davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-04-09
No. 1853
Ida Guy ct al, Apostles,

No. 1853
Ida Guy ct al, Appellees,
VS..
Charles It. Hansow, ct al, Appellants.
Appeal from Neosho County.
AFFIRMED.
Syllabus BY the Court. Bureh J.
Under the facts stated in the opinion it
is held that a guardians sale of her in
FAINT wards interest in real estate may be
specifically enforced at the suit of the
infants brought by them through their
guardian and next friend, that the title of
the purchaser will be good. and that by
virtue of the decree of specific perform
ance all doubt respecting the market
ability of the title will be removed.
All the Justices concurring.
A true copy.
Attest: d. A. VALENTINE
LSealI Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-04-09
No. 1851.
d. T. Brooks, Appellee,

No. 1851
d. T. Brooks, Appellee,
linda b Brooks, Executrix. Appellant.
Appeal from Linn County.
REVERSED.
Syllabus. BY the Court. Benson, J.
l. In action involving the settlement
of mutual accounts, where an entire
counter claim is disallowed, although
a large part of it was supported
by uncontroverted competent evidence,
and the plaintiffs account was al
lowed for the full amount testi-
fled to by him less only a nominal
sum. although substantial credit had
been endorsed upon it. it is held that the
jury must have inexperienced the evil
dence and that the court should proceed
to state and settle the accounts after
hearing any additional evidence deemed
necessary concerning any item or items
and render a proper judgment thereon.
2 A jury is not required in the further
proceedings directed in the above para
graph.
All the Justices concurr1ng.
A true copy.
ISeaII D. A. ,yAI ,ENTINE,
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-04-09
No. 1883.
Mary NJ. Whitlaw, Appellant.

No 1885,
Mary NJ. Whitlaw, Appellant,
The Illinois Life Insurance Company,
Appellee.
Appeal from wandotte County. Court of
Common Pleas
EVERSED.
SYLLABUS. BY the Court. Benson j..
l. An order overruling a motion to
strike out parts of answer which does
NOT involve the merits nor determine the
action is not appealable and can only be
reviewed in this court after final judg-
ment in the action
2 An order striking out parts of re-
ply containing new matter pleaded in de-
Tense of new matter contained in the
answer, and which involves the merits
of the action, and precludes the defense
SO pleaded, is appealable,s and may be re-
viewed in this court before judgment in
the action
All the Justices concurring.
A true copy.
Attest: D. A NAl>E-ES I'M
TSeal1 Clerk Supreme Court
No. 1855.
Milton E. Bailey ct al. Appellants,
VS..
John Kelly, Appellee.
Appeal from Cloud County.
REVERSED.
Syllabus BY the Court. Porter. ].
l. Where a nuisance dangerous to life
is created by the owner on his premises
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-04-09

No. 1855
Frank G. Ward, Appellant
VS..
The City of Norton, Appellee.
Appeal from Norton County
AFFIRMED
syllabus By the Court. Smith J.
A gasoline engine, used in connection
with machinery consisting of belts puIIevs
and cog wheels, to pump water through
pipes to supply the inhabitants of a city,
is not a manufacturing establishments
or mill within the meaning of these
terms in section 4,6S2, Gen. Stat 1909
curing.
Porter, j., Johnston. C. j., and Burch.
J., dissenting.
A true copy.
Attest: d. A VALENTINE
tSeaL] Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-04-09
LEGAL

not been shown. The magistrate then
postponed the hearing and took the mo-
tlon under adviSement for twenty-four
hours and when that time arrived and
the defendant did not appear the magis-
trate decided that an offense had been
committed and that there was probable
cause to believe defendant guilty of the
for trial The bond was given and at a
trial In the district court, where he was
convicted, defendant contended that ne
had not had a preliminary examination
because he was not present when the or
der was made and that he had not been
behalf. Held. that the examination, in
which all of the testimony of the prose-
cution was offered, afforded the defendant
reasonable notice of the nature of the Of
Tense charged against him and fairly ac-
complished the purpose of a preliminary
examination and, further. that he could
not defeat the proceeding by neglectinS
time to which the adjournment was taken.
? The uniting of a charge of felony
with another of the same general charac-
ter which constitutes a unisdemeanor is
not ground for the reversal of a Judgment
of conviction where no motion to quash
the information was filed nor any attack
made the information on the ground
obtained.
5. When an offense, as defined by
statute may be committed in several
ways, the information may, in a single
count, charge its commission in any or
all of the ways which are not repugnant
to each other.
All the Justices concurTing.
Attest; D. A. VALENTINE,
lSeal.I Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-04-09
EGAL

