davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-03-12
No. 17484.
J.. p Dykes, Appellant,

No. 174S4.
j. p. Dykes, Appellant
VS..
The Board of County Commissioners OF
Stafford County. Appellee.
Appeal from Stafford County.
Affirmed as to the First and Reversed as
to the Third Fourth and.Seventh Causes
of Action.
Syllabus. BY the Court west J.
1. The physician attending upon a fam
lily, several members of which We're sick,
peleving the malady to be diphtheria, the
nealth OftIcer believing otherwise, called
In consultation the plaintiff (the health
officer being invited but failing to attend)
who diagnosed the cases and found the
patents suffering from diphtheria. The
pIalntff quaTantined the family, admin
istered anti-toxin and gave general -
structions for the treatment and isolation
OF the cases and of the family and for
the protection Of the public against the
spread of the disease. The county has q
poor farm but one with no facilities or
convenienceS for isolating or uuarantjn-
ing persons suffering from contagious or
infectious diseases. He presented his bill
for $50, alleged to be a reasonable COM
pensat1on, to the county board who re-
fused to pay. Held that as the pleading
showed that the services were performed
upon the request of the attending ply
stefan who had no authority to bind tho
county, and failed to show refusal or in
ability on the part of the afflicted family
to pay, cause of action was not stated
e. A county having a poor farm with
no Facilities or. conveniences for operat-
ing upon or caring for persons without
friends or money, suffering from catalepsy
appendicitis or broken collar bone, is la
Bile for the reasonable value of services
and treatment afforded such persons, not
Inhabitants, upon the order of the mayor
or the acting mayor of a city OF the third
class within such county.
3. Under section 1851, Gen. Stat 1909 the
mayor or acting mayor of a city of the
third class is deemed to be an overseer
of the poor with power in cases of emer-
gency to bind the county by granting or
ordering such temporary relief for per-
son, not an inhabitant, lying sick, or in
distress without friends or money, as the
nature of the case may require, the inten-
ton of the legislature and the duty of
the county being to succor such afflicted
sojourner rather than to delay action for
the observance of formalities.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
[SeaLl Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-03-12
LEGAL

No. 1850
Albert Sarbach, H. ]. Klusmire. w. T.
Brown, c. w. Reynolds, J. T. Nicholay,
J. S. Engle J. E. Keel, E. E. Hazlett,
A. B. Seeley, T. M Jones, Timothy B.
Sweet. Trustee, and W. B. Lawrence,
Plaintiffs,
The Kansas Fiscal Agency Company and
The Interstate Fiscal Agency Company,
ct al. Defendants
T A McNeal, Intervenor, Appellant,
T A. Pollock, Receiver, The Kansas
Fiscal Agency Company, and the Inter
state Fiscal Agency Co, .Appellees.
Appeal from Wyandotte County.
Court of Common Pleas.
AFFIRMED.
SYLLABUS. BY the Court West, ].
l. corporation organized ostensloly
to sell insurance as agent for another
company proceeded to sell stock in its
own concern. 1t sold one hundred shares
to NJ taking his note due in six months
and giving a written agreement that ms
note given in payment for stock, should
not be discounted before maturity and
that if at any time, for any reason, M
should desire to surrender the stock Ger
tificate he might do so and receive ms
note back together with any profit that
might accrue in replacing such stock,
also any money he might have paid on
the note. He receipted Tor the STOCK
purchased by me-, also recelpted Tor
dividend ION certificate No $50 for one
hundred shares of the capital STOCK Oh
said company, owned by me Aug. 10, 1871
holder and not a mere optional subscrih-
er.
3. The company sold it's stock to many
persons though it had no substantial
value and being insolvent the company
upon petition of certain shareholders was
put in charge of a receiver who sue
ceeded in collecting a small sum netting
about S14OO. constituting the entire dis
coverable assets of the concern. The note
was promptly negotiated and NJ. was
compelled to pay it, the company refuS-
ing to take hack his stock or repay the
amount of the note. M: interviewed In
the receivership suit, setting up his con-
tract with the company and its breach
and praying for order allowing him
the amount of the note out of the assets
in the hands of the receiver or his just
proportion thereof with other allowed
claims against the company. Held that
as between NJ and the other stock hold
ers his contract with the company was
one which equity will not enforce at their
expense.
All the Justices concurring.
Attest: D. A. VALENTINE,
TSeai1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-03-12
No 1909.
No. 1908.
Lisa Hanson, ct al Appellees,

