davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-05-10
D. A. VALENTINE,
Clerk Supreme Court
No. 1886.
Fred Kamera, Appellee,


Fred Kamera, Appellee,
VS..
The Missouri Boiler Works Appellant
Appeal from Wyantlnt-e County
AFFIRMED.
Syllabus. By the Court. Mason, J.
In a case where strict accuracy of ex-
preston required an Instruction that it
is the duty of an employer to EXER-
CISE ORDINARY CARE TO furnish
his employees with reasonably safe
place in which to work, the omission of
the words in capitals is not ground of re-
versal where the jury were also told
that the employer is liable only for such
injuries to his employees as result from
his negligence and that negligence is the
failure to use ordinary care.
All the Justices concurring.
A true copy. - 49, o..
Attest: D. A. VALENTINE,
[SeaLl Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-05-10
No. 1870.
Adolph Kruse, Appellee,

]. E. Conklin, Appellant.
Appeal from Kiowa County
REVERSED.
Syllabus. BY the Court. Porter. ].
l. An unrecorded conveyance of real
estate is good except as against per.
son who purchases without notice thereof
and for a valuable consideration.
,. Where. after the execution of a
conveyance which Is not recorded, the
grantor conveys the same property to
another, the latter in order to be pro
tected by the recording act must as
sumo the burden of proving that he was
a purchaser for a valuable consideration.
Recitals in the conveyance itself of the
payment of consideration are no evidence
thereof as against strangers.
3. AS soon as it appears that valuable
consideration has been paid the presump-
ton arises that the purchaser acted in
good faith and without notice of the
rights of those who claimed under the IN
recorded deed. Until there is proof that he
paid a valuable consideration there is no
presumption of good faith.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
CSeal.l Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-05-10
No. 1853.


NO. 1913.
Barbara A. Blair, Appellee.
William A. Blair. ct al. Appellants. and
Appeal from Atchison County.
REVERSED.
Syllabus BY. the Court; Graves, j.
the words used will be expanded or re-
stricted so as best to express the purpose
and intent h OF the tes tor having annie
means makes a liberal provision for the
support and maintenance" of his widow,
those words will be given a broad and
liberal significance when no Language is
used in connection Herewith which tends
to restrict or limit their meaning.
g. The provision made by testator for
the support and maintenance of his widow
can not be used or diverted to uses OF
purposes wholly foreign to her mainten-
ance or personal expenses.
A. Where 1t is provided in tine will that
the widow may draw from the estate al
maintenance, the word "reuuirs' will not
be interpreted to mean an amount needed
or necessary for such purpose, but 1t will
she may request or wish I'd use Tor suca
purpose.
All the Justices concurring.
Attest: D. A. VALENTINE.
ISeaLJ Clerk Supreme Court.
VIM. P. Gilbert, Appellee.
George Grubel. Jr., Appellant,
Appeal from Wyandotte County District
Court.
AFFIRMED.
Syllabus. By the Court Graves, j.
1. G owned a business located in Kan
SaS City, Kansas He wished to dispose
of a one half interest therein to some per-
son who was familiar with it ana capable
of becoming manager thereof and with
partnership. B, who claimed to under
stand the business, proposed to purchase
one half thereof, and they entered into
an agreement which was in substance as
B was to manage the business ard re-
ceive out of the profits thereof the sum
of SIS per week for his services. When
the profits amounted to the sum of $500
which was to be in full satisfaction Tor
the one half interest sold to b.
The contract was carried out as CON
templated until the profits amounted TO
ousted 3 and terminated the contract
Held that a cause of action for damages
accrued in favor of B Immediately.
2. In an action by founded upon the
damages would be such sum as would
fairly compensate him for the loss SuS-
tanned In estimating this amount 1t
would be proper to consider the value OF
entitled when the contract was completed,
and how much of the agreement was
unfinished at the time he was ousted
therefrom.
petition alleges the execution of the con-
tract its performance in good faith by
him until practically finished, and his
wrongful exclusion from the opportunity
benefit of the property Hereunder as
stipulated, demurrer to such petition
should be oyerruled.
Johnston, c. J.. Burch, J.. Mason, j.,
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-05-10
No. 1928.
The Altoona State Bank, a Corporation
Appellee,
I. NJ. Hart, Appellant.
Appeal from Wilson County.
A LNENTDNTETn

l. NJ. Hart, Appellant
Appeal from Wilson County.
Syllabus BY the Court. Benson. ].
l. False representations are actionable
when made fraudulently, that is to in
duce another to part. with his money
or property, if believed and acted upon,
and made with knowledge of their tall
sity; or, when made for such purpose by
one who has no knowledge upon the sub
ject but who intends to convey and does
convey the impression that he does have
actual knowledge that they are true, and
thereby deceives the other to his injury
,. Questions concerning the sufficieil-
cy of petition, the competency of EVIL
dencei the practice IN submitting special
of notes given for money obtained by
fraudulent representations are consid-
cred.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
[Seall Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-05-10
No. 1886.
Leigh Hunt, Appellant,


