davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-07-09
No. 16 982.
Lille Gordon Mum, ct al, Appellants


Lille Gordon Mum, ct al, Appellants,
Jennie S. Gordon, Appellee.
Appeal from Shawnee County.
AFFIRMED.
Syllabus. BY the Court. Benson, ].
l. Judgment pleaded as an estoppel
is admissible in evidence although an ap-
peal therefrom Is pending and execution
of the Judgment is stayed.
p The reversal of the judgment after
ward is not a ground for reversing a
Judgment rendered in the action in which
the first judgment was admitted in evil
dence where, another trial of the action
in which it was rendered has resulted
in the same judgment.
g. In an action where the findings OF
a jury are only advisory, and the court
has made Independent findings upon the
same issues, upon the same evidence, and
rendered judgment thereon, any error in
refusing further instructions relating to
The burden of proof is material
All the Justices concurring-
A true copy. -
TGeaIT Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-07-09
No 17746-
No. 17746.
The Hutchinson Sanitary Plumbing &
Heating Co, Etc, Appellee,

o. ll,f4o-
The Hutchinson Sanitary Plumbing &
Heating Co., Etc, Appellee,
VS..
Local Union No. 1863 Journeymen Plumbers
ct al, Appellants.
Appeal from Reno County.
APPEAL DISMISSED.
Syllabus BY the Court. Porter, ].
Plaintiffff sued to enjoin defendants
from entering premises where plaintiffs
employees We're at work completing GER
tain contracts for plumbing and steam
fitting, and by threats and force inducing
them to quit work. On motion to yacate
the temporary Injunction the court va
Gated the order as to all except two of
the defendants. All the defendants APP
pealed. Before the controversy reached
this court, the plaintiff completed the con-
tracts referred to in the petition. Held,
that the question of the right of members
of a labor union to use lawful means to
induce non-members to quit work for
employers with whom the union may be
at variance is not involved in the case,
and that in view of the completion of
plaintiffs contracts and the ending OF
any controversy between the parties there
is nothing left for the court to decide,
and the appeal is therefore dismissed.
All the Justices concurrIng.
A true copy. .-,--.--,
TSealI Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-07-09
d, A. VALENTINE,
Clerk Supreme Court.

No. 1771S.
The National Bank of Norton, Appellee,
VS..
Elizabeth Duncan and J. H. Duncan
Appellant.
Appeal from Norton County.
Syllabus. BY the Court. west d
numbered only by the joint consent of
fine husband and wife and when the
ti+Ie is in the wife the written consent OF
the husband to mortgage on certain con-
ditions is not sufficient when such con-
ditfons are not accepted.
An the Justices concurring.
A true copy. -
Attest: d. A: VALENTINE.
TSeal1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-07-09
LEGAL

the owner the balance due, on the basis
or fifty cents per bushel for the quantity
not delivered. He was given possession
of the land and raised several crops but
had not complied with the conditions OF
the contract. While in possession OF the
land, although in default as to the pay
ments, he rented it to tenants who put In
crop OF wheat. After the crop was
sown an action was brought by the own
er against the purchaser to cancel the
contract of sale and obtain possession OF
the land, in which the tenants were named
and served as defendants. Three days oe-
fore the harvesting of the crop was be-
gun a judgment was rendered in the case
decreeing a cancellation Of the contract.
the restoration of possession, and barring
the defendants from claiming any interest
in the land, held. that the rights of tho
purchaser were not terminated until the
contract of sale was cancelled and that
the tenants under him were entitled to a
tenants share of the crop which they had
grown on the land while the action was
pending.
All the Justices concurring.
A true copy.
Attest: d. A. VALENTINE.
ISeaLl Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-07-09
EGAL,

drains the leased land he is, at least,
liable to the lessor for a share of the
gas so taken.
All the Justices concurring.
A true copy.
Attest: d. A. VALENTINE,
LSeaLl Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-07-09
No. 17.7T3.
Kate Belle Coblentz, Appellee,