vs.
John F. Hanson, ct al, John f. Hanson)
Appellant
Appeal from Mcpherson County.
AFFIRMED.
Syllabus By the Court. Smith, j.
1. Any appearance in an action other
than to challenge the jurisdiction of the
court is general appearance for all pur-
poses of the action. Abercrombie ".
Abercrombie, 81 Kan. %.
.. A general appearance in action
valves all defects in the issuance and
service of the summons and confers jurts-
diction upon the court for all the purposes
of the action without the issuance or SER
vice of summons.
3. The allowance or refusal of an ap-
plication for a change of venue rests
largely in the direction of the court.
4. An amendment to petition in eject
ment may be properly allowed to unite a
cause of action for partition.
All the justices concurring.
A true copy.
Attest: d. A. VALENTINE.
ISeaL1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-03-12
LEGAL

the foregoing paragraphs the right of the
buyer to enforce the specific performance
of the contract is not barred by the fact
that upon the day fixed for payment he
did not have money sufficient for the pur-
pose, nor property upon which he could
have raised it, where he had made ar
engagements by which he could have Dor
rowed the necessary amount by using the
land he was buying, with the other prop
ketable.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
CSeaL1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-03-12
LEGAL

ing the question to whom the liability is
due, that issue may be determined with
out a revivor against the personal repre-
sentatives of the defendant who died
after the judgent was rendered.
5. A transcript of release of the iudg-
ment in favor of the intervenor against
p. H. Mccoy, given and filed by the in
tervenor after the appeal therefrom had
been taken, having been filed in this
court and this judgment being reversed
it is held that upon proper issue to be
made and proof of such satisfaction, the
1ntervenor should be adjudged to pay the
amount of such judgment to the plaintiff
All the Justices concurring.
A true copy. ---
Attest:
[Seal1 D.. VALENTINE
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-03-12
First published in The Topeka State
Journal March Z, 1921

Marion, Kan. March 1st 1912
To the Holders of Marion County, Kansas,
Bonds:
You are hereby notified that the County
of Marion in the State of Kansas, hereby
elects to and will pay to the bearer there
Kansas in New York City, n. Y, on the
LIST day of July, 1912, all of the outstand-
ing bonds of said County, due July LIST
1922, optional July 1st, 1912, such payment
to include the principal and all accrued
interest up to the date of payment above
specified, and no interest will be paid
after said date
GSeaL1 J. w. NUSBAUM,
County Treasurer. Marion County, Kan
Attest: B. B. REIMER,
County Clerk, Marion County, Kansas.
Marion, Kan, March 1st, 1912.
To the Holders of Marion County, Kansas,
Bonds:
You are hereby notified that the County
of Marion in the State of Kansas, hereby
elects to and will pay to the bearer there
of at the Fiscal Agency of the State of
Kansas in New York City, N. Y, on the
1st day of May, 1912, all of the outstand-
ing bonds of said county, dated May /.
1890, due May l, 1920, optional after May
LIST, 1870 such payment to include
the principal and all accrued in
terest up to the date of payment above
specified, and no interest will be paid
after said date.
County Treasurer, Marion County, Kan
saS.
Attest: B. B. REIMER,
County Clerk, Marion County, Kansas
1.-THE above bonds viii be redeemed un-
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-03-12
LEGAL

city ordinance authorizing their destruc-
ton upon certain conditions, and after
surrendering them upon an order of de
livery in replevin, obtains a judgment for
for their value in default of their return,
he holds such Judgment for the benefit of
the city. and upon it's collection by him
he becomes liable to the city for its
amount, less any expenses he may have
necessarily incurred in obtaining it.
All of the Justices concurring.
A true copy.
Attest d. A. VALENTINE,
tSeal1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-03-12
No. 1884.
Nova NJ. Sparks, Appellant

No. 1884.
Nova NJ. Sparks, Appellant
VS..
F. W. Fitzgerald. Appellee.
Appeal from Butler County.
AFFIRMED.
Syllabus. BY the Court. Johnston. c. }:
The proviso at the end of section 30 of
the old code that actions for damages
on account of injuries to persons or prop
erty may be brought in the county IN
which the injury occurred" applied only
to that part of the section which related
to actions against railroad companies, of
which the provfso was a part, and an &C
ton against an individual, operating an
automobile, for damages negligently
caused to persons property, was re-
quired to be brought where the defendant
or some one of the defendants resided or
might be summoned
All the Justices concurring.
A true copy.
Attest. D. A. VALENTINE,
ISeaL1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-03-12
No. 174S7.
Jay Lupher, Appellee,