Leigh Hdnt, Appellant,
VS..
The Board of County Commissioners of
the County of Allen; NJ. r. Sickly as
County Treasurer of Allen County in
the State of Kansas; NJ F. Sickly; the
City of lola; and the Board of Educa-
ton of the City of scla of the State of
Kansas, Appeliees.
Appeal from Allen County.
AFFIRMED.
Syllabus BY the Court Smith. J.
l. The owner of shares of stock in a
corporation which 10 organized i'll another
state, and has its principal office IN such
state and not in the state Of Kansas, is
required by the statutes of this state
to list such shares for taxation ut the
full value thereof ana is not entitled to
any deduction from the assessment there
of, although all, or practically all, OF
the capital of sucn corporation is invest
ed in real estate and personal property
which is taxed in this state
2 Such taxation of such shares Of
stock is not double teXauion, and the
statutes authorizing the same are not
void as in conflict with section one, ar
ticle eleven of the constitution OF the
state of Kansas, but are valid.
All the Justices concurring-
A true copy.
Attest: D. A. VALENTINE,
[SeaI] Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-05-10
LEGAL.
No. $3.50.
McDougle-Craig & Company, Appellees,

j. R. Greenlees, Appellant
Appeal from Douglas County.
AFFIRMED.
Syllabus. By the Court. Benson. j.
The term "city courts in the proviso
of section 1 of the Justices code Gen.
Stat. 1909, sec. 636D limiting the jurisdic-
ton of justices of the peace in courties
where city courts are established, does
not include the county court of Douglas
county, and the jurisdiction of the JUS
tees in that county was not affected by
that proviso.
All the Justices concurring.
true copy.
Attest: D. A. VALENTINE
lSea1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-05-10
LEGAL.
Published in The Topeka State Journal
May 10, 1901
SUPREME COURT SYLLADI.
No. 5000.
The State of Kansas. Appellee,
Alvin C. Chance, Appellant.
Appeal from Thomas County.

Alvin C. Chance, Appellant
Appeal from Thomas County.
AFFIRMED.
Syllabus. BY the Court Mason D.
l. Where one affiXeS to note a sig
nature which he intends shall be re-
garded as that of another person the
act is not prevented from being forgery
by the circumstances that the name is
2. Where the name Henry Helms is
signed to a note with the intention that
it shall be supposed to be the signature
of Henry Helm, it cannot be said as
matter Of law that the difference Is SO
great as to prevent the deception of any
person of ordinary prudence.
8. Upon the trial of an employee on
the charge of uttering note payable
to his employer which ne had forger Tor
the purpose of covering up shortage
evidence that he had forged other notes
for the same purpose is competent
A. BY leave of court an information
may be amended in matter OF substance
as well as of form after plea OF not
guilty has been entered and before the
trial is begun.
All the Justices concurring.
Attest: D. A. VALENTINE,
TSeaIJ Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-05-10
No. 1885.
J. c. Hotham, Appellant,


J. c. Hotham, Appellant,
E. NJ Berry, Appellee.
Appeal from Atchison County
REVERSED.
Syllabus. By the Court. Graves. )
l. Where two persons become sureties
upon a promissory note, and one of them
pays the note two days before maturity,
the principal being then and for some
time before and after unable to pay, such
premature payment will not of itself re-
Heve the other surety from contribution.
,. In such case where one Of the
sureties furnishes the money to LAY the
note and entrusts it to another, to be
used for that purpose and such other for
his own purposes obtains the check OF a
third, person in exchange for the money
received from the surety and with SUCH
check pays the note, such payment will
not, because made in that manner, re
lease the other surety from contributor.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
LSeaL1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-05-10
No. 1855.
]. N. Davis, Plaintiff,

