davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-06-13
LEGAL.
COURT SYLLABI.
No. 1871.
Claude F. Parker, Appellant,

VS.
Blanche G. Maslin, (Appellee), RaIph u
Parker and Herbert Cooper.
Appeal from Miami County.
AFFIRMED. a.,
S.Sabus. By the Court. Snhth, d
W1Hre, on the hearing of motion un-
der &ction SO of the code by defendant
to reopen a judgment taken by de1ault
on service by publication, 1t appears tIst
certain facts were communicated to the
defendant in time to enable her to come
in and defend in the action; Dut IL aIS9
appears that the facts COMMUNICABLE
were indefinite and might reasonably De
understood, by a woman unacqualnteu
with business, to refer to another proceed
ing pending in another state involving the
same property; Held, in such case tne
question whether the defendant had act
uaI notice" was one of fact to be deter
mined by the court upon the evidence.
ALI the Justices concurrng.
A true copy. ,D,,,r1,,, -
Attest: d. a. NALENI ~ e.
ISeaIl Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-06-13
No. 17,10S.
S. r, Edwards, Appellee,

No. i, 108
S. r, Edwards Appellee,
VS..
II. L. Brickerhoff. Appellant
Appeal from GreehWood County.
AFFIRMED.
Syllabus. BY the Court Smith j.
l.. Under the pleadings and evidence in
this case the statute of frauds (sec. 1888
Gen, Stat. 1909 has no application.
2 Where fact essential to the cause
but is alleged in the reply as occurring
after the filing of the petition and the
trial is proceeded with. without objection,
as If the reply had been filed, by leave
of court, a supplemental amendment
to tn petition, it will be SO regarded
here. .t-
All the Justices concurring.
true copy.
Attest: D. A. VALENTINE,
tSeal1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-06-13
D. A. VALENTINE,
Clerk Supreme Court.

No 16.S5O
Charles C. Carmen, Appellee,
Z. F. Knight ct al, Appellants.
Appeal from Cowley County
REVERSED.
syllabus BY the Court. Johnston, c. J..
i. The TestatriX, who had a husband
but no children, had a right to devise one
half of her property to her brothers and
sisters without the consent of her hus-
band
2: Her sister, beneficiary under the
Will, nursed and cared for testatrix dur
ing an illness of several months and the
relations between them were affectionate
and confidential but these facts of them
selves do not raise a presumption that
the testatriX in the making of the will
j. Upon the request of the testatrix
her sister asked the scrivener to prepare
Will and communicated to him the pro-
visions which he testatrix desired to be
written in it and was in the house with
ed but there is no testimony that she at
tempted to Influence or control the tes-
tatrix in the disposition of her property.
disposition which, under the cir
cunStanceS, was not unnatural nor IL
logical held, that these facts do not of
Wa was executed through fraud OF I'M
due influence. --AE - =
4. The mere fact that the testatrix
desired that her husband should not
Know of the will, and that it was aexecut-
ed without his consent or knowledge, and
OF this purpose, does not create a pre-
sumption of undue influence.
All the Justices concurrlng.
A, true copy.
Attest: Z. A. VALENTINE.
lSeaLl Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-06-13

No. 1870.
Mrs. Susie Peck Appellee,
VS..
The Merchants Transfer & Storage Com
pany of Topeka, and c. D. Skinner, APP
pellants.
Appeal from Shawnee County.
AFFIRMED.
Syllabus. BY the Courts Mason. J.
l. Where a defendant is designated in
the petition as a company" and in its
answer describes itself by the same desig-
nation, a judgment against it will not be
reversed on the ground that the record
nowhere shows whether it is partner
ship, a corporation, or an individual do
ing business in that name.
2. The proprietor of a. warehouse is
liable, in an action of replevin, to the true
owner of goods stored with him by some
one else, where he has refused to deliver
them on such owners demand, notwith-
standing he has asserted no claim upon
them in his own right
3. The consignor of goods which are
replevined while in transit is not bound
by a judgment against the carrier, al
though he has notice of the litigation,
where he is not a party and takes no
part in the proceedings.
All the Justices concurring.
A true copy.
Attest: d. A. VALENTINE,
[Seal1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-06-13
No. 1851.
F. E. Sparks, Appellee,

