davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-12-12
D. A. VALENTINE,
Clerk Supreme Court.
No. II, 1923.
J, p. Sundgren, Appellant,

j. +. SundSren, Appellant,
John Stevens, Appellee.
Appeal from Saline county.
REVERSED.
Syllabus. BY the Court. West, J.
/. In an action for damages for assault
and battery the testimony showed that
the defendant, without legal justification,
struck plaintiff in the face causing some
injury to the nose and profuse bleeding
therefrom followed for over two months
by pain and clogging up of the nose. The
defendant admitted the assault and in
troduced no evidence. The court instruct
ed the jury that if they found that the
plaintiff had been unlawfully assaulted
and beaten they should allow reasonable
compensation. The jury found for the
plaintiff and assessed his damages at 81
so cents for physical pain and so cents for
insult and indignity. Held, that the YER
dict should be set aside for inadequacy-
2. While the jury are the exclusive
judges of the credibility of the witnesses
they are not authorized arbitrarily or
from Partially or caprice to disregard I'M
contradicted and unimpeached testimony
facts shown beyond question both by
testimony and by admission
Johnston, c. J., Smith, Porter, and Ben
son, J. J., concurring.
Mason and Murch. J. J., dissenting.
A true copy.
Attest: D. A. VALENTINE
ISeal-l Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-12-12

RESOLVED. That the mayor and board
of commissioners OF the city OF Topeka,
best interests Of said city that
that Fillmore street, from the south line
of Sixteenth street to the north line Of
Euclid avenue be graded, curbed with
combined curb and gutter and paved
twenty-eight (2s) feet wide with vitrified
paving blocks on concrete base with
asphalt filler
W. G. TANDY Commissioner.
I C. b. Burge, city clerk OF the City OF
Topeka, Kansas, do hereby certiIy that the
above and foregoing is a true and correct
copy of the original resolution now on file
40 rSasI1 c. B. BURGE
City Clerk.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-12-12

RESOLVED, That the mayor and board
of commissioners of the city OF Topeka,
Kansas, deem 1t necessary for the
best interests OF said city that
Monroe street, from the south line OF
Second street to the north line OF Third
street, be graded. curbed with combined
curb and gutter and paved thirty 600 feet
wide with vitrified paving blocks on con-
crete base with asphalt uller.
w. G. TANDY Commissioner.
l. 9. b. Burge, city clerk OF the city OF
Topeka, Kansas, do hereby certify that the
above and foregoing is "a true and correct
copy Of the original resolution now on flo
in my office.
lSeaLl c. -. BURGE
City Clerk
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-12-12
First published in The Topeka States
Journal December II, l911.1

PUBLICATION NOTICE
The regular annual meeting Of the stock
holders of the Pittsburg Building, Savings
and Loan Association will be held at the
OFFICE of said Association in the city of
Pittsburg, Crawford County. Kansas on
the 18th day OF January, A d. 1912, at one
O'Clock p, m, for the following purposes,
to-Wit:
First Receiving the reports of the Sec
rotary and Treasurer as to the condition
and business of the Association.
Second Doing all the things necessary
to provide for the transaction Of future
business of said Association under the
provisions Of Chapter rs of the Laws OF
1899, and amending the charter OF said
Association by extending the time OF its
duration from twenty-five to fifty years.
Third Transacting any other business
which may properly come before IL.
J. r. LINDBURG, President
Attest: T. p. WASKEY, Secretary
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-12-12
No. IT. 1888.
John Powell. PLAINTIFF,

