The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-10-08
MAY HAVE A JURY
Another Chapter in the Gordon
Mum Controversy.
Case Must Now Be Tried Before
Jury.
INJUNCTION HOLDS.
Junction HOLDS
JOintist Cannot Change Place OF
Business and Escape.
Abilene Must Wait for Commits.
sion Form of Government.

The supreme court today reversed
the decision of the Shawnee district
court in the matter of a denial of a
trial by jury to determine the owner
ship of the property left by the late G.
S. Gordon
Lille Gordon Mum, daughter, had
asked for a trial by a jury, claiming
that right in the matter of the division
of real estate Her plea being denied,
she appealed to the supreme court and
that body today in passing on this
famous case, merely decided that she
was entitled to a jury trial.
This case has been in the Shawnee
court for over year and has attracted
a great deal of attention on account of
the large amount of property involved,
the prominenC of the parties to the
suit and the charges made back and
forth. Lille Gordon Mum, daughter
of G. S. Gordon, and her husband, DR..
Louis H. Mum, claim all of the prop
erty left by Mr.. Gordon, alleging that
the widow. Jennie S. Gordon, was not
Gordon's lawful wife, she having two
husbands living at the time of her mar
riage with Gordon, from whom she had
not been divorced.
The daughter claims further that
Jennie Gordon had entered into an
antenuptial contract with Mr.. Gordon
whereby she was barred of all interest
in his estate. Touching on this matter
of an antenuptial contract, the su-
preme court holds that, eff Jennie Cor
don was competent to enter into the
marriage relation with Mr.. Gordon
then she was entitled to a widows por-
ton of his estate unless barred by the
antenuptial contract" The real estate
involved in this suit is composed of
several separate tracts, being both
farm lands and city property in Shaw
nee county and Topeka
this property. The supreme court de-
cision today means that the case,
which has been tried once by the court
must be tried again, this time by a
jury
In the case of the state against
Bone Dykes, appealed from Cloud
county and decided by the Supreme
court yesterday it was held that an, in
junction rendered against an individu-
al prohibiting him from selling liquor
forbids him from selling anywhere in
that county although the injunction
was granted while he was doing busi-
ness in one particular place. An in
junction was granted against Dykes
and he was afterwards arrested ano
charged WIN N1olaIlnS bne lnJuncIlOI
He maintained that while he had sold
liquor he had not sold it at the place
specifically mentioned in the original
action and that the injunction was
therefor void.
The Kansas Supreme court handed
down the opinion in two important
cases which were decided in July but
the legal discussion was not written
In the case of the State against Frank
Holcomb. county clerk of Wyandotte
county, a mandamns proceedings tc
, compel him to put the name of candi-
dates for district judge on the August
primary ballot the court decided that
Judge L. c. True was appointed to
hold only until the next general elec-
ton and that he must be reelected
this year. The court handed down a
long legal opinion supporting this
view.
The court handed down its opinion
in the Abilene commission government
case in which the court had previous
ly held that the election notices calling
the election when the commission form
of government was voted on had not
| been published the required length OF
| time to make the election legal. Abb