No. IS S61.
F. E. Sparks, Appellee,
Reliable Motor Car Company, Appellant.
Appeal from Mitchell County.
AFFIRMED
Syllabus. By the Court. Porter, j.
1. The measure of damages for breach
of contract giving plaintiff the ex-
elusive agency for the sale of automobiles
where the manufacturer invades plain
tiffs territory is the amount of commits
sions or discounts of which plaintiff is
deprived by sales made by the defen-
dant. 20 s--=.----
t 2. In such an action the defendant by
selling in plaintiffs territory in violation
of the agreement is estopped to claim
that If he had not done SO the plaintiff
would have made the sales.
All the Justices coneurring.
A true copy.
Attest: d. A. VALENTINE,
(SealI Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-06-13
50 e. s. ae,No. 1T,110, -,-.4.
Holiday State Bank, Appellee,

vs. rst'-,l -
C. B. Hoffman, Appellant.
Appeal from Wyandotte County. Court
of Common Pleas, -
REVERSED.
Syllabus. By the Court. Porter. j.
A promissory note otherwise negOtia BILE.
due six months after date, with interest
from maturity until paid at the rate Of
six per cent. per annum, contained sTe-
citaf that certain collateral security was
attached thereto the market value of
which was stated to be S., and con
tanned in addition the following stipula-
ton: "If in the Judgment of the holder
of this note, said collateral deprecfates IN
value the undersigned agrees to deliver
when demanded additional security to the
satisfaction of said holder; otherwise this
note shall mature at once" Held, that
the instrument is non-negotiable ID be-
cause it contains promise to do an act
in addition to the payment of money
Gen Stat. 1909 Sec. 52S7; CD because the
date when it is to become due is uncer-
tain (Gen. Stat 1909, Sec. 5257.)
All the Justices concurring.
Attest: d. A. VALENTINE,
fSeal1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-06-13
49, No. II, 133.
Stella B. Marble, Appellee,

70 --4NO. IL loo
Stella B. MARBLE, Appellee,
The Topeka Railway Company, Appel
liant. -
Appeal from Shawnee County.
AFFIRMED.
Syllabus. By the Court. Benson. j.
l. A pedestrian upon sidewalk in g.
city is not as a matter of law chargeab1e
with negligence in crossing the tracks of
a street railway upon which car is ap-
preaching, provided the car is SO far
away and its apparent speed is such that
a person of reasonable prudence would do
so in that situation.
2. It can not be held as matter of law
tat it is negligent to pass over a public
crossing in. a street where cars usually
stop, in front OF an approaching street
car unless its proximity, its speed as 1t
appears to the pedestrian. the signals il
any, and other circumstances, are such
that no other reasonable conclusion can be
drawn.
8. It is held that upon the evidence the
question of eontributery negligence was
properly submitted to the jury.
All the Justices concurring.
Attest: 90 -. D. A. VALENTINE,
I ISeal 15.ss:1s,7s ss15sss Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-06-13
No. 1859.
T. L. Brown, Appellant,

No. 1859.
T. L. Brown, Appellant,
T. J. Corrigan, Appellee.
Appeal from Cowley County.
..-- AFFIRMED.
Syllabus. BY the Court Benson. J
l.. In establishing a drainage ditch un-
der the provisions of sections 29S42999 of
the General Statutes of 1903, the location
of the starting point 80 feet from the
place designated in the petition, the ditch
being two miles in length is not such a
departure to deprive the commission
ers of jurisdiction.
| 2. A land owner who appears before the
commissioners in pursuance to a notice
to contest the establishment of a ditch
under the act above referred to, and par
ticipates in various hearings upon the Pc
titfon is chargeable with notice of any
step thereafter taken by the commits
sioners in the proceedings which they had
authority to take.
8. The statute referred to provides that
drainage bitches be established when
conducive to the public health, convent
ence or welfare. Lands may be benefit
ed by such a ditch if 1t drains contiguous
lands of offensive standing water injuri-
Gus thereto, otherwise promotes its
beneficial use. e7
All the Justices coneuFring:
A true copy.
Attest: D. A. VALENTINE,
(EeaLl Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-06-13
No. 6,&7.
E. ]. Pyle, Appellee,