The Atchison, Topeka & Santa Fe Rail-
way Co, Appellant.
Appeal from NeoSho County.
AFFIRMED.
Syllabus BY the Court. Porter. J.
l. Whether or not an accident was
caused by the negligence of the defendant
is an inference of fact for the jury to de-
termine. and not of law for the court,
Notwithstanding the evidence may be con-
Trajectory, uncertain, and confusing
2. In this case 1t is held that the plain
tiff's account of the way in which the
accident occurred can not be said as a
matter of law to be inherently improbable
g. The plaintiff, a brakeman, was in
jured while throwing a switch by reason
of conditions which made the place IN
safe. Three weeks before the accident he
complained to the division roadmaster
that the conditions at the switch made it
unsafe. The evidences was the roadmaSter
said He knew it wasn't a very nice place
and not any too safe and that they We're
going to fix 1t up when they could get to
it and put in a double track, and we
would head in there and not have to make
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-03-12
No. 1882.
Melissa B. Graham ct al. Appellees,
No. 1892.

No. 1852.
Melissa B. Graham ct al. Appellees,
VS..
A. W. Cain, Appellant
Appeal from Kiowa County.
AFFIRMED.
Syllabus By the Court Porter, J.
Under section l, chapter 241, Laws of
1899 laws 1909, CHI. 21S, sec. 8, Gen. Stat.
1909, sec. 764S), which provides THAT any
person who has resided on school land
for a period of one year, and who has
neglected or refused to purchase the
same within said time, herein pro-
vided, shall forfeit all rights, title and in
terest to the same, a settler has one
year after the land has been appraised
and brought into market in which to pur-
chase the same.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
ISeaL1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-03-12

John c. Brown, Appellant,


John c. Brown, Appellant
Mary Reichling, Pete Reichling, Jake
Reichling, John Reichling Mary Schultz
Herman Schultz, Lizzie Patched and
Thomas Patchet. Appellees.
Appeal from Geary County,
REVERSED.
SYLLABUS. BY the Court. Mason. J.
i. Where in a contract for the sale of
land the seller agrees to furnish an alb
stract showing a clear title, and the buy
er to pay the purchase price on a certain
day. when deed is to be delivered the
buyer is not in default for failure to
make payment on the day named when
at that time he has made a reasona BILE
objection to the title and abstract with
respect to matter which apparently ad-
rnits of correction, and no feort to that
end has been made by the seller.
? The fact that one of the deeds under
which the seller derives title contains a
rnisdescription of the property, resulting
from a mistake on the part of the drafts
man, affords ground for reasonable OBJ
lection.
2 The situation is not altered by the
fact that after the objection was made
the craftsman. without authority from
the srantors changed the description in
+he deed and caused corresponding
changes to be made in the record and in
the abstract.
Under the circumstances stated in
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-03-12
LEGAL

der this call by the Fidelity Trust Com
pany of Kansas City, Mo, direct from
the owner, and payment to be made and
delivery to be accepted at any bank In
the United States. Address Fidelity Trust
Company, Kansas City, Mol
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-03-12

No. 174SS.
E. r. Sherwin, Appellant,
VS..
c. P. Baxter and Elizabeth Baxter,
AppelleeS
Appeal from Chautauqua County.
REVERSED.
Syllabus BY the Court. Benson, ].
In an action by a vendee to recover the
money advanced upon contract to pur-
chase land, where the delivery of an alb
stract showing a good title is to be made
by the vendor simultaneously with a fur
Their payment by the Vendee who is ready,
able and willing at the proper time to
make the payment and informs the
vendor who does not furnish the abstract
then or afterwards, a formal production
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-03-12
No. 1881.
NO. 1891
Elias Plummer, Appellee,

VS..
The Atchfson. Topeka and Santa Fe Rail-
way Company, Appellant.
Appeal from Butler County.
REVERSED.
Syllabus. BY the Court. Burch. J.
Negligence is not imputable to a rail
way company merely because it did not
insist upon the performance of the land
owners duty to keep a gate in right OF
way fence at a private crossing closed
or else permanently close the gate, in
consequence of which trespassing stock
of a third person went through the open
gate and upon the railway track, where
they were killed by a passing train.
All the justices concurring.
A true copy.
Attest d. A. VALENTINE.
LSeaL1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-03-12
| EGAl

of the cash is not required, as a condi-
ton precedent to an action.
All the Justices concurring.
A true copy
Attest: D. A. VALENTINE,
ISeal.l Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-03-12
TRANSFER AND STORAGE.

