davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-02-14
No. 1888.
H. p. Farris, Appellant,

81 George W. F'innup ct al. .Appellees.
Appeal from Finney County.
Syllabus. BY the Court. Burch, J.
/. Under the statute providing that no
conveyance of real estate shall be valid
except as between the parties and as to
those who have actual notice. until it
is deposited for record Gen. Stat. 1903,
Sec. 1922. actual notice may be express,
when it consists of knowledge actually
brought personally home, or it may be
implied, when it consists of knowledge of
facts SO informing that a reasonably
cautious person would be led by them
to the ultimate fact. In the latter case
ciffc to impose the duty to investigate
further and they must furnish natural
clue to the ultimate fact
. The statute referred to casts upon
the grantee in a deed the duty OF giving
notice of his rights to subsequent pur-
chasers. Such a purchaser may assume
the non-existence of any instrument
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-02-14
No. 16,S6S.
Charles P. Collier, Appellee,

No. 1865.
Charles p. Collier, Appellee,
w. L. Monger, Appellant
Appeal from Labette County.
AFFIRMED.
Syllabus. BY the Court. Smith, J.
/. c. contracted in writing with NJ. to
drill an oil well for NJ, and fully per-
formed the contract SO far as appeared
by the express terms thereof: and after
the failure of NJ. on demand to pay the
contract price brought suit to recover the
prematurely brought. pleaded and proved
a local custom which required Co. upon
case the well. It appeared by the evil
dence that NJ. had neglected and refused
for an unreasonable length of time to
furnish the material. Held, that such
neglect and refusal did not postpone Cs
right of recovery under the contract.
All the Justices concurrlng.
A true copy.
Attest: D. A. VALENTINE,
TSeaL1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-02-14

No. 1868
In the Matter of the Application of John
A. Cole for Writ of Habeas Corpus.
Appeal from Saline County.
REVERSED.
Syllabus. BY the Court. Johnston. G. J..
1. A court which issues a writ of
habeas corpus and releases the petition
er from custody upon his giving secur-
ity that he will comply with the orders
the validity of the officers return when
the. petitioner appears by attorney only
or it may, in its discretion, refuse hear
ing until the petitioner is personally pres
ent in court.
?. Where the petitioner is released from
custody upon the making, of a cash de-
post conditioned that he will comply
with the subsequent orders of the court
and abide its Judgment and where
at the time set for hearing the
court requires the petitioner to be per-
sonaIly present in court before hearing
upon a demurrer to the return of the
officer will be had the petitioner is en-
titled to a reasonable time thereafter In
which to comply with the orders or re-
quirements of the court before for
FIXTURE of the cash deposit is adJudged.
All the Justices concurring.
t A true COPY, 49, =
Attest: D. A. VALENTINE,
LSeaL1 Clerk supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-02-14
No. 1886.
The State of Kansas, Appellant,

No. 49, 66.
The State of Kansas, Appellant,
3zs
The City of Ottawa. Appellee.
Appeal from Franklin County.
REVERSED
Syllabus BY the Court. Burch, j.
Section l, chapter II, Laws of 1891
eight hours shall constitute a days, work
for all 1aborers, workmen, mechanics or
other persons employed on behalf of any
city of the state, applies to the engineers
and firemen who operate the water and
electric light plant of the city of Ottawa.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
[Seall Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-02-14
First published in The Topeka State
journal February II, 1911

Office of the City Clerk
Topeka, Kansas. February 10, 1911.
PROPOSALS.
Sealed proposals will be received at the
office of the city clerk of the City of To-
peka, Kansas, until Monday, February y.
1911, at II o'clock M, for twelve CID dump
wagons with 'two-yard beds. steel axles
and four-inch tires. fss If
certified check in the sum of One
Hundred ($100.0O Dollars must accompany
each proposal
The Mayor and Board of Commissioners
reserve the right to reject any all bids.
lSeaLl C. B. BURGE,
City Clerk.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-02-14
No. 1880
A. V. Schenberger. Appellee,