NO. Ib,jbb.
]. n. Davis, Plaintiff,
James NJ. Nation, Auditor of the
State of Kansas and Register Of the
State Land Office, Defendant.
Original Proceedings in Mandamus.
WRIT DENIED.
Syllabus BY the Court. Porter. ].
Section of chapter 373 of the Laws of
1907 providing that action shall lie
brought by any purchaser of school land
or by his assignees to enforce his right
to an interest therein. unless ire same
be brought within six months from the
time the act takes effect, is not uneon-
stitutional on the ground that it fails 10
give a reasonable time within which to
begin such action.
All the justices concurring.
true copy.
Attest: d. A. VALENTINE,
lSeall Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-05-10
No. 1926.
Charles H. Wagner Appellant,
J. G.. Beadle, ct al, Appellees.
Appeal from Kearney. County.
ENE,T d NTUTT0

Appeal from hearney county.
AFFIRMED.
Syllabus. By the Court. Mason. ].
l. The fraud for which a judgment
may be set aside must be actual fraud,
involving international wrong, as distin-
guished from legal or constructive fraud
.. Assuming but by no means deciding
that the rule foroiddiais a Judgment to
be set aside for fraud In matter there
by adjudicated does not apply where the
defendant had no actual notice of the
tendency of the action, no ground for
its vacation is established by IL showing
that it was based on a CLAIM insuffi-
cient in law, but admitting of assertion
in good faith.
3. One against whom decree .quieting
title has been rendered upon publication
service and without actual notice. can
not, after the lapse of three yeats. have
the Judgment set aside as fraudulent,
merely by showing that the PLAINTIFFS
title was based solely upon a tax deed
which showed upon its face that 1t was
not effective as q conveyance.
All the Justices concurring.
a true copy.
Attest: D. A. VALENTINE,
[Seal1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-05-10
No. 16,249.
George c. Nelson, Appellant,

G6O1S0 y. NOlSOH, Appellant,
VS..
The Board of County Commissioners OF
Butler County, Appellee.
Appeal from Butler County.
REVERSED.
Syllabus. BY the Court Graves ].
In an appeal to the district court from
an award of damages allowed by the
county commissioners for the establish
ment of a highway, the county attorney
in his statement to the jury stated that
the land did not belong to the appellant
as a public highway had long ago been
esta blished upon that same line by the
legislature. On the trial the county attor-
ney introduced an act of the legislatu re
by which, in 1872 a road was established
on all sectional lines in that and other
counties. At the proper time the appel
liant requested the court to instruct the
Jury to disregard the fact that a public
highway had been established on such
line, which was refused. Held error.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE
lSeaLl Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-05-10
No 5000.
The State Of Kansas, Appellee,

Alvin c. Chance, Appellant
Appeal from Thomas County.
AFFIRMED.
Syllabus BY the court. Mason. ].
A company Incorporated for the pur-
pose of pecuniary profit, although hav-
ing no power to engage in banking, or
in loaning money, or in writing insur-
ance. is a 'moneyed corporation within
the sections of the crimes act (Gen.
Stat 1909, sec. 262) declaring one guilty
of forgery who fraudulently makes false
entries in the account books CT an as
sociation of that description.
All the justices concurr1ng.
A true copy.
Attest: D. A. VALENTINE,
lSeaLl Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-05-10
d. A VALENTINE,
Clerk Supreme Court.
No. 1851.
John D. Funk, Appellant,
-, vs.
Inc Shawnee Fire Insurance Conpany
Appellee.

-,
Inc shawnee Fire Insurance Company,
Appellee
Appeal from Marion County
REVERSED
Syllabus BY the Court 1a,-oA T
A mortgage clause IN the usual form
was attached to a policy lasuring the
SSWher or property against loss bv
IRE tl[e- Inc owner then assigned the mol
ICY, with the assent of the insurer. to
q e vendee Of the property, Held, the
oIlslnai premium supported the fnsnr-
snce of the two interests. thai NJ fbe
t owner and that of the rnortgagoe. and
tne poHcy was sustained by that consid
sTation IN the hands of the assignee
Held further, that since the morfsa9e
clause reserved no right to the mortgar9e
the want OF such approval I'D not AFFECT
the assignee 'oiius VI
All the Justices concurring.
A true copy.
Attest: D. A VALENTINE
LSeaLI Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-05-10
LEGAL.

error committed by the court in over
ruling such motion.
All the Justices concurring.
A true copy.
Attest: D. a. VALENTINE,
lSeaLl Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-05-10
No. 1852.
George S. Howell, Appellee,

George S. Howell, Appellee,
James W. Carton, Appellant.
Appeal from Gray County.
REVERSED
Syllabus. BY the Court. Johnston, c. J.
The term unknown heirs, as used in
the sections of the code providing for
service by publication in cases relating
demanded is to exclude defendants from
any interest, title, or estate in real prop
erty, means all kinds Of heirs including
heirs of heirs of such defendants as well
as the legatees of heirs.
All the justices concurring.
A true copy.
Attest: D. A. VALENTINE,
ISeal1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-05-10
No. 1875
Daisy Hutto, Appellee.