or through his gross negligence is suffer
ed to remain there. he cannot by leasing
the property to another, avoid his own
liability to any person who is rightfully
upon the premises and who, without fault,
is injured by reason of such nuisance;
and this liability extends to a servant
of the tenant Notwithstanding the tenant,
by reason of his own fault or neglect or
knowledge of the danger, could not have
maintained an action against the owner
for any injury suffered by himself.
2. In such a case 1t is for the jury to
determine whether or not the owner knew
of the dangerous condition of the premises
at the time of the letting, or in time to
have abated the nuisance before the
injury occurred, or should have known it
by the exercise of ordinary care.
Ali the Justices concurrlng.
true copy.
Attest: d. A. VALENTINE,
[SeaL1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-04-09
K. B. Schermerhorn, Appellant
Appeal from Cherokee County.
No. 1871.
E Altman, ct al, ApDellees,

The Phillips County Bank, a Corporation,
Appellant.
Appeal from Phillips County,
AFFIRMED.
Syllabus. BY the Court Johnston, c. ].
/. An owner. whose property has been
converted to the use of another, may
waive the tort and bring his action on the
implied contract for the value of the
property taken and the averments of the
petition herein are held to indicate d
waiver of the tort by the plaintiffs.
While the presentation of check is
the usual method by which a customer
demands the payment of money deposited
in a bank, formal demand is not essential
to recovery where the payment is re-
fused on other grounds and the bank de-
MES that it holds any of the depositor' s
money or that it is indebted to him.
All the Justices concurring.
A true COPY.
Attest: D. A. VALENTINE,
TSeall Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-04-09
No. 1859.
WILEY. AppeH

n. c. Wiley, Appellant,
VS..
Laura D. Miller, Administrators. Appellee.
Appeal from Finney County.
AFFIRMED.
Syllabus. By the Court West, J.
A real estate agent who undertakes to
sell a farm for certain price net to the
owner and contracts a sale which If car
ried out would bring him a large COM
mission over such net price and receives
as earnest money a sum which under the
terms of his contract with purchaser is
at the option of the vendor to be forfeited
for non compliance, and who retains the
earnest money-the purchaser, having
failed to PERFORMS liable to the owner
of the land as an agent having money in
his hands belonging to his principal, al
though the agency was evidenced by no
written contract memorandum.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
[SeaL1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-04-09
No. 1854.
Carrie Sarbach. Appellee,

No. 1854.
Carrie Sarbach. Appellee,
vs.
Max Sarbach, ct al AppeIIees and The
Fidelity and Deposit Company of Mary
land, Appellant.
Appeal from Jackson County.
AFFIRMED.
Syllabus. BY the Court. West. J.
I. Section 800 of the Civil Code is to
be strictly construed
2 An Administrative of the estate of a
deceased partner petitioned the court for
directions whether to treat her decd
entS real estate as individual or partner
snip property, making various creditors
and persons parties including the brother
and surviving partner of the deceased
She called a witness in her behalf this
brother who testified to transactions and
communications had personally by him
with the deceased, over the objection of
the appealing creditor. Held, that even
own behalf on account of his interest in
the matter, still as neither he nor the
creditor is within the terms of the statute
the latter could not exclude the evidence.
j. In a case tried by the court a decree
Well supported by competent evidence will
not be reversed on account of the adnis-
sion OF certain incompetent evidence not
apparently or presumptively such as to
have induced or influenced the decision.
4. Real estate may be shown to have
been devoted to partnership purposes and
to have become partnership property
without any writing or memorandum un-
der the statute of frauds.
All the Justices cOncurrfng.
Attest: D. A VALENTINE,
lSeaLJ Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-04-09
D. A. VALENTINE,
Clerk Supreme Court.