No. 1850.
A " Schenberger. Appellee,
VS..
Union Pacific Railroad Company, Ap-
pellant.
Appeal from Clay County
REVERSED.
Syllabus BY the Court. Benson. J
The plaintiff made inquiry at the de-
fendant's station at Wakefield. Kansas,
for the freight rate on wheat in
car load lots from Wakefield to
New Braunfels, Texas, and told
was desired in order to fix the price to
a customer at New .Braunfels. In an
swer to the inquiry the plaintiff was in
formed that the rate was 81 cents per
cwt. Relying upon this information the
plaintiff fixed the price and sold two
car loads of wheat and shipped it over
the defendants line to New Braunfels.
when an additional charge of 121z cents
per cwt. was made and collected, max
ing 431k cents per cwt- on the shipment.
which was the regular tariff rate on file
with the Interstate commerce commits
sion The mistake in quoting the rate
was unintentionaI and not fraudulent. II
is held that the provisions of the inter-
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-02-14
rEGAF.

which has not been made valid against
him by filing it for record, and before
purchaser taking a warranty deed can
be deprived of the benefit of this as
sumption information that prior deed
is in fact outstanding and unrecorded
must be quite definite and specific.
g. Under the evidence in this case it is
held that a purchaser taking title by war
ranty deed did not have actual notice of
a prior unrecorded deed.
All the Justices concurrlng.
A true copy. W
Attest: L. A.sVALENTTNE
GSeal.l Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-02-14
No. 1855.
John Haughton ct al, Appellants,

VS..
w. J. Bilson ct al, AppelleeS.
Appeal from Greenwood County.
REVERSED.
Syllabus. BY the Court. Mason. j.
]. A demurrer to a petition for a new
trial on the ground of newly discovered
evidence raises the question whether the
new evidence is cumulative, but not
whether it is such as would probably
change the result, where it is material
and competent.
2. Upon the issue whether stone dis
covered by a surveyor is the same one
set in the course of a prior survey, evil
dence of witnesses who undertake to de-
scribe from personal observation the
stone so formerly set is not cumulative
to the description of the stone given in
the notes of such survey.
8. Newly discovered evidence offered as
a ground for a new trial is not rendered
cumulative by the fact that evidence of
the same character and directed to the
same point, but to the opposite effect,
was introduced at the trial by the sue
cessful party.
ALI the Justices coneurrIng.
A true copy.
Attest: D. A. VALENTINE.
ISeaL1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-02-14
No. 1880.
The State of Kansas, Appellee,

No. IL, $50.
The State of Kansas, Appellee,
William S. Hargis, Appellant.
Appeal from Cloud County.
Syllabus. BY the Court Porter, ].
1. A term of the district court having
been regularly convened continues until
there Is a final adjournment of the court
sine die or the term ends by the expira-
ton OF the period fixed by the statute.
2. Where at the time appointed for the
term Of the court to begin the regular
district judge is absent and a pro tenn.
judge is duly elected and qualities and
adjourns court to a future day of the
term, and before that day arrives the
regular Judge dies and his successor is
not appointed until after the day to
which the court was adjourned by such
pro tenn. Judge, the term will not lapse
by the death of the regular judge and his
successor may convene court at any time
before the term expires by law.
Ali the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
(Seall Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-02-14
No. 16,S47.
Nora L. Savage, Appellee,

NO 1881.
Nora L. Savage, Appellee,
The Modern Woodmen of America, Rus
sell Savage, ct al. Appellants.
Appeal from Wyandotte County.
AFFIRMED.
Syllabus. By the Court, Mason, j.
l. A judgment will not be reversed be-
cause new matter in a reply constitutes
a departure from the petition, although
timely objection has been made thereto in
the trial court. where MISUNDERSTANDING
the fault in. the pleading the CO lteation
CT eacI- party has been made clear, and
each has had full opportunity to develop
the facts.
2 Where the designation of the bene-
ficiary in certificate issued by
mutual benefit association is made in pur-
suance of an agreement founded upon a
sufficient consideration, the person SO
designated acquires a vested interest,
and unless by reason of countcrvailing
equities cannot be displaced, although the
rules of the order permit the member to
change the beneficiary at will
g. Where husband agrees that if lis
wife will help to pay the assessments
upon certificate in a mutual benefit
association in her favor he will not
change the beneficiary, and in conse-
uuence of such agreement she makes a
part of the payments thereon, using for
the purpose what are in fact the pro-
ceeds of her own labor outside of her or
binary household duties, she can not be
displaced as such beneficiary without her
consent Notwithstanding she conmingles
her earnings with those of her husband
as soon as received, keeping no sepa-
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-02-14
No. 1926.
The State of Kansas, Appellee