A. w. Ellis ct al, Appellees. and Emily
Irene Knowlton, Appellant.
Appeal from Pratt County.
REVERSED.
Syllabus. By the Court Burch, j.
The rule that, if an examination of the
public records would reveal a fraud the
records themselves furnish sufficient con-
structive notice of the fraud to set the
obtain in favor of a vendee of real estate
who procured his conveyance by means of
false and fraudulent representations re-
speeding the state of the record, upon
which the vendor innocently relied.
All the justices concurring.
A true COPY.
Attest: d. A. VALENTINE,
ISeall Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-05-10

No. 16, 332.
Kelly & Lysle Milling Company, Appel
liant,
VS..
L, Schneider, Appellee.
Appeal from Wyandotte County District
Court.
AFFIRMED.
Syllabus. BY the Court. Porter, j.
l. Under the provisions of the old code,
sections 293 and 295 report of a referee
appointed by the district court could be
assailed by a motion TO set it aside or
by proper exceptions thereto flied upon
the coming in of the repor-, and it was
not essential that exceptions be taken TO
errors occurring on the trial before him
if such errors appeared of record.
2 The amended code makes nc pro-
vision for exceptions or for bills of ex-
ception. laws of 1909, oh. 1872, Gen. Stat.
1909, CHI So
All the Justices concurring.
A true copy.
Attest: d. A VALENTINE,
ISeaL1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-05-10
D. A. VALENTINE,
Clerk Supreme Court.
No. 16, 52S.
Merle Hollingsworth, Appellee,

Merle HOIIlngsWOrth, Appellee,
VS..
The Western Union Telegraph Com
pany, Appellant.
Appeal from Shawnee County.
AFFIRMED.
Syllabus. BY the Court. Porter, J.
In an action for damages for the fail
ure to deliver a death mes sage, held, that
the evidence shows sucl wanton and
reckless disregard Of the rights of the
plaintiff as warrant exemplary damages
and that the sum of 800 allowed by the
jury is not excessive
Johnston, C. J., Burch, j., Mason, J.,
Smith, j., Graves, j., and Benson, j..
concurring.
Porter, J., dissenting.
n true copy.
Attest: D. A. VALENTINE.
[Seal1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-05-10
LEGAL.

Smith, J., and Benson, J., concurring
Porter, j., dissenting.
A true copy.
Attest: d. 4. VALENTINE,
| CSeal.1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-05-10
LoCKsNIITHs.

Have your keys made and lock repaired
by F. A. Bauman. 215 Kan. ave. Bell 1882
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-05-10
poo1 AND BILLIARD TABLES.


FOR SALE-New and secondhand bill
lard and pool tables aEs bowling alleys
lures: easy payments. Send for catalogue.
Brunswick-Balk Collender Co. 1329-1
Main street. Kansas City. Mo.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-05-10
osTEoPATHs,


DIR. MARY E. ALSPACH, T. 40 Com
mcrce Bldg. Elevator service.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-05-10

D. A. VALENTINE,
Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-05-10
FREE DIsPENsARY.

QUINCY STREET FREE DISPENsARY.
81 Quincy st. Conducted by regular
ical service free. Medicine free in some
cases Ofrice hours to 5 p. m. Calls
Answered night and day. Ind phone 1707.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-05-10
PATENTS.

PATENTS.
----~----~-~----------~~-~
J. A. ROSEN. patent attorney. SO Kan
sas eve. Topeka. Kan
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-05-10

~ --~rER AND STORAGE.
MERCHANTS TRANSFER & STORAGE
Co. packs, ships and stores household
goods. Tel. 1S6. Clarence Skinner. GA
Quincy st.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-05-10

PICTURE FRAMING.
FRAMING, regilding. mat NAL ng, mount
ing done by J. D. Sullivan, 122 w. Eighth
street Packing. shipping, etc
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-05-10

D. A. VALENTINE.
Clerk Supreme Court.
Evening capital and Maryland gazette. (Annapolis, Md.) 1910-1922, 1910-10-25
TO THE DEMOCRATIC Voters
OF Anne Arundel County.
(Communicated).