No. II, sSs
John Powell. Plaintiff,
n r. Bradley. Clerk of the District Court
Of Linn County, Defendant
Original Proceeding in Mandamus.
Syllabus. BY the Court. Porter. J.
l. Mandamus win lie to compel clerk
of the district court to issue an execution
which no appeal has been taken notwith-
standing the filing and approval OF
supersedeas bond.
3 A supersedeas bond is an essential
part of an appeal. where It is sought to
stay execution pending appeal. the mere
filing and approval OF such pond Where
there has been no service of notice OF ap-
peal will not operate to stay execution
upon the Judgment.
8. The tendency of motion for new
trial in the action wherein the Judgment
has been rendered Will not operate to stay
All the justices concurring-
Attest: ID. A VA14EN lin f.
TSeaLl Clerk Supreme Court
No. 17,272
Edward Saunders and Bert saunders
Appellants,
Atchison. Topeka & santa Fe Railway
Company, Appellee
Appeal from Johnson county
AFFIRMED.
Syllabus BY the Court. Benson, j.
l. Where a party does not present ques-
lions of fact to be submitted to jury
he may, If he chooses, adopt as his own
questions submitted by the adverse party
and join in the request that they be an
swered but it is too late to insist upon
this privilege after a general verdict
against him has been received, and the
questions SO submitted by the other party
have been returned unanswered
2 Special questions presented by the
defendant written under the caption:
ssINTERROGATORIE PROPOUNDED
BY THE DEFENDANT TO BE An
SWERED IN CASE THE VERDICT IS
FOR THE PLAINTIFFS "
were sumhitted to the jury and returned
unanswered, the verdict being for the de-
PENDANT 1t Is held that the submission
Or the questions in this form was not an
indueement to the jury to find for the de-
PENDANT affording grounds for setting
aside the verdict
g. The answers of an expert witness
concerning the distance to which sparks
could be thrown from certain type Of To-
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-12-12
D. A. VALENTINE,
Clerk Supreme Court.
TSeaI.1
No II, 314.
NJ. A. Duncan, Appellee,

The Atchison, Topeka & Santa Fe Rail-
way Company, Appellant
Appeal from Sumner county.
REVERSED.
Syllabus. By the Court West, j.
/ A bridge where d brakeman lost his
life was so described and photographed
character and condition. Railway en-
ployees were permitted over objection to
give their opinions as to such bridge
being a safe place to work Held error,
as the jury could not from such opinions
have received any assistance In arriving
at a proper conclusion
which side of freight train it was proper
for brakeman to aIght IN order to give
signals were properly recetved-this being
a question calling for special knowledge
or experience.
8. A printed rule of the railway COM
pany requiring brakemen to be on top Of
the train when approaching and passing
stations was shown to have been habit
1lalIv violated with knowledge of those
whose duty 1t was to report such viola
tons Held, that the jury were justified
in finding that such rule was waived by
The mere use on the cab OF an engine
of a stirrup of the kind used on box cars,
instead of the standard step generally
used on such engines, does not or itself
show negligence as a matter or law TO
render It's use negligent such stirrup must
in some way be shown to be unsafe
when circumstances are relied on to
show negligence they must be Of such
Significance and relation one to another
can be founded thereon and while reason
able differences may be drawn from the
cts and conditions shown they e@anot
~ drawn from facts or conditions merely
Imagined or assumed
All the Justices concurr1ng.
A true copy. -
Attest: y A Y ALE44N ~ ~ =,
ISeaL1 Clerk supreme CouA l.
No. II. s31.
The First National Bank of Pittsburgs
Pa, Appellee,
7 w Lawrence (ElIa L. Jawrence),
Appellant.
AppeaI from Finney county.
AFFIRMED.
Sx-l1a b41s BY the Court Burch, ]
Under the facts of this case 1t is held
that a deed of real estate is void under
the statute of frauds and perjurfes Gen.
stat 1900, Sec. $3.50 because 1T was in
tended to hinder and defraud an existing
creditor of the gTantor-
All the Justices concurring-
A true copy
Attest: ~. a NALF+1N1 IN e
TSeaI1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-12-12
First published in The Topeka State
Journal December u. 19ll.l

RESOLVED, That the Mayor and Board
of Commissioners of the city Of Topeka.
Kansas, deem it necessary for the
best interests of said city that
Fourteenth street from the west line of
Quincy street to the east line of Kansas
avenue, be graded, curbed with combined
curb and gutter and paved thirty 800 feet
wide with vitrified paving blocks on con-
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-12-12
d. A. VALENTINE,
Clerk Supreme Court.
No 1775A
No. II, 754.
The State of Kansas, ex rel. w. r,
Stubs. Governor, Plaintiff,