The State of Kansas, Appellee,
CLYDE Hetrick. Appellant
Appeal from Usage County.
AFFIRMED.
Syllabus BY the Court. Benson. j.
l. In trial for obtaining money by false
pretenses it is competent to prove by the
direct testimony of a prosecuting witness
that he would not have parted with the
money if he had not believed the rep
reservations.
2 In a prosecution for obtaining money
by false pretenses, evidence tending to
prove that the defendant made other pre-
lenses about the same time of like char
acter to those charged in the information
is admissible when it tends to prove
identity, or intention, in the issue on
trial.
g. 1t is not necessary to prove the
falsity of all the representations alleged
in an information for obtaining money by
false pretenses: proof of one or more
which are within the statute and which
induced the payment is sufficient.
All the Justices concurrfng.
A true copy. -
Attest: D. A. VALENTINE.
TSeaLl Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-02-14
No. 1892.
State of Kansas, Appellee,


Michael Weiss, Appellant.
Appeal from Sedgwick County.
AFFIRMED.
Syllabus. BY the Court West. J.
1. The constitutional amendment for
ever prohibiting the manufacture and sale
of intoxicating liquors in this state, ex-
cept for medicinal, scientific, and me-
ehanical purposes, is not a restriction
upon the power of the legislature to pro-
hibit by statute. In the absence of such
amendment the legislature would possess
such power and its authority is not di-
minished thereby. Secs. one and two, of
Chapter 164, Laws of 1909, making it un-
lawful to sell intoxicating liquors for any
purposes upheld.
2 Where the jury has been out some
time and report an agreement on one
count and a disagreement as to the 9TH
ers, and the court announces that it
would receive such verdict, and did re-
ceive the same, held, not error.
All the Justices conCurring.
A true copy.
Attest: D. A. VALENTINE.
TSeal.1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-02-14
No. 1854.
Eliza Williams, Appellant,

NO. lb,044.
Eliza Williams, Appellant,
VS..
Melissa Campbell ct al, Appellees.
Appeal from Atchison County
REVERSED
Syllabus. BY the Court. Johnston, C. J.
plaintiff who is suing to recover real
estate claimed by her by virtue of be-
ing the wife of the decedent where the
defendants are the grandchildren and
Observation-Disclosures of the decedent and
who acquire their interest in the real
estate through the daughter of the de-
eedent, is not prohibited by Sec. 800 of
the Civil Code from testifying to COM
munications and transactions had per-
sonally with the decedent, as the parties
adverse to her did not acquire their title
to the cause of action Immediately from
the decedent.
All the Justices concurring.
A true copy
Attest: D. A. VALENTINE,
LSeaL1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-02-14
No. 1882.
Sherman Wise, Appellee,

Sherman Wise, Appellee,
The Sugar Apparatus Manufacturing
Company. Appellant
Appeal from Reno County.
AFFIRMED.
Syllabus BY the Court. West, ].
1. contracted with B, a salt COM
pany, to erect an evaporation system, TWEEN
ty-five per cent to be paid down, the
remainder after its installation and meet
be removed at AS expense and the TWEEN
ty-five per cent refunded, the apparatus
to be placed on foundations furnished by
A was to put an expert in charge of the
operation of the evaporator system until
the test was successfully made. B EN-
ployed appellee to take instructions from
to operate the plant Il aeeepfed s and 1 Was
pert. who for six days directed appellee
what to do respecting the operation of
the system. when by the bursting of a
Held, that appellee was a servant of A,
to- whom A owed ordinary care.
tfnuing duty of A to use ordinary care
to provide appellee with a safe place in
which to work With safe machinery and
as a person Of ordinary care would I'M
der like circumstances, upheld, although
was not customary to inspect boilers af-
ter they had been shipped by reputable
manufacturers, except by pressure, as
g. A witness experienced in handling
boilers was asked whether: After hav-
ing examined the door of this boiler A
and the door after this accident, you can
say from your knowledge and experience
In the handling and using of boilers. II
a man In the exercise of ordinary and
reasonable precaution could have told
this boiler was defective in any way?"
to which an objection was sustained.
Held, that the question did not call for
expert evidence save in the slight de-
gree furnished by the experience of wit
ness in handling boilers, and the ruling
was proper.
& Appellee, previously a workman in
| a mil, was by the injury in question
thrown violently to the ground by
| the explosion and force of escaping
steam. pieces Of the exploded boiler
| him thereby releasing the water upon
him with great force so that he was un-
| able to rise; was bruised upon the head
| severely sealded, and was in the hospi-
| tai four weeks and one day, was rem
dered more nervous than formerly, has
! burning and itching from the scald
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-02-14
NOTICE.

