davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-11-08

No 16, SIC.
hilbert F. Price, Louis F. Lyons and J.
l.. Plumb, co-partners under the name,
style and firm of the United jewelers.
Mfg. Co, Appellants,
A. A. Wiesner, Appellee.
Appeal from Ellis County.
AFFIRMED.
syllabus. BY the Court Porter J.
/; An order for three hundred and sixty
dollars worth of jewelry, to be made up
of articles named in a price list contain
ed in the order is void where it can not be
determined from the writing itself either
the quantity quality or price of any of
the articles specified which the plaintiffs
were bound to ship and which the defend
ant agreed to purchase
z. Plaintiffs sued to recover for goods,
wares and merchandise sold and delivered
according to the terms of a written order.
On the trial plaintiffs introduced the orig
MAJ order and rested. Held that if the
order had constituted a valid and bind
ing contract the court rightly sustained a
demurrer in the absence of any testimony
showing delivery of the goods to the de-
All the Justices concurring
A true copy.
Attest; D. A. VALENTINE,
lSedlI Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-11-08
No. 1864.
Charles Hashman. Appellee,


The Wyandotts Gas Company, Appellant
Appeal from Court of Common Pleas,
Wyandotte County.
AFFIRMED.
Syllabus BY the Court Johnston, c. J.
1. Although there was no direct evil
dence that the natural gas which explod-
ed and injured appellee came from the
gas pipes of appellant, the fact that on
two different occasions just before the
explosion gas came up through the
ground, caught fire ana burned above
appellants gas pipes close to the place
of the explosion together with the fact
that the pipes had been in the ground
considerable time, and had rusted and
scaled to quite an extent justified the
inference drawn by the jury that the
gas which exploded and caused the in
jury came from the pipes of the ap-
pellant.
2. The burning of the escaping gas on
the streets in which the pipes were laid
and in densely populated section of
the city justified the inference that the
appellant knew or should have known
of the defective condition of defendant s
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-11-08
No. $3.50.
John w. Alkire, Appellee,


VS..
The Cudahy Packing Company, APP
pellant.
AFFIRMED.
Appeal from Sedgwick County.
Syllabus. BY the Court. Burch. ].
1. Under the provision of section of
the factory act (Sec. 1850, Gen Sta. 1879
liability depends upon whether disobe-
dience of the statute contributed directly
to injury or death; and if in any case
the failure to provide statutory safe
guard be not superseded by an interven-
ing cause, and consequently is registered
in the final event as a contributing
cause, liability attaches although some
other cause may have interviewed and
may also have contributed,
g The purpose of the factory act IN
requiring safeguards for elevators, hoist
ing-shafts and well-holes (Gen. Stat. 1909,
Sec. 1870 was not merely to keep en-
ployees from falling down the openings,
but was intended to secure them against
injury from moving elevators as well.
8. The legislature assumed that juries
are capable of understanding the Ian
guage of section 1 of the factory act re-
curing safeguards for elevators and ele-
vator Shafts (Gen. Stat. 1909 Sec. 1870 and
an instruction stating the measure OF
duty in that respect in the language OF
the statute Is sufficient.
A true copy.
Attest: ID. A. VALENTINE,
[Seal.l Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-11-08
D. A. VALENTINE,
Clerk Supreme Court.
No. 1921.
c. G.. Anderson, Appellant,

The Board of County Commissioners of
Cloud County, Kansas, ct al, Appellees.
Appeal from Cloud County.
AFFIRMED.
Syllabus. BY the Court. Johnston. c. j.
I. Section SIS of the General Statutes
of 1903. authorizing county commissioners
to make an appropriation of 5000 to build
or repair bridge and requiring af-
ftrmative vote of the electors before a
greater sum may be appropriated, does
not preclude the building of a bridge
vote of the electors where another mu-
nicipality and other interested parties
contribute so much of tie cost of the
bridge as exceeds $4,000 and where no
more than $4,000 of the funds of the
county is appropriated for that purpose.
?. Where river spanned by an ex-
pensive bridge cuts new channel
through which thereafter most of the
water of the stream flows it is compe-
tent for the county commissioners to
remove the bridge from Its position over
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-11-08
No. 17,OS5.
The State Of Kansas, Appellant.