No. II, 754.
The State of Kansas, rel, w. r.
Stubs. Governor, Plaintiff,
John s. Dawson, Acknowledgement.
Defendant
Proceedings in Mandamus.
Demurrer to Answer Sustained
Syllabus. BY the Court. Benson, j.
L The provision of article of the conStt-
tuition which vests the supreme executive
power in the governor implies that the
governor is the highest in authority in
the executive department with such
power as Will secure a faithful execution
of the laws in the manner, and by the
methods, prescribed by the constitution
and statutes enacted in harmony with
that instrument
2. The statute making it the duty of the
attorney general when required by the
governor to appear for the state and pros
ecute in any court or before any officer,
in any cause or matter, civil or criminal,
in which the state may be party or in
tereSted, is mandatory
8. \ proceeding for the examination of
witnesses under the provisions OF the pro-
hibftory law (Gen. Stat. 1909, Sec. 1866 is
q matter before an officer in which the
state is interested and when required by
the governor the encouragement has no
discretion to refuse to prosecute in sucn
proceeding
L. In such a proceeding as that referred
to in the above paragraph and in the sit
uation shown by the facts in this case, It
name the witness to be subpoeneo ana ex-
amined-
Johnston, C. j., buren, j., ana oInlln,
T., concurring-
Porter J.. and West. J., dissenting.
A true copy
Attest D. A. VALENTINE,
TSeal7 Clerk Supreme Court
No II, 1856.
In re appeal of G. J. Anderson from the
report of Hudson Harlan, County Sur
veyor of Trego County, Kansas, Appel
ant.
T. C. Roberts Appellee.
Appeal from Trego county
AFFIRMED.
Syllabus. BY the Court Mason, j.
Under a statute requiring a county sur
veyor to make a written report of sur
vey and file it in his office, and allowing
an appeal therefrom to be taken within
thirty days from the time the report Is
filed, such report, to any person hav-
ing knowledge of the facts, Is deemed 70
be filed from the time it is completed.
dated. certified to be correct and signed
by the surveyor, and placed among the
reports of a similar nature IN his oIflce,
subject to public inspection, although at
the request of the attorney for such per
son he ornits at that time to endorse 1t as
filed, and afterwards places an endorse
ment upon it indicating that it was filed
a few days later.
All the Justices concurring.
A true copy. .
Attest. D. A. VALENTINE.
TSeaIl Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-12-12
No. 1877
Carrie Shepard. Appellee.


Hendersch Carter, ct al, and Belle Over
ton, whose real name Is Belle Carter.
Appellants, and Hattie Garter, Appellee
appeal from Leavenworth county
~ AFFIRMED.
fSyllabus By the Court Johnston. C. J.
Appellant and intestate were married
but never lived together The intestate
left the state declaring ne would obtain a
divorce and returned two years later say
ing one had been obtained. Appellant.
actins on the belief that a divorce had
been granted, married another and child
rem were born of this barr1age- Later, in
testate obtained a license and formally
married another and lived with her about
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-12-12

TFlrst published in The Topeka State
Journal December u. 191-l
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-12-12
No. IT, 320
Inc Geo H.. Paul Company, corpora
ton, Appellant,


Inc Geo. H.. Paul Company, a corpora
ton, Appellant
T. w Shaw, Appellee.
Appeal from Sedgwick county
REVERSED AND RRNIANDED.
Syllabus. By the Court. Mason, J.
l. Where a contract has been made for
the sale of real property and it's convey
ance by warranty deed, the purchaser
ordinarily has right to insist that such
deed shall be executed by the person with
whom he contracted.
z. Where a vendor, as a performance
on his part of contract for the convey
ance of real property, tenders a warranty
deed from another person, the vendee. in
order to avoid the effect of the tender on
the ground that the deed does not include
the warranty of the person with whom he
contracted, must make that specific OBJ
lection, and allow a reasonable oppor-
tunity for it to be met.
3. In an action by the vendor for the
specific performance of a contract for the
sale of real property, an allegation in the
answer that the plaintiff has never ten
dered a deed executed by himself, is met
by allegations in the reply that no pre-
v1ous objection had been made upon that
ground to the deed which he had ten
dered, and that he had at all times been
and was still, able and willing to furnish
such deed.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
ISeaLl Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-12-12

First published in The Topeka state
Journal December ". lalll
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-12-12
No. l7.27o.