VS..
David Pulitzer, ct al. Appellants.
Appeal from Reno County.
REVERSED
Syllabus BY the Court West J.
1. While medical experts may properly
answer whether in their opinion from the
conditions shown by proper hypothetical
question, person was of unsound mind
opinion as to whether such person had
sufficient mental capacity to make a deed
in controversy. Capacity to make a decd
is a mixed question of law and fact for
the jury to determine on proper evidence
and instructions and not for witnesses to
decide
2. When it is alleged that a deed was
procured by the undue influence of son
upon his mother, he may state whether a.
any time he asked or requested her to
ject of the question is to show that he
did not. To state that he did not ask or
request such deed is the very opposite of
teStffyfng concerning transaction or
communication with the deceased grantor.
3. 1t is not for the jury to say whether
a deed was reasonable or unreasonable
and unless they are properly instructed
as to the meaning of reasonable it is error
to charge that they may consider reason
ableneSS as a basis for setting it aside.
4. A property owner free from undue
influence, of sufficient mental capacity to
convey property, has the right to decide
for himself whether a deed made by him
is reasonable.
5. When only seven special questions
fairly covering the vital questions raised
by the pleadings in a cause are request d
the court should submit them all and not
select three from the number to the ex-
clusion of the others.
All of the Justices concurring.
Attest D. A. VALENTINE.
CSeaLl Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-07-09
No. II, 406.
A. F. Mcveigh, Appellee.

A. F. Mcveigh, Appellee.
VS.. %
Missouri, Kansas & Texas Railway Com
pany, Appellant o.
Appeal from Anderson County.
AFFIRMED.
Syllabus. BY the Court. Benson,-J
finding that fire escaped from an en-
CINE by reason of it's being out of order
or repair, is within the issues arising
upon a petition charging that the fire was
caused by operating the railroad by run
ming an engine and train of cars over it.
All the Justices concurring.
a true COPY. -.--
Attest: D. A VALENTINE
ISeaL] Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-07-09
LEGAL

suit of pending SUITS against such other
parties.
All of the Justices concurr1ng.
A true copy.
Attest.
CSeaLl D. A. VALENTINE,
Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-07-09
d. A. VALENTINE.
Clerk Supreme Court

No. 17,7S5.
The State of Kansas, on the relation OF
Ed J. Fleming, County Attorney of
Cowley County, Appellant,
VS..
The Board of County Commissioners of
Cowley County, Kansas, ct al,
Appellees.
Appeal from Cowley County
AFFIRMED.
Syllabus. By the Court Smith, j.
l. Section 651, General Statutes of 1893,
does not require that bridge. for the
construction of which a county has ap-
propriated money shall be forever there
after repaired, or rebuilt, and maintained
at the place where it was erected.
9 When a bridge for the construction
of which the county appropriated money
has been practically destroyed, the board
of county commissioners, after full in
vestigation as to the wants and con-
venience of citizens to be served, may in
the exercise of their discretion for he
public benefit, build bridge on another
site and not rebuild the destroyed bridge.
All the justices concurring.
A true copy.
Attest: D. A. VALENTINE,
[Seal1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-07-09
POOL AVID RIIIigRl TEBl IS.

FOR SALE-New anc secondhand carom
azd pocket billiard tables ard bowling
alleys. We lead the world In cheap fig
lures; easy payments. Send for Catalogue.
Brunswick Bake Collender Co. 122o-@
Main street Kansas ritY. Mo
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-07-09
No. HAS.
George Hampe, Appellee,


AFFIRMED.
Syllabus. By the Court. Porter. J.
1. Hampe V. Sage, 50 Kan. 72S, 100 Pac.
4CS, followed and held, that the amend
ment to the petition alleging that the
land described in the memorandum which
evidenced the contract between the par
ties was the only land in Pottawatomie
county, Oklahoma, which the defendant
owned or claimed to own or have an in
terest in, was sufficient to satisfy the
provision of the statute of frauds which
requires contracts for the conveyance OF
lands to be in writing.
2. Held, further, that evidence of state
ments and admissions of the defendant
made shortly before the memorandum
was executed, to the effect that he owned
the land described therein and that he
owned no other land in that county, was
competent for the purpose of showing
that in fact he owned and claimed to own
no other tract of land in that county
g. The fact that the lands described in
the memorandum were Indian lands held
in trust for the allotteeS, who were MEM
bers of the tribe of Pottawatomie Indians,
and that under an act of congress ana
the terms of the trust patents issued Tor
said lands, any conveyance or contract
with reference thereto is declared to be
absolutely null and void, will furnish no
defense to an action for damages for
breach of a contract by the defendant to
sell and convey such lands.
Burch, J., Mason, J., and West, j.,
concurring. Benson J., Johnston, c. j.,
and Smith, J., dissenting
A true copy
Attest: D. A. VALENTINE,
ISeaL1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-07-09

