The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-10-12
LEGAL.
Published in The Topeka State Journal
October 12 1901
SUPREME COURT SYLLADI.
No. 15,27S.
Tha Stale Of kSn

/ NO. 15,Z7S.
The State of kansas, ex rel-,
The City of Pittsburg.
original Proceeding for Contempt.
Defendants Adjudged Guilty.
syllabus by The Court Mason. j.
busting a city from the exercise Of the
unwarTanted power of in, effect licensing
guise of collecting fines by simulated
prosecutions for the violation of the pro-
ju9gSnt aw no n eYaqe Of the eS5 OF tns
raised fund from which they for a time
pfIce se ana dla1IeS OF some OF the CITY
cerned in the carrying out of this arrange
ment, whether or not they are to be re-
directed against them, are guilty of con-
tempt of court in virtue of their having
attempted to defeat the purpose of the
Ali the Justices concarring.
Attest: D.. A: VALENTINE.
lSeall Clerk Supreme Court.
Bertha E. Imam. Administrative of the
estate of William L. Imam. Deceased.
The Missouri Pacific Railway Company,
Corporation.
Error ff REv EnsgElln County
syllabus: BY the Court. Smith: J:
that the injury wHo mpia.ed Of was caSsged
wholly by the negligent manner in which
the defendant maintained its road-bed,
accident occurred by not having the frog
Of the switch and guard rail blocked. and
ordinary care for the protection of its en-
ployees. states cause of action against
general demurrer.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
ISeal1 Clerk Supreme Court.
No. $3.50.
Sarah e. Trobridge.
to' li &FF SIEaS houn'S'
Syllabus. BY the Court. Smith. J.
be established BY eviaence ' to e Sustain an m
action as entirely omitted from the petit
petition should be sustained. and the over
ruling Of such demurrer is error.
demurrer e the defendant s1lsWers aItheue eh
his answer in no way cures the defect in
the petition, and upon the trial both par
and introduce evidence pro and con there
on and the issue is determined by the judg-
be regarded here as prejudicial, nor will
the judgment be reversed by reason
8. The finding and judgment awarding
to the plaintiff the land in controversy
ana and. deereeing, in effect; that the defend
only the bare legal title thereto. which
ae he'd eo Whe tbs 60T shs
is supported by the evidence and is in
accord with the statute of Trusts and
All the Justices concurring.
Attest: D. A. VALENTINE,
LSeall Clerk Supreme Court.
No. 1854
Joseph Fennen and Enos Fennen
John Fennen, ct al.
REVERSED.
Syllabus. By the Court Graves. j.
l. Where widow renounces the will of
her husband and elects to take under the
statute of descents and distributions is
such a condition thai the remaining pro-
visions of the. viii can not be enforced
tor-they will be disregarded. and the re-
mainder of the estate will be distributed
under the statute of descents and distribu-
tions the same If no will had been
made.
2 A testator devised to his widow life
estate in his real estate and provided that
after her death, his son Joseph should
have seventy acres in fee simple, which
should receive the sum of five hundred
dollars upon the death of the widow; and
in a fee enc simple to- his oth sr0" eSildre1
equally. The widow renounced. the viii
proceedings had for that purpose. her
portion of the real estate was set apart
Sc ef IN ac fss T 10 nSd6 the
ton of partition was commenced in the
district court. in which the allotment to
the widow was adopted while Joseph was
denied any rights either under the law
/ or the will Held error.
All the Justices concurring.
A true COPY.
/ Attest: D. A. VALENTINE,
[Seall Clerk Supreme Court.
No. 16 155-
Charles N. Woodell, ct al.
Gustaf Albrecht.
Error from Reno County.
AFFIRMED.
Syllabus. BY the Court Benson, j.
Clear and satisfactory proof should be
required to take the case of parol con-
tract for the conveyance of land out of
the operation of the statute of frauds but
where the findings are supported by COM
petent and substantial testimony it will be
presumed that the district court applied
the proper test In weighing the evidence
and finding the facts.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
[SeaL1 Clerk Supreme Court.
No. 16, 156.
Joseph P. Rossiter
c. M. Merriam. ct al.