No. 1850.
The Commonwealth Trust Company,
Trustee, Appellant,
The Cockerill Zinc Company.
The Gas City Drilling Company, ct al,
Interpleaders.
Appeal from Allen County.
AFFIRMED.
Syllabus. BY the Court. Porter, J.
L While the power of the court in fore
closure cases to create preferential liens
upon the mortgaged property n
favor of persons who have furnished la
Dor material for its betterment OF
property of corporations or concerns IN
the business of which the public has an
interest. nevertheless, where possession Of
mortgaged property of a corporation in a
business In which the public has no in
terest is upon default surrendered by the
mortgagor to the mortgagee, and the lat
ter, while in possession and before the
final decree employs labor and purchases
supplies which are used to improve and
preserve the property and to increase it's
value as security, it is proper for the
court to make the claims for such labor
and material liens paramount to the lien
of the mortgage.
the trial court to permit persons claiming
an interest in mortgaged property to file
interpleas after Judgment of foreclosure
has been entered and before the final dis
position of the cause.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
ISeaLl Clerk Supreme Court
No. 1857.
George L. Trader, Appellant,
VS..
School District No. 70, F'inney County,
Appellee.
Appeal from Finney County.
DISMISSED.
Syllabus. By the Court. West, J.
A judgment in an action for the recov-
cry of money only. involving $685. is not
one from which an appeal be taken
to this court.
All the Justices concurring.
A true copy.
Attest: D. a. VALENTINE.
LSeaL1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-04-09

The Sea Has a Hundred Moods.
Cadman-Mrs. Nicholas.
Standardization Ladies' Quar-
tet.
Reading, In the Heat of Battle
Miss Roudebush.
Solo, selected-AIiss McAfee.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-04-09

No. 1888
George NJ. Townsend, Appellant,
VS..
The Missouri Pacific Railway Company,
Appellee.
Appeal from Phillips County.
MOTION TO STRIKE DENIED.
Under irneT7' section $50 of the Civil Code a
notice of appeal which recites that
THE plaintiff appeals from the judg
costs in said suit is sufficient to enable
the appellant to have reviewed all errone-
Gus orders in the case If otherwise prop
erly renewable, the object of the section
being to simplify appeals by elimination
unnecessary formalities.
All the Justices concurring.
A true copy.
Attest. d. A VALENTINE,
LSeaL1 Clerk Supreme Court.
No 1so67.
The City of Emporia and William Way
man, Treasurer of the City OF Emporia,
Plaintiffs,
w. r. Griffith. County Treasurer and the
Board of County Commissioners of the
County of Lyon, Defendants.
Original Proceedings in Mandamus.
WRIT DENIED.
Syllabus. By the Court. Johnston, c. J.
The fund derived from levy on the
taxable property of a county for the con-
struction and maintenance of a county
road as provided for in section 50 of
chapter 24S of the laws of 1911. is to be ex-
pended by and under the direction of the
county commissioners and the approval
of the county engineer. The officers of q
city within such county are not entitled
to the possession of much of the fund
as is derived from the levy on property in
the city nor have they any control of the
expenditure of the fund.
All the Justices concurring.
A true copy.
Attest: d. A. VALENTINE,
ISeaL] Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-04-09
MISCELLANEOUS.

CEMENT CONTRACTING, sidewalks and
cellar floors. Mongold & Jackson. Ind.
2751 Black. 320-420 Saywell.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-04-09

D. A. VALENTINE,
Click Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-04-09
EUROPEAN TOURS

10 countries, 9Th year. Send for timer.
aries. Western Bureau of Travel, Topeka
Kansas.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-04-09

CARPETS. draperies. mattresses and up
holstered furniture. cleaned by the Dunt-
ley electric vacuum machine. Call Ind.
phone 1884, John Nimo-
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-04-09

No. ll5Zf.
Charles L. Rains. George Rains. James
b Rauch w. E. Griggsby, George
Braun. George Elliott, and Herman
Weller. doing business as partners as
The Mineral King Mining Company.
Appellees,
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-04-09

D. A. VALENTINE,
Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-04-09

d. A. VALENTINE,
Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-04-09

PHYSICIANS and SURGEONS.
T. B. ARMSTRONG, NJ. D. OFFICE. both
phones 5s5. Res. BOAT Bell
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1912-06-13
LOCAL NINE TO
PLAY IN HILO