No. 1900.
The State of Kansas ex rel, John s. Daw-
son, as Attorney General Plaintiff,
Edward E. Sapp.. as Judge of the District
Court Of Cherokee County, Kansas. De-
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-07-09
TRANSFER AND STORAGE,

MERCHANTS Transfer and Storage Co.
furnish expert packers; also look aftsR
freight Phones 1s6 Skinner & Gayhart
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-07-09

No. Is, 1T3.
Carrie Sarbach, Administrative, Appel
liant,
The Fidelity & Deposit Company of
Maryland. Appellee.
Appeal from Jackson County.
AFFIRMED.
Syllabus. By the Court West, j.
A creditor. seeking to recover a fu-.G
alleged to have been misappropriated by
its agent may simultaneously in separate
actions proceed against the estate of the
misappropriator and other parties alleged
to have participated in the misuse of tie
fund, and after the full amount of the
claim has been allowed against the ests tie
and classified such creditor Is entitled to
the same dividends as other creditors OF
the same class without regard to the re-
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-07-09
D. A. VALENTINE,
Clerk Supreme Court.

No. Is, Ill.
The City of Mcpherson, Appellee,
s. B. Hanson, Appellant.
Appeal from Mcpherson County.
AFFIRMED.
Syllabus. BY the Court Benson. J
l. On an appeal from police court the
transcript contained copy of the com
plant except the verification. After the
jury had been sworn the defendant Oh
jected to any evidence because there was
no complaint on file. The court then al
lowed the original complaint to be filed,
overruled the objection, and proceeded to
trial. No motion for delay or other ap-
pIication was made by the defendant. 1t
is held that the substantial rights of the
defendant were not pretudiced.
2. The statute authorized the collection
of an annual road tax of 90 from
class of persons in cities of the second
class. An ordinance was enacted in har-
mony with these statutes. Afterwards
and before the tax became delinquent the
statutes were changed by new enact
ment containing substantially the same
provisions but requiring thirty days
notice to the taxpayer before prosecution
could be maintained 1t is held that the
ordinane remained in force notwithstand-
ing the change in statutes and the thirty
days notice having been given, convtc-
ton should be sustained.
Johnston. C. J.,zBurch, J., Mason, J.,
Smith, j.. Porter. J., concurring.
West, J., dissenting.
A true copy.
Attest: "e D. A. VALENTINE,
ISeal1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-07-09
NO. 17,742.
Mary E. Kennett, Appellant,

Mary, e. Kennett, Appellant.
Mrs. Howard Kidd, ct al, Appellees.
Appeal from Geary County.
MODIFIED.
Syllabus BY the Court. West, ].
l. A provision in a will giving property
to a local camp of Modern Woodmen is
not void because the will was witnessed by
members of such camp.
e. Fraternal insurance orders being un-
der the rules and restrictions of the stat
ute such local camp is not competent to
take and hold property given to it by VIII,
its legal source of income being dues,
premiums and assessments.
8. Under Sections 1S32-1S4 Gen. Stat.
1909 such camp is authorized to hold only
such real estate including buildings as
NAV be necessary to provide suitable ac
commodations for holding meetings and
transacting business, although such
necessary buildings may be used in part
for other purposes.
4. When a testator has attempted to
devise and bequeath to such camp real
and personal property, his heirs may af-
TENTATIVELY or Extensively assert that IN
validity of such provision and the inabil-
ity of the camp to take Hereunder.
All the Justices concurring.
A true copy. -
Attest: D. A. VALENTINE.
CSeal.l Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-07-09
No. 17,745.
Charles Rea, Appellee,