According to an order of the executive
board Of the Y. w. c. A. cash bids will be
received up to February ., 1911. for the
property located at S35 Topeka ave. The
board reserves the right to reject any or
all bids. Address Mrs. w. A. Johnston,
1900 West 9Th.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-02-14
IEGAT.

state commerce act govern the trans
action, and that the plaintiff can not re-
cover.
Johnston, C. J.. Burch. j., Mason. J..
Smith. J., Porter, J., concurring-
West, J., dissenting.
true copy.
Attest: D. A. VALENTINE.
ISeall Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-02-14
D. A. VALENTINE,
Clerk Supreme Court.
No. 16,s4s.
Henry S. Ireton, Appellant,

No. l6,S4S
Henry S. 1reton, Appellant
r. NJ Thomas. Appellee.
Appeal from Neosha County.
AFFIRMED.
Syllabus BY the Court Smith J.
1. Where a portion of a tract of land
is appropriated under the authority of
chapter &c. Gen. Stat. 1909. and a levee is
erected thereon to sufficient height to
dam up the surface water naturally
about fifteen acres of the land, and
thereafter the land is sold to a purchaser
who actually sees or has an opportun-
fty to see the leyee, and the owner of the
land executes to him a deed with the
usual covenants of warranty, with no
exception referring to the levee, the pur-
seller for a breach of warranty by reason
of such encurnbrance.
All the justices concurring
A true copy.
Attest: D. A. VALENTINE,
TSeaLl Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-02-14
No. 1882.
G.. A. Harp, Appellee,

No. 16e42.
G. A. Harp, Appellee,
A. l. Wilson, Appellant.
Appeal from Neosha County.
3 AFFIRMED.
Syllabus. By the Court. West, J.
That portion Of section 7671 Gen. Stat
1901, which required the treasurer to state
in the redemption notice: 1.-THE amount
of taxes charged, and interest is free
from ambiguity and was correctly con-
strued in Casner VS.. Gahlman, 8 Kan.
295: 60 Kan. S57; and Shinkle VS.. Meek, So
Kan, 36S.
All the Justices concurring.
true copy.
Attest: D. A. VALENTINE,
LSeaLl Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-02-14

First published in The Topeka State
Journal Friday, February 10, 1911
In the District Court of the United States,
District of Kansas, First Division.
The United States of America Libelant,
-Four Hundred and Fifty Cases of Tomato
Catsup.
CITATION
Under and in pursuance of an order and
due and regular process in the above en-
tilted cause, did on the 9Th day of Feb
ruary. 1911, seize the following described
Four Hundred thirty-seven (4s0 cases
No. II Elks Pride Brand Tomato Catsup
each case containing twenty-four (2D bot
ties; Three Hundred eight (SOS) cases No
II Elks Pride Brand Tomato Catsup. each
case containing twenty-four (24) bottles.
six cases being short two bottles each,
Same having been taken by the u s.
Department of Agriculture for ANALYSIS
the same being in the possession Of fine
McCord-kfstler Mercantile Company, do
ing business as The McCord- KistIer Me--
has heretofore been shipped by the Har-
bauer-Marleau Company, city Of Toledo.
state of Ohio, to The McCord-Kistle
Mercantile Company at Topeka, state of
Kansas, It being claimed that said cases
are mfsbranded within the meaning of
the Food d Drugs Act, approved June 40
sion and do hereby give notice general
", unto all persons having or pretending
TO have any right, title or interest in said
property TO appear before said court in
trict and division, on the 10th day of
April, 1911, at 10 O'Clock a. NJ, then and
there to make known their claims and
allegations in said matters.
Dated at Topeka, Kansas, this 9Th dav
of February, 1911.
WILLIAM H. MACKEY, JR..
United States Marshal for the District of
BY .. E. NEED. Deputy.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-02-14
D. A. VALENTINE.
Clerk Supreme Court.
No. 16,S40
Marie s. Malline and Axel Nybert, Ap-