II =. Ldvermore and J. O. Nichols. Ad
Illustrator of the estate or M. &. Miller.
deceased, Appellees,
Oscar 0. Ayres, Appellant.
Appeal from Johnson county.
AFFIRMED.
syllabus By the Court Porter T
4. whether person appointed admin
taLiator OF an estate is a resident of the
s - ~ a question of fact to be deterrnin-
ga by the court appointing him and IFS
ally. lily es'9iieei coiial ter
Z, The statute declares that no person
~Ho = a nonresident shall be appointed
administrator of an estate 1csap Sat
deeS, ch- 81, Sec g. Gen Stat. 1909. Sec.
80 1,oo{ put where facts exist which give the
PtoDate court Jurisdiction to appoint some
person administrator it will not lose jlris-
ulcIon Dy appointing one who is non
roneous but not void
p mere 1t is sought to show authority
~ ~ the general manager of milling com
p1uy 70 execute the pronissory note of
Inc company, evidence of the custom of
the company to execute its notes In that
way and that the same officer had exc
eutea similar notes in the name of the
company before and after the execution
Oh the note In question, and that the COM
pany had ratified such acts, is competent
= co-surety sued for contribution set
W as deIenSe that the bank, payee of
the note, had extended the time OF paw
ment without his knowledge or consent.
he oHered no proof of any such extension
- <HPGdISd lndI the note was not
Iuily paid until four years after maturity
InlS court declines to take judicial notice
or the alleged custom of hanks to require
renewal of notes not paid promptly at
maturity and to presume that the time of
payment of the note in question was ex-
tended by a valid contract upon a suffi-
Gent consideration.
5. Where appellants abstract sets forth
only such portion of the evidence as are
necessary to present the questions raised
by the appeal a statement therein that
there was no evidence 4pon a question
which it appears is not raised by the APP
peal Is not a challenge requiring the APP
pellee to file a counter abstract or show
ing within the rule declared in Railway
Co. " Conlon, N Kan. 324, 80 Pac. 49,
All the Justices concurl1ng.
A true copy.
Attest: d. A. VALENTINE
LSeal.l Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-12-12

First published in The Topeka State
Journal December Il, 19ll-l
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-12-12
d. A. VALENTINE,
Clerk Supreme Court.
No. 1882.
w. E. futile, ct al, Appellants,
VS..

No. H. 1862.
w. E. futile, ct al, Appellants,
Missouri Pacific Railway Company,
Appellees.
Appeal from Greenwood county
REVERSED.
Syllabus. By the Court. Porter J..
l. In an action against a railway COM
pany for damages by fire alleged to have
been caused by the operation of the road
proof of other fires along the right of way
occurring at or near the same time under
; similar conditions is competent cir
cun1st ance tending to show not only that
the railway company was negligent in the
operation of its road. but also tending
to show that the fire complained of was
caused in the manner alleged.
2 In a case like the one mentioned it
is error to instruct the jury that "evi-
dence on the part of the defendant that
its engine and appliances We're In perfect
condition and that the engine was
handled in a careful and skillful manner
by a competent engineer and fireman
oyercomes the prima facie" evidence of
the plaintiffs, and that lin order to en-
title the plaintiff to recover he must show
by affirmative evidence to your satsfac-
ton that the defendant was negligent
All the Justices concurring.
Attest. D. A. VALENTINE,
ESeaLJ Clerk Supreme Court.
No. Il. 300
Johanna Nordman, Appellee,
VS..
Jacob Rau ct al. IS. A. Webb. Appellant.
Appeal from Rush county.
REVERSED AND RENAMED.
Syllabus. BY the Court. Mason, J.
A conveyance which has not been ack-
nowledged or proved SO as to be entitled
to record but which has in fact been
corded in the office Of the register of
deeds, IS void as te one who subsequently
buys the land with actual knowledge of
the contents of the record, if he is other
wise an innocent purchaser for value.
Johnston, c. J., Burch, Smith. Benson,
West, J. J., eoncurring.
Mason and Porter, J. J.. dissenting.
A true copy.
Attest D. A. VALENTINE,
CSeal.J Clerk Supreme Court.
~ 1c oeA
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-12-12

First published in The Topeka state
Journal December i, 19Ll
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-12-12

D. A. VALENTINE.
Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-12-12
No II, 29s.
Hugh Griffith. Appellant,

No II, 293.
Hugh Griffith. Appellant,
VS..
]. #. Carrothers, j. L. Carrothers and W.
H. Carrothers, Appellees-
Appeal from Sumner county.
AFFIRMED.
Syllabus. BY the Court. Johnston. c. j.
i. In settling a controversy between
owners Of adjoining lands as to their
nights in a partition fence, and where one
of them has voluntarily built the whole
Of the fence, the fence viewers are au-
thorized to assign to each certain one
half of the fence. which he will be re-
ouired to maintain, and TO ascertain the
value Of the part assigned to the deliquent
owner and for which he will be required
to pay but in making such award the
viewers may not consider or include any
thing in excess of its value as a fence. of
construction from material and of the
height size and character of a legal fence,
Allowing nothing more than is reasonably
necessary in material and workmanship
"a make it appropriate to the purpose for
which 1t is designed
2 II he has built an extravagentIy or
na1llentaI or needlessly expensive fence
or has put in it more than is necessary to
make it a legal and practical fence for the
turning of stock, the cost of such excess
can not be recovered from the owner.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-12-12
No II, 264.
Charles E. Gibson. Appellant,