Charles Rea, Appellee,
The Kansas City Long Distance Tele-
phone Company, a Corporation, Appel
Iants.
AFFIRMED.
Syllabus. BY the Court Smith, J.
1. Section $40, General Statutes 1903,
confers upon district court at chambers,
and upon the Judge thereof at chambers,
as plenary powers to issue either an all
tentative or a peremptory writ of manda-
mus as is thereby conferred upon the dis
trict court.
2 telephone company operating I'M
der the authority of the State and under
a franchise granted by a city of the State,
to the public results from a trust and
station, and the performance thereof may
be compelled by a writ of mandamus is
sued by Il judge of the district court at
chambers.
All the Justices concurring.
Attest: D. A VALENTINE,
TSealI Clerk Supreme Court
No. 17,724-
Clyde Day and Mamie D. Gibson, Appel
lees,
VS.
The Kansas City Pipe Line Company,
Appellant.
AFFIRMED.
Syllabus. By the Court. Johnston. c. }.
1. If a defendant objects to the inclus-
ion of inconsistent counts in d petition
and intends to ask the court to require
the plaintiff to elect on whi-h count he
viii rely, the objection md motion should
make them until after the issues are jun
ed it is M abuse of discretion # rhe7 court
denies the motion to c0Tapel an election
made at tie beginning OF the trial and.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-07-09

No. 17,108.
Isabella Biddle, Appellee,
VS..
The Leavenwortls Light Heat & Power
Company, a Corporation, and The Mis-
souri, & Kansas Telephone Company,
Corporation, Appellants.
Appeal from Leavenworth County.
AFFIRMED.
Syllabus BY the Court. Smith. j.
1. Under the circumstances proven in this
case the building and maintaining by two
corporations of a line of telephone wires
and line of light, heat and power wires,
the latter charged with 300 volts of cleo
tricity, parallel and within ten or twelve
inches of each other is sufficient, prima
facie, to justify a jury in finding each CT
such corporations negligent in so main
tanning such wires and responsible for
such damages as they find resulted there
from.
2. The mere fact that a workman, en-
ployed by a telephone company, in the
discharge of his duty ascends one of the
telephone poles in obedience to the orders
of superior officer to make a certain ad-
justment of the telephone wires, in the
performance of which his hand came in
contact with the highly charged wire and
he was thereby instantly killed, does not,
under all the evidence in this case, COM
pei the inference that he was guilty OF
contributory negligence or that he as
sumed the risk of injury in performing
such labor.
All the Justices concurring.
A true copy
Attest: D. A. VALENTINE.
ISeal1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-07-09
No. 1888.
The State of Kanas, Appellee,

The State of KanaS, Appellee,
clifford Link, Appellant.
Appeal from Wyandotte County Court
of Common Pleas.
AFFIRMED.
Syllabus. By the Court. Buren, )
I. The defendant was charged alone as
principal with the crime of an assault
with intent to rob. His guilt did not de-
pend upon his entertaining a common
purpose with another person who part1cl-
pated in the assault or upon the state OF
that persons mind and instructions asked
on the contrary theory were properly re-
fused.
2. 1t is not prejudicial error to refuse
the usual instructions relating to circum-
stantial evidence when the discriminating
circumstances shown by the evidence are
merely corroborative of direct proof OF
guilt ample to sustain a. conviction.
8. The defendant cannot complain of an
instruction relating to the defense of an
alibi which was based on evidence intro
duced by him and which was given in
response to an instruction which he asked
admonishing the jury that his presence
at the time and place specified in the i'll
formation was essential to conviction,
although the proof clearly showed per
sonal presence and participation in the
crime charged.
All the Justices concurring.
A true copy.
Attest: D. A VALENTINE,
ESeaL1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-07-09
ORIGINAL PROCEEDINGS.

ORIGINAL PROCEEDINGS.
WRIT DENIED.
Syllabus. By the Court. Mason. ].
L. Whenever a verdict or plea of guilty
has become final, the court is under an
absolute duty to pronounce sentence. and
has no discretion, as disciplinary meas
ure, to suspend it.
2 Where after a verdict plea Of
guilty the defendant is permitted to go at
large under an arrangement that he shall
escape punishment unless the court shall
in the future determine to impose a SEN
tence, the jurisdiction of the case is lost
with the expiration of the term, and no
vah, sentence can thereafter be pro-
nounced.
8. The rule stated applies notwithstand-
ing the sentence purports to be suspended
until certain date, for the purpose of re-
straining control of the defendant, who is
ordered to appear at that time and show
that he has not violated the law in the in
tervaL
All the Justices concurring.
A true copy.
Attest: d. A. VALENTINE.
ISeaIl Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-07-09