E. ]. Pyle, Appellee,
The Western Union Telegraph Company,
Appellant.
Appeal from Finney County
AFFIRMED.
Syllabus. By the Court Mason J.
l. A clause in a lease authorizing the
tenant to sublet, and to make such a
lease as the sub-tenant may require, does
not authorize him to execute a contract
extending beyond the life of the original
lease.
2. Where by mutual agreement of the
parties lease is Cancelled before it's ex-
piration, and the lessor accepts from the
lessee an assignment of a suitcase pur-
porting to extend beyond the life of the
original lease, he does not thereby ratTy
the unauthorized portion thereof: nor Is
he precIuded- from demanding possession
of the premises at the end of the original
lease by the fact that in giving notice to
the occupant of its termination he speei-
fies date Slightly later than the actual
time. - - isEzx -
8. Under the statute (G. S. 1868, ch 55,
Gen. Stat. 1903. sec. 46SD providing that
when a tenant for onert or more years,
with the assent of the landlord, continues
to occupy the premises after the expira-
ton of the term, he shall be deemed a
tenant from year to year, such assent of
the landlord is not shown by the fact that
in notice of the termination of the
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-06-13
No. II, lie.
Adam Pfiester, Appellee,


Adam Pfiester, Appellee,
Missouri State Life Insurance Company,
Appellant
Appeal from Harvey County.
AFFIRMED.
Syllabus. BY the Court. Burch. J.
| /. An agent for a life insurance COM
pany whose authority is limited to nego-
tiating for, taking and transmitting az
the company is the agent of the company
and not of a person whom he soHcits to
take insurance. and for those purposes
he has all the power the company itself
possesses.
2. Agreements made between such an
agent and a person whom he Solicits 20
snail contain are in legal effect made
with the company and bind 1t as to the
contents of the application.
pare the application of person solicited
to insure so that it will accurately and
truthfully state the result of the negotia-
in legal effect the fault of the company.
| 4. If such an agent fail to write into
has made with the applicant respecting
knowledge Of the agreement is in legal
effect the knowledge of the company.
| S. If in the case stated in paragraph
the company accept and approve the ap-
| plication, receive and retain the initial
premium and issue the policy, a binding
| contract of insurance is effected accord
| ing to the agreement.
| s. In the case Just stated the company
cannot, in an action brought for the pur-
pose, successfully oppose the right of the
| insured. or of the beneficiary after the
| death of the insured. to have the con.
tract reformed according to the agree
ment. notwithstanding a provision in the
| application that statements not In writ.
ing shall not bind the company, and not
| withstanding a provision in the applica,
/ ton that the contract formed by the ap
plication and policy taken together car
/ be varied only by the president or secre
4 tary of the company in writing.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-06-13
No. 17,9S2.
The State of Kansas. Appellee,

No. II ,0S2.
The State of Kansas, Appellee
Gladys Johnson, Appellant
appeal from Saline County
AFFIRMED.
Syllabus. By the Court. Johnston c. J.
l. An information is not bad for dr-
plicity which charges the defendant with
enticing, decoying, taking and receiving
a female child under the age of eighteen
years into a certain house of i'll fame
and disorderly house for the purpose of
prostitution
2 One who does all 1.-The things men,
toned in one transaction commits only a
single offenSe and incurs but single pen
atty and it is proper to charge all con-
Junctively in a single count.
g. 1t is no defense that the defendant
did not know the age Of the girl or that
the girl represented herself to be more
than eighteen years old.
All the Justices conCurring.
A true copy.
Attest: D. A. VALENTINE
lSeal,l Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-06-13


No. 1886.
The Kansas CITY Southern Railway Com
pany, Appellant,
J. c. Termier ct al, Appellees.
Appeal from Wyandotte County.
ORDER REVERSED.
JUDGMENT MODIFIED.
Syllabus. By the Court. Benson, J
The mere fact that commissioners 10
laying out a right Of way for a railroad
had allowed certain item of damages
affords no evidence on the trial of APP
peal from their award that such damages
had in fact been sustained.
All the Justices concurrlng.
A true copy.
Attest: D. A. VALENTINE,
ISeal.1 Clerk Supreme Court.
No 1858
The Chicago Lumber & Coal Company,
VS..
John NJ. Swalley, ct al.
(John "A. Keeran, Appellant)
Nancy L. Curtis, Appellee.)
100. Appeal from Sheridan County.
AFFIRMED.
Syllabus. By the Court. Mason. j
!. Where the mortgagor of real estate
sells a part of the mOrtgaged tract, ana
the mortgage agrees with the buyer to
release this portion of the premises upon
the payment of the purchase price, the
agreement in effect constitutes an ap-
portionment of the mortgage debt, and
the neglect of the purchaser to pay a part
of the agreed amount will not leave the
property subject to the entire indebted
ness.
All the Justices concurring.
A true copy.
Attest: D. A VALENTINE,
ESeaL1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-06-13
No.. 16. 1886,
Thomas T. Kelly, Appellee,