The proposed visit of two of Homo
lulus crack baseball teams to other
islands in order to participate in
Fourth of July celebrations, appears
to have been nipped in the bud.
The Stars were to have tourneyed to
Maui but the Valley Islanders have
withdrawn their invitation on account
of the fact that there are too many
malihinis among the team instead Of
the good old kamaaina players whose
pi esence they covet.
AS things stand at present that
good sportsman, Charles F. Chilling
worth, may step into the breach and
take to Maui nine with which the
fastidious islanders cannot fail to be
satisfied.
The Portuguese team were count
ing on making a visit to Kauai but
this project has been declared off on
account Of the Kauaians being un.
able to see their way clear to enter
tain the boys this year.
That an All-Honolulu nine will visit
Hilo on the Fourth under the man.
agement of Henry Chillingworth is
practically a certainty.
1t was remarked in a local paper
that at is rather thought that the
Hiloites will come through all right
enough"
There is no doubt at all about the
Hjlo people coming through" That
has already been attended to and sat
isfactory financial arrangements have
been completed.
The team to go to Hilo will be a
strong one and will travel with the
championship soccer team Of the Nc
Kinley High School and the two or
CARNATIONS will do their best to bring
back to Honolulu two inter-islanl
championships.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1912-06-13
HOW HALEIWA
AWARDS WENT

At a meeting held last night in the
office of G. F. Chillingworth the prizes
for the Haleiwa events were appor-
toned as follows
Marathon race: First prize, John
Hau, who won the Honolulu Brewery
cup, the ten-dollar merchandise order
offered by Jack Scully, six dozen
Hires root beer and five dollars
worth of Sanitary Steam Laundry
work. Second prize, Eddie Brown,
Hawaiian enameled cuff buttons and
pin, five-dollar pair of shoes, seven
dollar Panama hat and a three-dollar
mci chandise order. Third prize, Mele
Kalama, silver watch offered by I.
Rubenstein. leather suitcase offered
by Archie Robertson and dozen cab
met photos by the City Photo Com
pany. gIMFSy
Senior bicycle race First prize,
Henry X, Plemer, Scully cup, five
dollar pair of shoes and six months
subscription to The Advertiser. Sec
ond prize, T. Himas, Hawaiian enam-
eled cuff buttons and pin, five-dollar
order on Silvas Toggery and six
dozen mixed soda, Third, Benjamin
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1912-06-13
Boxing Happenings
In Land Of The
Southern Cross

THE season has been particularly
good for all the boys, especially jim
my Clabby. Jimmy can draw good
money here, against any one, for years
TO come, for he has made himself a
big favorite. He is surely a wonder,
when you consider that one week he
will fight at 14S pounds and the next
week is ready to meet men like Jack
Lester and Jack Howard, weighing
ITO pounds.
I'VE are putting a roof on the big
stadium and expect to have it ready
within a short time. 1t will cost about
$4,000, but when finished will give us
tho finest boxing arena in the world.
am also building two large gymna-
Sums under the stadium proper,
and when these are completed they
will form the finest training quarters
for athletes anywhere. l am also
putting in Turkish baths for the use
Of athletes and members. In the fu-
ture it will not be necessary for the
fighters to go away to train; they
can get the very best accommodations
right here.
my plans are maturing for a big
tournament next season, for light
weights, and I trust you will be able
TO get some good boys in the light
weight division to come over here.
If my plans do not miscarry, 1t will
be the biggest tournament for light
ers in that division ever held in the
world, and there should be good
money in it for all of them. I am
after only the best of the 1913 pound
ers, and Michigan will be back here
to meet all Corners"
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1912-06-13
MANY TENNIS
GAMES TO-DAY

Play in the Beretania Tennis Clubs
invitation tournament which starts to.
day will be as follows:
1880 o'clock-R. Sinclair Of the
Beretania Club, Class A, plays e. C.
Schenkel of the Colonial Club, Class
b.
4;00-Lieutenant Pratt of Fort Ru-
ger Glass B, plays T, P, W. Gray of
the Beretania Club, Class c.
5:OO-K. B. Barnes of the Bereta-
mia Club, Glass B, will play c. T. Lit
tlejohn Of the Donna, Glass b.
4;3O-T. Richards of the Beretania
Club, Glass B, will play G. Irvine OF
the Manoa Club, Glass b.
4OO-C. w. Hoogs of the Beretania
Club, Glass b, will play n H. Courte-
nay of the Colonial Club, Glass C.
5:00-R. b. Booth Of the Beretania
Club, Glass B, will play w. f. Horner
of the Neighborhood Club, Glass c.
500. r, Guard Of the Beretania
Continued on Page Severn
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1912-06-13
SOLICITORS WANTED.