D. A. VALENTINE,
Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-07-09
No. 16, 9S2.

D. A. VALENTINE,
Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-07-09

D. A. VALENTINE.
Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-07-09
No. 17.752.

D. A. VALENTINE.
Clerk Supreme Court.
Decorah public opinion. (Decorah, Winneshiek County [Iowa]) 1895-1928, 1912-01-31
-Messrs. Percy Young and Miller
of Canton were over Sunday visitors
in the city.
Penslar Compound Cherry

Cough BalSam.
Is a most effective preparation for
the treatment of any form of cough,
it being a combination of several
we'll known remedies which have
long been successfully employed in
objections of the bronchial tubes and
air passages.
Its action is two-fold. 1t is a stimu-
lative expectorant and a bronchial
sedative.
Useful in all varieties of cough.
1t soothes the infamed membranes,
lessons spasmodlc and Intellectual
coughing, liquefies the mucus and so
enables it to be coughed up easily
In acute bronchitis, bronchial ir-
rtatiOn, hOarsenesS and sore throat
it is splendid sedative, relieving
the pain, and tending to prevent the
extension of the disease.
In chronic bronchitis and long
standing coughs, it is equally bene-
fetal, since it enables the body to
throw off the mucus and other dis
ease products which clog the smaller
bronchicles, and promotes a return
of the diseased membranes to the
normal condition. DEBORAH Drug Co.,
the prescription store.
Decorah public opinion. (Decorah, Winneshiek County [Iowa]) 1895-1928, 1912-01-31
Miss Emma Hove visited her Sis

Miss Emma Hove visited her sis
ter in Cedar Rapids last week.
Miss Bertha Stevens has been
visiting in Webster City since Fri
day.
Mrs. A. Leytze was an over Sun
day visitor with relatives at Indepen-
dence.
F. w. Haase departed last night
on a business trip to Chicago and Mil
waukee.
Miss Nora Gunderson was over
from Ossian Monday for a short Wis
it at the o. j. Anderson home.
Mrs. C. X. Preus went to Paint
Creek, Iowa, yesterday, called there
by the death of T. Anderson.
Miss Eula Merrick returned to
Leroy, Mimi. yesterday, having COM
pleted her course at Valdez College.
Mrs. Hans Rosendahl and son
and Mrs. Martin Hanson went to
Cresco Friday to be treated at the
hospital.
A. A. Lee arrived home Satur-
day night from Minneapolis where
he had been looking after business
matters.
&C. NJ. Merrill of Eau Claire, Wis.
was an over Sunday visitor with his
father, l.. NJ. Merrill, and his sister,
Mrs. |. w. Brunt.
ed. ]. Enslow and Mott & Co.
both advertise sweeping sales of
white goods today. Look up their
announcements.
Mrs. Chris Brandt was called to
Redwing, Mimi, last week by the
death of Mrs. N. X. Simmons, a lady
who grew up in the Brandt family.
Mrs. o. r. Isakson departed on
last Wednesday after visit here for
her home at Canton, S. D., stopping
at Mortified and Minneapolis en-
route.
Mrs. o. B. Hove and baby con-
cluded their visit with her parents,
Mr.. and Mrs. o. E. Nasset Friday,
and departed for their home at
Leeds, ~ D.
-Mds. Hastings, n. II. Adams and
w. c. Adams went to Ridgeway yes
terday for several days visit with Mr..
and Mrs. S. R. Ringoen. Mrs. w. C.
Adams returned in the afternoon.
David Bue, one of the pioneer
settlers of Bear Creek, Allamakee
county and a brother of Nels Bue of
Canoe township, died last week. He
was quite we'll known in this county.
Mr.. and Mrs. A. H. Kirkeby ar
rived home on Friday from Kirkeby,
N. d., where they have spent the
past five months, having been called
there by the death of their daugh-
ter
DR.. T. Stabo went to Minneapo-
lis Friday where he attended a meet
/ ing of the "Minde-gave' executive
committee, being member of this
committee from Iowa. He was ac-
companied by Prob. Bjarne Svanoe.
Mr.. and Mrs. A. Berg of Chica-
go. who have been visiting with Mr.
and Mrs. Vebjornson of Madison twp
for a couple of weeks, returned on
Friday, accompanied by Theo. Web
jornson, who will visit relatives in
! Chicago.