No. 17,085.
The State of Kansas, Appellant.
The Glenn Lumber Company, a Corpor-
alton. Appellee.
Appeal from Labette County.
REVERSED.
Syllabus. BY the court. Mason, J.
1. The state may appeal from an or
der quashing one count of an informa-
tiOn although another count charging a
different act is held sufficient or is not
attacked.
2 Under the statute CGen. Stat 1909,
Sec, 6S6D authorizing an appeal by the
state in a criminal action ION quaShing
or setting aside an information an ap-
matter pleaded in one count to be sepa-
rately stated in different counts.
3. Where a motion to quash an infor-
nation is sustained and the state refuses
to amend. the fact that no formal final
Judgment Is entered discharging the de-
PENDANT is not ground for dismissing the
appeal
T. In a prosecution under the statute
Gen. Stat. 1909, Sec. $3.50 forbidding
the sale of articles. or to control their
price, it is not necessary that the infor-
nation describe the nature of the agree
ment complained Of, further than to
statute intended and adapted to &C
compIish certain results.
5. The antitrust law of 1889 (Gen. Stat.
1909, sections SIS to 1888 is not repealed
by that of 1897 Gen. Stat. 1909, sections
g. An Information is not bad for du-
plicity which charges in one count acts
which would constitute a misdemeanoI
under either of the antitrust laws re-
All the Justices concurring.
A true copy
Attest: D. A. VALENTINE,
[Seall Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-11-08
LEGAL.

Lyon County. Kansas. and ]. ]. Nor
rs as Treasurer of said Lyon County,
kansas, Appellants.
Appeal from Lyon County.
JUDGMENT MODIFIED.
ogIiapus. By the Court Porter, j.
1. IN an action by a bank to restrain
Sfpe coIIectlon of a portion of the taxes
iieYieo against Its property petition al
!eglng that by resolutions adopted by
the township and city assessors In the
year 15OI real estate in Lyon county was
assessed at twenty-five per cent of its
cash value and personal property, includ-
ing the capital shares and surplus OF the
plaintnf at forty percent of their scasn
value, and that before commencing suit
the plaintiff rendered to the county treas
urer the full amount of the state taxes
and the amount it claimed was due the
county based upon a proper valuation
and averred a willingness to pay what
ever sum the court should determine to
De It's valid share of taxes, states a
cause OF action for equitable relief.
z In such an action, where it appears
from the evidence that the resulting dill
1erenceS in the valuations have not
Of the taxing officers as to the actual
value of the different classes of property,
out were the result of an arbitrary, ca
PRECIOUS and unlawful agreement be-
tween the assessors to list for taxation
dlfferent classes of property at differ
ent rates of valuation, equity will afford
relief by enjoining the collection of so
plaintiffs fair and equal share of the
whole amount of taxes to be raised.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
ISeaLl Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-11-08
LEGAL.

the old channel and to rebuild it over
the new one and an owner of land, some
distance from the bridge but through
whose land the highway connecting with
the bridge passes and who has full and
free access to and from the land by 9TH
er highways, is not entitled to maintain
an injunction enjoining the commissioners
from removing the bridge.
8. Since the commissioners have not
vacated the highway of which the bridge
in its old position formed part and ap-
parently do not intend to vacate 1T it
may be assumed that If there is ne
cessity for the existence of the highway
the commissioners after the removal of
the bridge will restore the highway and
put it in a reasonable and suitable con-
dition for travel.
All the Justices concurring.
A true copy. -
Attest: D. A. VALENTINE.
ISeaLl Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-11-08
No. 17.247
No. II, BAT.
Robert NJ. Hay, Plaintiff,
VS..

No. 1871.
Robert NJ. Hay, Plaintiff,
VS..
Thomas Keeshan, w. B. Spurlock, NJ G.
Brown and ]. V. Humphrey, Defend
Original Proceeding in Mandamus.
WRIT DENIED.
Syllabus BY the Court. Smith, J.
pendent candidate for county treasurer,
signed by more than five percent of the
voters of the county, but defective in
that less than five per cent of the sign
ers stated thereon their place of resi-
dence and postoffice address, may be
amended by the filing of another GER
tIlcate OF nomination signed by those VINO
signed the original certificate defective
~, In which amended certificate they
make the proper statement of their resi-
z Upon +,,, objections being filed led
treasurer the a"e Clerk of i0t the court,
county clerk and county attorney met
10 consider such objections and decided
ton, which was defective, could not be
amended by the filing of another .certifi-
cate which cured the defects in the
original Held, That although such de-
ciston is erroneous it is final
3. In case an Independent candi-
and the certificate of such nomination be
held insufficient or imperative by the
officers with whom it is filed, a vacancy
is thus occasioned, and may be filled by
the persons or organization making the
original nomination at any time before
the election.
All the justices concurring.
A true copy.
Attest: D. A. VALENTINE,
LSeaL1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-11-08
No. 1905.
The State of Kansas, Appellant.