Now that the Congressional primary
is over and the Hon. j. Enos Ray has
been fairly nominated as the democratic
standard bearer in this district, and as
the majority shall rule is one OF the
cardinal principles of the democratic
party, he is entitled to the earnest sup
port Of every sincere democrat and par
ticularly those who participated in the
primary contest. 1t is dishonorable for
a man to take part in primary meet
ing and then vote against the nominee,
simply because his favorite in the con-
test was defeated and / cannot believe
there are many such in dear old Anne
Arundel. Mr.. Ray is mentally qualified
TO represent US in congress and is an
honest. straight forward democrat, and
as such, believes in the traditions. his
tory and principles of the democratic
party and what more should any demo-
cratic voter demand of his party
candidate? 1t would be most mortify-
ing should the election be so close in
the district that the vote of Anne
Arundel County should decide it and
elect the republican candidate. 1t is
the duty. therefore, Of every democrat
to turn out on the day of election,
Tuesday. November the 9Th, 1910, and
cast his vote for Mr.. Ray;
GEO. WELLS,
Chairman Democratic State Central
Committee for Anne Arundel County.
Evening capital and Maryland gazette. (Annapolis, Md.) 1910-1922, 1910-10-25
One Two Story Frame House

on Chesapeake Avenue. Eastport, six rooms,
renting for $500 a month on lot of ground
i5N l2O rect. see deed from William l.. Beale,
ct al, recorded in Libor q. w No ~, folio 30.
Also at the same time will offer on the
county road from EastpOrt 10 Bay Ridge a
tract of land COMMUNICATIVE ACRES, more
or less. This land has been laid OFT in Is lots.
five fronting on the public road with a 'front.'
age of 80 feet 10y Dbl feet deep, and l3 in rear
of those ! Is between Hanson Street and
Tyler Street. as laid out on plat of Brashears-
vile. fronting 30 feet each on Tyler street,
with depth of Do TO Harrison Street. See
deed from James v. Brashears. ct al, record
ed in Liber q. w. No. "a, folio 213.
a plat of these properties can be seen at
the Office of the undersigned. They will be
offered first in lots and then as a whole. The
attorney rcserYiug the right to accept such
offers AS may produce the best results TO the.
owner.
TERMS OF SALE-One-half cash. balance
six months, or all cash. at the option of the
purChaseg.
Deferred payments 10 bear interest and TO
be secured 10 the satisfaction of the under.
signed.
\ deposit of $25 90 on each OF these lots will
be required on the day of sale. and deposit
5000 each on the several houses mentioned
i'm the advertisement These properties can
be sold nj private sale before the day of sale.
JAMES W. OWENS.
oct y Ct Attorney.
Evening capital and Maryland gazette. (Annapolis, Md.) 1910-1922, 1910-10-25
Timber Land For Sale
IN THE
Second District Of anne Arundel County,
Lying on Underwood Crssk.

The undersigned. as trustee, holds al private
sale, l54 ACRES OF LAND belonging to the
Estate of the late Andrew J. NJ. Dorsey. IL
wood or Clements Creek. sometimes known
as ''Dildick' or '.Salt-pan Creek,"l a tributary
of the Severn River. The tract is mostly
woodland, some Of il containing fine timber
Right of way to railroad. Dorsey's Crossing.
one mile distant. May be purchased as whole.
or In lots according 10 the plat OF subdivision
fled in No. 1854 Equity, in which cause the un-
dersigned was appointed trustee TO sell, and
having once offered it at public sale, is now
authorized 10 sell at private sale.
Terms OF sale can be made to suit purchasers.
JOHN WRIT RANDALL.
81. Trustee
Evening capital and Maryland gazette. (Annapolis, Md.) 1910-1922, 1910-10-25

No hindrance should be put in the
way of the removal of the remains of
Gov. Paca. of Revolutionary and colo
NAL, fame. from the present resting
place in an Obscure rural district on
the Eastern Shore to the church yard of
st. Anne's. this city.
The Sons of the American Revolution
are about TO erect handsome monu-
ment and would like to have the re-
mains moved here. Annapolis is fit.
ting resting place for the remains of
Gov. Paea who spent an important part
of his life here. and no objection should
be made to this proposed plan. To be
sure there are obstacles possibly IN the
way and the very fact that no grave
has been made in the church yard for
more than century will arise as a
hindrance TO the proposed plan. How
ever this may be overcome. and at
least the better judgment of those in
authority will grant that there could be
no more fitting spot as the last
resting place of Governor William
Paca than the ehurchyard of st.
Anne's.