MERCHANTS Transfer and Storage Co.
furnish expert packers; ala0 look after
freight Phones 1856 Skinner = Gayhar6
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-03-12

No. 17475.
L. E. Seaton, Appellant,
VS..
Joseph Fischer, ct al, Appellees.
Appeal from Logan County.
REVERSED.
Syllabus. By the Court. Burch, J.
In action to quiet title uncontrovert-
ed allegations of the petition, which con-
tainS the statutory requisites, are to be
taken true and the plaintiff is entitled
to judgment by default against defend
ants who are properly served by publica-
ton and who do not appear.
All the justices concurrfng.
A true COPY.
Attest: d. A.tVALENTINE,
ISeal.1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-03-12
MACHINE SHOPS.

GUNS repaired and cleaned By expsrta
H. B. Howard Supply Co. 10 Kan ave-
call Martin, 412 jackson II. Phone sos.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-03-12

No. 17477.
John W. Greer, ct al, partners as Greer
Brothers and Mcknight Canning Com
pany, Appellees.
The Davis Mercantile Company, Appellant
Appeal from Shawnee County.
AFFIRMED.
Syllabus By the Court. Smith. J.
l. Two parties have a conversation
resulting in the delivery of personal prop
erty from one, the owner thereof. to the
other. One, the owner, testifies to such
language used as would constitute a sale;
the other denies this and testifieS to Ian
guage that would constitute a bailment
only. Held, that the evidence of other
witnesses of acts done and statements
made by the latter soon after he acquired
and while he was in possession of the
property, no change of circumstances af-
fecting his interests having occurred, are
admissible a part of the gestae, as
characterizing his possession and corr
roborating his testimony.
2. Where rulings of a trial court, sus-
tanning objections to questions asked, re-
suit in excluding testimony, it is not Suf-
ficient to justify a reversal that it be
made to appear that the rulings are err
roneous but it must also appear that the
error is prejudicial. For this purpose a
motion for new trial must be filed and
the proposed evidence produced as provid-
ed in the civil code, section BOT.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
LSeaL1 Clerk Supreme Court.
No. I74S1.
The Trego Land Il Investment Company,
Appellant
1. N. Reddig, Appellee.
Appeal from Trego County.
AFFIRMED.
Syllabus. BY the Court. Benson, J.
In an action of ejectment between rival
claimants to a tract OF school land, 1t is
held, following Burgess V. Hixon, 70 Kan.
POI, IS Pac. 1076, and Thayer V. Schaben, 20
o. Iof he 70 20
stated in the opinion, the holder of the
older contract who had made default in
payments and against whom a forfeiture
had been declared upon proceedings not IN
strict compliance with the law as it then
existed, is barred from asserting title
hereunder as against the holder of d
later contract issued after the forfeiture
proceedings had been completed, who has
complied with all the terms OF his pur-
chase and is in possession
All the Justices concurring.
Attest: D. A. VALENTINE.
[SeaL1 Clerk Supreme Court.
The Equitable Investment Trust Com
pany, Appellee.
The Board of County Commissioners Of
Wyandotte County State of Kansas,
consisting of A. J. Hoffman, ]. NJ. Kill
mer and T. J. Lyons, Appellants
Appeal from Wyandotte County Court OF
Common Pleas.
AFFIRMED.
Syllabus. BY the Court Mason. j.
An application for mandamus to COM
pei the levy of tax to pay a judgment
against a county can not be defeated by
a showing that the judgment was based
upon a demand for the payment of which
no obligation rested upon the county. and
which, except for the Judgment, the coun-
ty could not have been required to pay.
All the justices concurring.
A true copy.
Attest: D. A. VALENTINE,
TSeaLI Clerk of Supreme Court.
No. 17476.
The City of Topeka, Appellant,
VS..
Frank NJ. Stahl, Appellee.
Appeal from Shawnee County.
REVERSED.
Syllabus BY the Court. Mason, j.
Where an officer Seizes Intoxicating
,,r0r uorranf fS1s1ad under a
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-03-12
POOL and BILLIARD TABLES.