NO.. 1895.
Thomas T. Kelly, Appellee,
The Board of County Commissioners of
Mani Miami County, Kansas, appellant dl;n1
= REVERSED. -..-,.
Syllabus. By the Court. Mason. J.
A candidate for a state office was
charged with misconduct as county Of
county commissioners to investigate the
question whether he was indebted to the
county, and if so in what. sum, and
agreed to accept their finding, at the
same time depositing sum to cover any
amount for which he might be found
liable. The commissioners made an in
debted to the county in excess of the de-
posit, and demanded that he pay the diff
| ference. He did SO because of his agree
ment. In an action brought by him to
recover the full amount paid, Held:
l. That the payment of the balance
claimed was in effect payment of the
whole amount, and having been made in
response to demand based upon claim
of right, could be recovered only upon
proof of mistake of fact, fraud, or duress.
2. That neither fraud nor mistake of
existed was in consequence of the plain
ttffs candidacy, and ceased with the cleo
ton; and even If originally an action
might have been brought for a recovery
of the money, it was incumbent upon the
plaintiff to disaffirm the payment with
reasonable promptness, and the limit of a
voluntary delay may be fixed at two
years, by analogy with the statute re-
quiring claims against a county to be
presented within that period.
B. That whatever right of action the
implied contract to restore the money, and
the three year statute of limitation APP
piled to it. s.-
All the Justices -concurrIng.
| Attest: D. A. VALENTINE,
tSeal.1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-06-13
No. 1922.
State of Kansas, Appellee.

No. II, 232
State of Kansas. Appellee.
vs.
James Reilly Appellant
Appeal from Pottawaton1ie County.
AFFIRMED.
Syllabus BY the Court. Smith. j.
1. Where an appellant relies upon an
alleged error of the court in refusing to
give a particular instruction, and only
the one instruction is presented to this
court for consideration error will not be
predicated upon the refusal to give such
instruction, especially where it is claimed
by the appellee that the substance of the
instruction was, in fact, given in other
instructions.
All the Justices concurring. ---
Mason, J., concurring specially.
A true copy.
: rSeal1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-06-13


George w. Sutherin, ct al, as Partners,
ETC., Appellees,
p o. Chesney. ct ux, Appellants,
and Will NJ. Randall, ct al, Appellees.
Appeal from Shawnee County.
AFFIRMETI.
Syllabus. BY the Court. Rurch, J.
l. In an action to foreclose a me-
chanics lien the petition was filed and
the cross positions of other lien holders
who were made defendants were filed
before the sixty-day period had elapsed in
which the owner is not liable to an ac-
ton. No summons was issued for the
defendant owner, who was nonresident,
and no attempt was made to procure SER
vice by publication. After the sixty-day
period had elapsed the owner voluntarily
appeared and answered. Held, that, as
to the owner, the action was commenced
at the date of the voluntary appearance,
and hence, that the suit was not pre-
maturely brought.
2. While the statutory power of a hus-
band to create mechanics lien upon his
wife's property (Civil Code, 649) does not
extend to binding her personally for the
price Of material furnished to him under
his own contract, she may constitute him
her agent in fact and in that capacity
he may create a personal liability on her
part as well lien upon her property.
All the Justices concuTring.
true copy.
Attest: d. A. VALENTINE.
tSeall Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-06-13

SPANISH LESSONS. Mrs. z. J. CaIlas
han.s-2u. East 9Th st. : -. s--.-, ~ ~ (,
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-06-13

NO. ITOSI.
The City of Chanute, a Municipal Cor
poration.
w E Davis, as Auditor of the State of
Kansas.
Original Proceeding in Mandamus.
. WRIT DENIED.
SYLLABUS BY the Court .Burch. j.
: AS a general rule unless the statutory
notice be given, a special city election au-
thorizing a bond issue is invalid; and in
this case it is held that publicity by
other methods is not sufficient to render
the failure to publish the prescribed
notice for the required time mere ir-
regularity.
All the Justices concurring.
A true copy.
Attest: d. A. VALENTINE.
(SeaD Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-06-13