Inc Belle Springs Creamery Company, a
Corporation, Appellee
Appeal from Saline County.
REVERSED.
syllabus. BY the Court Smith ]
/ The word person." being the sec
ond word in Section 1852 General Stat
uteS or 1903 includes a corporation as
Wen as natural person.
z. The complaint set forth in this case
charges the offense substantially in the
language OF Section 1852 General Stat
utes of 1909 except as to the proyiso
az the end of such section, and is not
oeeLective by reason of the failure to neg
3. Paragraphs S751 and s752 General
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-11-08
LEGAL.
Published in The Topeka State Journal
November s. 1901
SUPREME COURT SYLLABI.
No. Is, $50.
John P. Sondegard, Appellee,
F. H. Martin. Appellant.
Appeal from Shawnee County.
L II Il


F. H. Martin. Appellant.
Appeal from Shawnee County.
REVERSED.
Syllabus. BY the Court. Johnston. q. J.
In an action to recover for alienation
of the affections of plaintiffs wife the
jury first returned a verdict awarding
plaintiff a nominal sum as actual dam
ages and also a considerable sum as ex-
emplary damages. The court directed the
jury to retire again and return a gen.
eral verdict in proper form for one or
the other of the parties. Shortly after
wards a verdict was returned in favor of
plaintiff which was exactly the amount of
the two items Illegally awarded in the
first verdict. Held, that the second YER
dict is invalid because it obviously in
cludes only the items specified in the
first verdict.
All the Justices concuEring.
A true copy.
Attest: D. A. VALENTINE,
ISeal1 Clerk Supreme Court.
No. 1852
The Latham Mercantile and Comm ercial
Company, Appellee,
T. H. Harrod and John w. HanIen, APP
pellants.
MODIFIED.
Appeal from COwley County.
Syllabus By the Court. Graves, )
In an action for unliquidated damages,
the jury may not allow interest upon the
amount of damages awarded.
All the Justices concurring.
a true copy.
Attest: D. A. VALENTINE.
LSeall Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-11-08
No. 1861.

No. 1851.
S. L. Clute, Appellee,
The Chicago, Rock Island & Pacific
Railway Company, Appellant.
Appeal from Clark County.
Syllabus BY the Court Mason, J..
Notwithstanding title may have been
retained by the consignor, the consignee
of goods may sue the carrier for losses
he has sustained through the negligent
delay in their transmission, although he
refuses to accept them because not sooner
delivered.
All the Justices concurring.
a true copy.
Attest: D. A. VALENTINE,
ISeall Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-11-08
No. Is,
The State of Kansas, Appe

The State of Kansas, Appellant,
VS..
VIM. J. Kaemmerling ct al, Appellees
Appeal from Crawford County.
REVERSED.
Syllabus. BY the Court. Benson. J.
The state is not required to advance
fees to a witness who makes a demand
therefor when summoned as a witness
in an action brought by assistant at
torney- general in the name of the srato
to enjoin the maintenance of a NUS
ance.
All the Justices concurr1ng.
A true copy.
Attest: D. A. VALENTINE,
LSeaI1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-11-08
D. A. VALENTINE,
Clerk Supreme Court
No. 1864.
J. W Maddox and A R. Jessup, APP
pelles.
John SinonSon, Appellant.
A nnnol from EHn1nn1r GO11rn "