No Il, 264.
Charles E. Gibson. Appellant,
Ella NJ. Jackson ct al, Appellees.
Appeal from Shawnee county.
AFFIRMED.
Syllabus. By the Court. West, ].
A tax deed of record more than five
years correctly stated the separate pay
nents made at the tax sale for each of
the lots included. also the correct aggre-
gate thereof. The subsequent payments
on account of each lot were also correctly
stated, the total of which correctly added
would be 1921. 35. The granting clause re-
cited that for and in consideration of
urer paid as aforesaid the conveyance
was made Held. that the understate-
ment of the aggregate should be regarded
as a clerical error and was controlled by
the previous statements and recttalss and
did not avoid the deed
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
TSeal1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-12-12

JUMPS and spcuting fixed. new pumps,
etc. See FOUGHT Hardware
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-12-12

NasnOuru LlueI Olha wall deliver
sweet cider Monday, Wednesday, Friday
and Saturday. Ind. phone zSl5 Black
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-12-12

y. A. VALENTINE,
Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-12-12
Published in The Topeka State Journal
December IL, 1911l
No. 1873.
H Roach, Appellant,

d. A. VALENTINE,
Clerk Supreme Court.
Perth Amboy evening news. [volume] (Perth Amboy, N.J.) 1903-1959, 1911-11-21
ROYAL FAMILY
Is IN DISGRACE
Mother of Chinese Baby En-
peror Has Eloped With an
Actor, Report Says.
HAS FLED FROM PEklN
Rebels Continue to Gain
Throughout the Empire and
Massacres Are Reported.

San Francisco, Nov n. Princess Lai,
mother of the baby emperor of China
and wife of the prince regent, has
eloped with an actor, Yung Shu Lu, ac-
cording to Chinese newspapers re
ceived here. A number OF newspapers
published In China refer to the dis
grace that has come TO the royal fam
NY" but only one, the Min Lu Pc, the
largest newspaper published In China,
gives tho princess name and an ac-
count of the elopement.
While some Of them do not mention
the princess by name, they aliude to
her a. the wife Of the first noble Of
the empire The Min Lu Pc, the big
gest native newspaper In China, pub
lished at Shanghai, however. gives her
name In full, together with tbA circum-
stances OF the elopement.
1t appears that the mother of the EN-
peror saw the handsome young Chi
nese actor during a performance in
the Forbidden City" given by impe-
rial mandate. she fell in love with
him, and clandestine correspondence
carried on through trusted eunuchs of
the palace followed.
When the revolution broke out ths
princess, apparently deeming the Man
chu cause to be lost, stole from the
palace, Joined her affinity and aed with
him to Mukden. where they now are.
Perth Amboy evening news. [volume] (Perth Amboy, N.J.) 1903-1959, 1911-11-21
SUN YAT SEN IN LONDON.
Chinese Refermer's Visit Secret Until
After Departure.

After Departure.
London, Nov. 21 DR.. Sun Vat Sen
the Chinese reformer, and General
Homer Lea, the American who has
been mentioned as the coming military
ruler of the revolutionary government
In China, are EN- route for Marseilles
after stay OF about ten days in the
British capital 1t Is understood that
the two will take a German stea mship
for Hongkong,
While here both sun Vat Sen and
General Lea did iLeir utmost 10 keen
theff presence secret. A few friends
were let into the secret, but they made
no mention of the matter until the men
were gone.
While here, 1t is understood, Sun Vat
Sen interviewed many men prominent
IN military and naval affairs, especially
persons interested In shipbuilding and
finance. Negotiations are thought to
have been entered into with firms with
reference to improvements which the
revolutionists propose to make In Chi
ma when their government is placed
upon its feet, II things go as they ex-
pect.
Every day during his stay here Sun
Vat Sen exchanged long kilograms
with the revolutionary leaders In Chi
ma. Those who saw Sun Yat Sen say
he spoke in the most hopeful terms OF
the future of China.