FOR SALE-New ane secondhand caFu1
and pocket billiard tables and bowling
alleys. We lead the world In cheap fi1-
lures; easy Payments. Send for cataloglA
Brunswick Bake ollender Co. Aola-~
Main street. Kansas City. Mo
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-03-12
No. 1929.
F. L. Glover, Appellant,

No. 17249.
F. L. Glover, Appellant
VS.,
Frank G. Berridge and Herbert G. Ber-
ridge, Appellees.
Appeal from Nernaha County.
AFFIRMED.
Syllabus BY the Court. Johnston. r. J,
/. A promise to pay a sum of money
for property WHICH the promisor already
owned, and in which, the promisee has no
interest, is without consideration and un-
enforceable.
2. The fact that the promisor only stat
ed one ground of refusal when payment
was demanded will not estop him from
setting up all the defenses he has when
an action is brought against him on the
promise.
All the Justices concurring.
A true copy.
Attest. D. A. VALENTINE,
[Seall Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-03-12
MONEY.

MONEY to loan on live stock, pianos. or
guns, typewriters, household goods ana
personal security. L. Biscoe. 629 kan I've
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-03-12
PHYSICIANS and SURGEONS.

T. B. ARMSTRONG, NJ. d. Onice, beth
phones 5s5. Res. 3047 Bell.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-03-12
ART

TOPEKA SCHOOL OF ART, Max Haren-
dorm, director, 114 West sth. Ind 1905
Blue. Drawing, painting, designing, china
classes.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-03-12

No. 17476.
The City of Topeka. Appellant,
VS..
Frank NJ. Stahl, Appellee
Appeal from Shawnee County.
REVERSED.
Syllabus BY the Court Mason, j.
Where an officer Seizes Intoxicating
liquors upon q warrant issued under a
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-03-12
d. A. VALENTINE,
Clerk Supreme Court,
- 1 = - - :
LSeal.l
No. 1925.
W. B. Penrose, Appellee,
S. w. Cooper, Appellant.

S. w. Cooper, Appellant.
Appeal from Sedgwick County.
AFFIRMED.
l. A decision is conclusive and binds
the parties upon the facts as shown TO
exist when the case was tried If upon
a retrial a different state of facts is
SHOWN to exist the law declared in the
ton.
2 A decision of the supreme court
holding a tax deed valid on the ground
that 1t was five years old is not con-
cIuslVe or binding upon the parties where
IL is shown on retrial of the action or
IN another action between the same par
ties that the deed was of record less
than five years when it was attacked.
3. Although the possession of a tenant
IS the landlords possession, it is not
or itself notice of the landlords title.
about to deal with the title upon inquiry.
a. The law presumes that one who is
about to deal with real estate has either
made inquiry of the occupants right,
has been so negligent that he cannot
be regarded as a bona fide purchaser.
This presumption, however, is mere in
ference of fact which may be rebutted
by proof that the purchaser made dill
gent inquiry and failed to discover the
prior right.
and exclusive, is sufficient notice un-
less the subsequent purchaser shows that
he pursued the inquiry with proper dill
gence and failed to obtain knowledge
of the unrecorded instrument of the
right of the parties claiming under it.
6. The plaintiff, who occupied the re-
lation of purchaser without actual
knowledge of an unrecorded deed, in
quired OF the tenant and learned the
name of the agent to whom the tenant
paid rent. Relying upon his knowledge
of the fact that the same person had
been, until a short time before that.
managing the property agent for the
record owner of the title. he failed to
make any inquiry of the agent to learn
the name of the owner. Upon these
facts it is held, that the question wheth-
er he acted with due diligence was one
of fact for the jury to determine and
not of law for the court.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE
ISeal1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-03-12

AND PER GENT MONEY to loan m
farms and inside Topeka property on
favorable terms and In any amount from
advanced on buildings under constrncSjnnS
BETTER REALTY g. LOAN co
First Floor. New England Bldg
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-03-12

MONEY TO LOAN on personal property
G. II. Flintham. 9O6 e. 4th ST.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-03-12
UNDERTAKING.

L. NJ. PENWELL. funeral director and
embalmer. First class service. 5o1-Gia
Quincy st. Both phone8
Both Phones PSI Day and Might.
HAWLEY & STEELE.
Funeral directors and embalmers. rs Eaat
oth ave Mrs. Roht. Steele assistant
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-03-12

PROMPT Realty Loans. Ella N. Peacock
: Central Natl Blk. Bldg. Ind. 55s and Issi'