-
pelles,
VS..
John Simonson, Appellant.
Appeal from F1nney County.
AFFIRMED.
Syllabus. BY the Court. Benson, ]
l. Where a contract to convey land,
for consideration to be paid in money
and by the conveyance of city lots, is
fully performed by the vendors of the
land, and it is then discovered that the
vendor of the lots has no title thereto
or interest therein, and he does not offer
to obtain such title, the vendors of the
land are entitled to recover compensa'
don for the lots.
2. The contract above referred to con
tanned the following clause:
Said parties are to furnish abstract
to their respective lands within thirty
days from this date, and deeds to be ex-
changed as soon as abstracts are made
to show merchantable title, should alb
stracts not show merehantable title, then
this sale is null and void
It is held that the above condition does
not apply where the vendor of the lots
had no title to or interest in the prop
erty he had agreed to convey, and other
lots described in his abstract were not
in the minds of either party when the
contract was made.
All the Justices eoncurring.
A true copy.
Attest: D. A. VALENTINE.
ISeal.1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-11-08

No. 1853
Ira M. Cobe, Appellee,
VS..
Herbert Hackney, as Executor of the
Last VIII and Testament of George
Hackney. Deceased, Appellant.
Appeal from Shawnee County.
AFFIRMED.
Syllabus. By the Court. Porter, ].
The receiver of a national bank, with
the direction and approval of the comp
troller of the currency, and under an
order of the district court of Shawnee
county, sold. endorsed and transferred
to the plaintiff certain promissory notes,
executed by a stockholder of the bank
in settlement of his statutory liability
under the provisions of the national
banking act. The notes were payable
to the receiver and the proceeds thereof
were applied, under the direction of the
comptroller in satisfaction of the claims
of the creditors of the bank. Held.
That the purchaser could maintain an
action upon the notes and that the de-
PENDANT having suffered no prejudice to
his defense by the transfer is not in a
position to question the jurisdiction of
the district court to make the order, or
the validity of the sale. or the title of
the purchaser.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
[SealJ Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-11-08
LEGAL.

gas pipes.
j. In asking for the submission to the
jury of special interregatories it is the
duty of counsel to frame each question
SO as to present only a single, direct and
material fact, one which is within the
issues of the case
f. The answers to special questions
examined and found not to be in con-
flict with the general verdict
All the Justices concurring.
A true copy.
Attest: d A. VALENTINE,
lSeaL1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-11-08
No. II, 1876.
The State of Kansas, Appellee.

Clarence E. Gallamore, Appellant.
Appeal from Barton County.
AFFIRMED.
Syllabus. BY the Court. Graves. J.
L. Sections IS and q of the criminal
code contain but one offense each. A
count, therefore, is an information which
contains the Language. of one of these
sections only, is not bad for duplicity.
2. Where a justice of the peace is act
ing as police Judge as provided by. sec
lions 1852 of the General Statutes of 1901,
the entries on his docket are proper evil
dence to show the proceedings had in
a case pending before him the same as
if he were the regular police judge.
3. The refusal to give an instruction
requested will not be held erroneous
where the material portions of such in
struction are elsewhere given
4. An instruction will not be deemed
erroneous where there is evidence which
applies to the law stated therein and
justifies the finding of the jury there
under.
All the Justices concurring.
A true copy
Attest; D. A. VALENTINE,
lSeaL1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-11-08
No. 1851.
Fred L. Morris, Appellee,

No. 1861.
Fred L. Morris, Appellee,
H. E. Robbins, Appellant.
Appeal from Hamilton County.
REVERSED.
Syllabus. BY the Court Smith, J..
l. An affidavit to obtain service by
publication which inferentially states all
the material facts required by statute
is not void but is at most only voidable.
2. Such an affidavit. If voidable, may,
by leave of court. be corrected after
Judgment by another AFFIDAVIT showing
that the requisite facts existed at the
time of filing the original affidavit.
8. A judgment which is not void but
only voidable cannot be successfully at
tackled in a collateral proceeding.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
[SeaL1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-11-08
No. 1851.
D. NJ. Circle, Appellant,

