjoined upon him by the laws OF the
city. by falling to make certain arrests
fairly implies that it was his duty under
the ordinance to make such arrests
f. A charge that city marshal gave
aid, comfort, protection and assistance
to certain keepers of bawdy houses
who iE return therefor presented him
with gold star, which he accepted, must
be construed to mean that the protection
referred to was protection against an eff
fort Of the public officers to enforce the
law against them, and it Is not necessary
such conduct be expressly Characterized as
either Wtlful or malicious.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
lSeaL1 Clerk Supreme Court.