No. $50.
Marie s. Walline and Axel Nybert, APP
pellees,
N. T. Olson and P. AkeSon, Appellants.
Appeal from Mcpherson County.
REVERSED.
Syllabus. BY the Court. Porter. j.
l. In an action for relief on the ground
of fraud, it is held, following Black VS..
Black. Ga Kan. $50. that the records of
the probate court involving the transac-
lions complained of were constructive
notice of the alleged fraud sufficient to
set in motion the two-year statute of
Limitations.
2. The evidence examined and held not
to disclose such fiduciary relations be-
tween the parties as to absolve the
plaintiffs from examining the records or
such relation Of trust and confidence
between them as would prevent the stat
ute from beginning to run until after
the actual discovery of the alleged fraud
All the Justices concurring.
A true copy.
Attest: d. A. VALENTINE.
ISeaLl Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-02-14
No. 1862


J. r. Hardie, Defendant, and H. M. Doc
little and Missouri Doolittle, Appel
lees.
Appeal from Kearney County.
REVERSED.
syllabus. By the Court. Benson, ]
Pending the hearing of motion to va
cate judgment rendered by default
upon constructive service, the plaintiff
by leave of the court, filed amended
proof of publication showing that notice
of the tendency Of the action had been
duly published for the required time, as
proof of publication originally filed.
and upon which the judgment was en-
tered, showed that the publication had
not been made for the requisite time. 1t
is held, that such amended proof was
properly allowed and due publication hav-
ing been shown thereby, the motion to
vacate the judgment ought to have been
oyefruled.
Al the justices concurring.
A true copy
Attest: D. A. VALENTINE,
(SeaD Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-02-14
No 16, S36.
Alice c. Wingfield, Appellant.

J. C. McClintock, L. r. King, and Will
liam F. Bowen, Appellees.
Appeal from Geary County.
MODIFIED
Syllabus BY the Court. Smith, j.
1. On the trial Of a case where there
Is conflicting evidence on the one hand
tending to establish a material fact and,
on the other, to disprove it, it is error
for the court to sustain demurrer to
the evidence. however strongly in the
of the evidence may be against the party
on whom rests the burden of the issues.
2. Evidence of experiments offered as
an illustration of fact in issue, which
experiments are taken under widely diff
fering conditions from the facts sought
to be illustrated, are not admissible In
evidence.
Johnston, C. J.. Mason, J., Porter, J.,
Benson, J., and West, J., concurring.
Burch, J., dissenting.
A true copy.
Attest: D. A. VALENTINE,
ISeaL1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-02-14

No. 1859.
Catharine Weedman, Appellant,
Charles Fowler, Appellee.
Appeal from Kingman County.
AFFIRMED.
Syllabus. By the Court. Porter. J.
1. A Judgment in an action against
the guardian OF an insane person quiet
ing the title of the grantee IN guar
dams deed to lands described therein,
which judgment remains in full force
and effect is a bar to an action by the
guardian to set aside the deed on the
ground that it was procured by fraud.
2 The only fraud that can be relied
upon to avoid a Judgment in collateral
attack is fraud which inheres in the
Judgment and which affects the Jur1s-
diction. (Bleakley VS.. Barclay, 70 kan.
All the Justices concurring.
Attest: d. A. VALENTINE.
[Seal] Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-02-14

No. 1864.
E. H. Elliott, Appellee,
VS..
o. B. Hudson and Mrs. o. B. Hudson,
Appellants
Appeal from Haskell County.
AFFIRMED.
Syllabus. By the Court. Porter. J.
I. In an action to quiet title, held that
the averments of the special answer SO
far modified the general denial as to
admit without further proof that the
plaintiff held the legal title at the time
the action was commenced.
2. In an action to quiet title independ-
ent of the statute, a petition which states
that the defendant claimed an interest
in the land by virtue of two tax deeds
of certain date, and that the deeds
were wholly null and void and conveyed
no title to the grantee therein, states
generally the nature of the defendant s
adverse claims.
8. Where a petition in general terms
states a cause of action, and the defen-
dant answers and goes to trial, he can
not by demurrer to the evidence ques-
ton the sufficiency of the petition.
All the Justices concurrlng.
A true copy.
Attest: d, A. VALENTINE,
ISeaL1 Clerk Supreme Court.