At once for complete authentic
story of THE Destruction of the
Steamship Titanic" with personal &C
counts of heroic self-sacrifice, marvel
Gus escapes, terrible suffering, pro-
fusely illustrated The greatest sea
disaster in history. This book is
having a tremendous sale. A chance
of life time to make money quick.
Agents clearing easily s. to $40 per
day Be first in the field so per
cent commission. Double your money
on every sale. Outfit free. Send 10
cents in currency to cover cost of
mailing Universal Supply Co., 80 w.
Lake st., Chicago, ILL.,, U. S. A.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1912-06-13
New Cricket Eleven
Likely to Put the
Sport On its Feet

Last Saturday, for the first time in
the local history of the grand old
lame of cricket, an institution, to wit,
the Honolulu School for Boys, put an
eleven in the field, and not only this,
but soundly beat those doughty cham
Lions, the Honolulu Cricket Club
At first it had been intended to put
purely school eleven against the
second eleven of the H. c. c., but so
much new talent having lately swell
ed the ranks of the local club 1t was
decided to give the boys team three
Good men and to play against them
the best eleven available.
The cricket club generously conced-
ed the boys Messrs wilmington,
Winkley and the redoubtable Ander-
son, through whose assistance the
victory was in part won, although
the boys showed up so strongly and
Played with such keenness that had
the match taken place as originally
framed there is little doubt that the
result would have been the same.
The school boys who took part in
the match had only been able to get
one weeks practice and it is note
worthy that they all scored runs.
It is to be hoped that the good old
British game here will receive an i'm
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1912-06-13
Chinese BaSebaIIerS
Sadly DemOraIized
By Fear of Kahuna

Especial Correspondence of Tho Star. J
BUFFALO, June 2.--We lett New
York City on the morninr OF May 90
and arrived at Syracuse al $50 n. IN
We played against the Un:verY:ty of
Syracuse and lost by Il SEQ. = of IS II
b. 1t was skating match rather than
a game.
The StHo.um at Syraaisl Is one o!
the largest in the country but the
grounds are far from being IN perfect
shape. The field was made purposely
for football.
We we're in Syracuse only about IS
hours buC during that time We we're
guests of the Chinese students at the
university and we spent a very pleas
ant ana profitable evening playing
poker and other games.
The next morning we were off early
for Glen Falls, N. Y. 1t rained so
hard, however, that our game there
was called off. We stayed there till
June l and finally the weather per-
mitted a game to be played. The Glen
Falls team is a semi-pro nine and beat
us 2 to l.
That evening we took train for
Schenectady and stayed overnight
there in order to catch our train for
Buffalo.
We arrived at Buffalo at 1920 p. M,
and played the Simon Pures, a semi
pro team, the same afternoon, losing
to the SAD tune of to 1.
Boys OFF Their Game.
The boys are not hitting as hard as
when we started out in the west. Our
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1912-06-13
GOOD CARD Of BOXING IS
ASSURED FOR MONTHS END

Articles have been signed binding
Jack Cordell and Johnny Mccarthy to
tox fifteen rounds in Honolulu on
June 90, two weeks from next Satur-
day.
Cordell agrees to weigh in at 155
pounds two hours before the contest
and to post a weight forfeit CT $50
to that effect
The bout will be boxed with five,
ounce gloves and a referee mutually
agreeable to both men will be chosen
IT least "a hours before the time Of
the contest.
Cordell will devote the rest of this
week to swimming and roadwork. On
Monday afternoon he will start work
ing in the gymnasium at Camp Very.
Mccarthy has been working for the
past three days and will probably do
his sparring and calisthenics at the
O"pheum in the evenings, starting to-
morrow.
Trooper Bauersock and Denny Lee
ary will box a six-round preliminary,
the winner to be taken to HiIo TO
box de Mello on the night Of July 4.
Another preliminary will be between
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1912-06-13

both had two legs on the cup prior to
this years race, Jackson having scor.
ed a first and second and Feagler
two thirds.
In Tuesdays contest Jackson fail
ed to finish while Feagler came in
fourth.
The trophy while not of any great
iatrinsic worth possesses an immense
sentimental value for it is doubtful If
three longer or more gruelling races
than were necessary for its possession
have ever been contested anywhere.
While sympathizing with Nigel
Jackson, of whose gameness the pub.
lie is we'll aware, the Star heartily
congratulates Mr.. Feagler on his
pIaiseworthy performances in the
three races and suggests that the
trophy be presented to him as soon
as possible with appropriate ceremon-
les.