No. ~I7,O76
The Hays Land & Investment Company,
Appellee,
George NJ. Bassett, J. B. Moore, Appel-
lant) ct al
Appeal from Sherman County.
AFFIRMED
Syllabus. BY the Court. Smith J
1. A cause of action upon contract
for the payment of money arises, within
the meaning of section q, of the civil
code Gen. Stat. 1909 sec. $50, at the
time of the maturity of the obligation
state or country where the obligor at the
time resides and may be summoned; it
arises, or accrues, within the meaning Of
that section. but once and at no other
time or place.
2 When cause Of action arises the
statute Of limitation of the state or coun-
try where the obligor resides Immediately
begins to run, and If in another state or
contract is not barred by Limitation in
this state by the provisions of said sec
ton q until and. unless the bar OF 1imita-
ton has fallen in such other state or
country.
g. Where a defendant in his answer, in
such action, pleads only the statute of
limitations of one state, he valves and
can not rely upon or prove the statute
| of another state as a par to the action.
| All the Justices concurring.
| Attest: ~ d. A VALENTINE.
| ISeal.1 Clerk Supreme Court.
| First published In the Topeka stats
Journals May q. 1s111
| THIRTY DAY NOTICES OF APPLIcA.
/ TON OF BUSINESS Colleges FOR
I STATE OF KANSAS
1 Topeka, Kansas, May 2s, 1911.
Notice is hereby given that the follow
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-06-13

NO. II ,lU5-
w. H. Guthrie, Appellee,
VS..
F. B. Field, ]. w. Rifle ct, al, Appel
lants -
Appeal from Finney County. ,-
REVERSED.
Syllabus. BY the Court. Mason, j..
j. Where the. owner of real estate ex-
ecutes and acknowledges a deed thereto,
leaving the name of the grantee blank.
and intrusts it to another with authority
to negotiate a sale of the land, fill in the
name of the buyer, and deliver the deed
upon certain conditions, and the holder
of the deed in violation of his instructions
delivers it to a third person, who fills in
his own name and records the deed, an
innocent purchaser of the property upon
the faith of the record acquires such a
right that his claim to title cannot be ad-
Judged void at the suit of the original
owner. without compensation being made
for what he has lost by the transaction.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
tSea1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-06-13
rt No. 17,150.
p William Fox, Appellee.

No. 11,150
William Fox, Appellee,
Archie Turner, Appellee, and the Kansas
Bitulithic Company, Appellant.
Appeal from Wyandotte County.
AFFIRMED.
Syllabus. By the Court. Mason, j.
1. A petition alleging that the defend
ant unlawfully carried away stone from
land owned by the plaintiff. and asking
treble damages therefor, sufficiently
states cause of action under the act
&c. 8. 1858, CHI 113, sec. 1; Gen. Stat. 1909
sec. $500 allowing treble damages against
one who carries away stone in which he
has no interest or right, from land which
is not his own. so that even after the
lapse of the period fixed by the statute
of limitations 1t may be amended to con-
form strictly to the language of that act.
2. Inc fact that the plaintiff did not
exercise diligence to discover and stop
the trespass' constitutes no ground of de-
fense.. or for the reduction of damages, in
an action under that statute.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
ISeaIJ Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-06-13
HOUSEHOLD GOODS.

Rugs made from old carpets: beautifue
effects. Prices $1.00 and ND. Carpets
cleaned. sewed, lad. Mccormick Osborn
Rug Factory 622 Van Buren,. =
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-06-13

TRANSFER AND STORAGE.
STORAGE and transfer, Merchantz
sTransfer Co.. Skinner & Gayhart. Phoa
us ahout storage packing or freishS e
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-06-13

First published In the Topeka stat
journal. May q. SILL
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-10-17
BUILDS LARGEST OF NESTS
Jungle Fowl OF Australia Constructs q
Substantial Mound About FN-
teen Feet High.

The jungle fowl OF Australia is the
bird that builds the largest and most
substantial OF all nests. 1t seeks out
secluded spot and then begins the
work that will keep 1t busy for a
stretch OF weeks, according to natural.
lists who have studied the bird of Aus
tralia. 1t gathers leaves, grass, twigs
and dozens of other materials, weay-
ing them together so skillfully as to
construct mound that is qualified 70
withstand any stress Of weather.
The bird tolls away until it's mound
is about Is feet high, the circumfer.
ence at the base being often $50 feet.
At the apex the nest is made, and
from this perch the bird is able to
see the approach Of any one of its Jun
gle foes in time to take defensive
measures.
The bush turkey Of Australia also
adopts similar methods in building
Its nest, although the foundation il
not SO large. Instead 81 making a
moundlike base, the turkey constructs
one In the shape OF pyramid. Natu-
ralists say that it takes the combined
strength of several men to move one
Of these big nests.