u
Appeal from Barber County.
AFFIRMED
Syllabus By the Court Johnston, c. J.
l. 1t is a good defense to an action to
enforce a contract for the sale of land
that the seller falsely represented the
facts as to the value OF the land and
its use and the annual rentals which he
had received for the land, that he knew
the representations to be false and made
them with the intention to deceive ana
that the buyer relied on. them to his
injury.
defense if he knew the facts and acted
upon his own Judgment yet he is not de-
prtved of the remedy for deceit merely
because he made a bare inspection of
the land at the time of purchase and
might by a more thorough inspection and
a searching inquiry have learned the falls
1ty of the representation made by the
seller providing he did in fact rely on
the representations made.
3. Before a contracting party deceived
and defrauded by another should be
deemed to have condoned or waived the
fraud by some subsequent action it must
appear that he acted with full knowledge
to abide by the contract notwithstanding
the fraud prpacticed upon him.
4. Where a jury brings in verdict
finding the amount of recovery against
a party and also finds upon and decides
question which devolve upon the court
alone that certain Instruments should be
Cancelled 1t is competent for the court to
direct the jury to retire again and to
bring IN verdict IN accoT ranH f0 W11h
5. Where the award of the jury is ex-
cessive but does not indicate passion or
the prevailing party and fair and impair
tiaI special findings returned by the jury
support the balance of the award, which
Is approved by the court, the judgment
based thereon will not be disturbed on
appeal:
Attest: D. A. VALENTINE,
ISeall Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-11-08
LEGAL.

Statutes 1909 are not unconstitutional and
void as being repugnant to either Sec,
Il, Art 2, of the Constitution of the
state of Kansas or to the 18th amend
ment to the Constitution of the United
States
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
tSeaL1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-11-08
No. lie, SAB.
M. s. Bryan. Administrator, Appellant,
VS..

No. lie, SAB.
M. s. Bryan. Administrator, Appellant,
VS..
E. Palmer and N. A. Palmer, Appe1lees.
Appeal from Marion County.
AFFIRMED.
Syllabus. By the Court. Johnston, c. J.
In an action by an administrator to
recover money loaned to the defendant
by the decedent in his lifetime testimony
by the defendant to the effect that money
for the payment of the debt was en-
closed in an envelope and taken to the
postoffice and that certain steps were
there taken to have the postmaster reg
lister the letter and send II to the decd
ent in distant state and also that in
due time he received a writing acknowI-
edging the receipt of the money and this
was identified an introduced in evidence,
held, that the admission of the testimony
did not violate the limitation prescribed
in Sec. 800 of the civil code which pro-
hibits a party in a case like this from
testifying to a communication or trans
action had personally with the decedent
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
ISeaL1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-11-08

No. II, 1856.
The City OF Kansas City ct al. Plain
tiffs,
James Sullivan ct al. Defendants.
ORIGINAL PROCEEDING IN QUO
WARRANTO.
JUDGMENT OF CUSTER.
Syllabus By the Court. Burch. j.
On the adoption of the commission
form of government by the city of Kan
sas City the powers and duties of the
board Of park commissioners were trans
ferred to the mayor and city commission
ers by virtue of the provisions of sec
ton S, chapter IA, of the laws of 1903.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
ISeaL1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-11-08
No. 16, go.
The State Of Kansas, Appellee,

No. $3.50.
The State of Kansas, Appellee,
VS..
Frank Cooper, Appellant.
Appeal from Labette County.
AFFIRMED.
Syllabus. BY the Court. Graves J..
In prosecution for the crime of for
gerry the state may introduce evidence
of other forgeries of n similar charac-
ter committed by the defendant prior
to the commission of the one for which
he is being tried.
All the Justices concurring.
A true copy
Attest: D. A. VALENTINE,
LSeaL1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-11-08
No. 1854.
Jenny R Turner. Apppellee,

No 1854.
Jenny R. Turner Appellee,
VS..
The Atchison. Topeka & Santa Fe Rail-
way Company, Appellant.
Appeal from Cowley County.
AFFIRMED.
Syllabus BY the Court. Graves. j.
1. It is negligent in a railroad COM
pany to place an employee In an emf
nently dangerous place to work with
out warning or instruction for his guild
ance, when he is ignorant of the dan
gers to be apprehended and of the means
by which to avoid them.
2. Instructions examined and found to
be sufficient.
Ali the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
[Seall Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-11-08
A true copy.
Attest: d. A. VALENTINE,
lSeal.1 Clerk Supreme Court
No 6S5

NO. 1905.
The Citizens National Bank, Appellee,
The Board of County Commissioners of
Lyon County, Kansas, and ]. ]. Nor
ris, Treasurer of said Lyon County,
Kansas, Appellants
The Emporia National Bank. Appellees,
VS.
The Board of County Commissioners OF