davidaulloa/AmericanStories huggingface dataset:
The Chanute times., 1913-06-16
Telephone l04 Met Cormick
Bros. Taxi and auto livery.

Come in and le, US show you our
new wall paper aud Gu, ou, borders.
]. r. Gordon, phone 646, opposite
post Office.
Neosho Valley stase Bank, corner
Main and Highland.
The Chanute times., 1913-06-16

Special prices all this week
on furniture, rugs, hammoeks
and porch furniture. These
prices mean a big saving to
you.-M. ]. Miller Furniture
Co.
The Chanute times., 1913-06-16
SOCIALIST LECTURE

The Rev. Chas. Clem will
lecture at Central park on
Tuesday. June u, a, 8 p. m.
Subject, "A message TO the
man iarthss, down." Every
body should turn ou, 10 hear
this lecture. 81
The Chanute times., 1913-06-16

Vaudeville. Roof Garden, To
night.
Pay the las, half Of your 1874
Taxes to DIN. Kennedy. phone
as.
Beiehs swee,es, Of all chocolates
a, frasier's Theatre Pharmacy only.
The Chanute times., 1913-06-16

See Lowey's Chicken Wire. 1t
holds the little chicks. Protects
your gardens.
The Chanute times., 1913-06-16

There arc Others but none 80
good as "Non.spi'-Mecune Drug
store.
The Chanute times., 1913-06-16

Automobile repairing, 5io Eas,
First, satisfaction guaranteed
p. ]. Smith, phone sIso. cod
The Chanute times., 1913-06-16
Tel. l45s for Wimsest quick
taxi cab and auto service.

Lawn mowers. Pumps, Seyihes,
Reifigera,on, Ho, plates, Ovens a,
Loweyt.
The Chanute times., 1913-06-16

We arc keeping open tonight
Just to show you our line Of
Chase and Sanborn's Teas
and Coiless.--Shirley Bros,
phone Is.
Vaudeville, Roof Garden, To-
night.
To-day marks the changing in
the policy Of chanu,e's popular
amusemen, place-The Roof Car
den, which will hereafter run pepu.
lar priced vaudeville in connection
with an excellent program OF the
newes, and cleanest movies. The
vaudeville team for tonight Is
"Coburn and Guthrie two royal
entertainers who never fall TO
please. An excellent program Of
pictures Is also assured.
Karl Jones returned this morning
from Kansas City where he spent
Sunday visiting with friends.
MANY SPECIAL BARGAINS
In Wash Goods for street
and House Dresses, Kimonos,
Dressing Sacques, ETC., at
The Chanute times., 1913-06-16

Karl Jones returned this morninI
from Kansas City where he spen
Sunday visiting with friends.
The Chanute times., 1913-06-16

Vaudeville, Roof Garden. To-
,igbt.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-12-09
No. 1850.

No. 1850.
The State Of Kansas, Appellant.
R. J. Bland. Chas. Dixon and Harry
Brown, Appellees.
Appeal from Cherokee County.
REVERSED
No. 8,Su.
The State Of Kansas, Appellee.
R. ]. Bland, Chas. Dixon and Harry
Brown, Appellants.
Appeal from Cherokee County.
AFFIRMED.
No. II, rs.
The State OF Kansas, en- rel. John g. DaW-
son. Al Attorney-0eneral.P Plaintiff,
O. W. Fail. N Clerk Of the District Court,
etc. E. e. Sapp. AS Judge Of the Dis
trict Court. etc. r. j Bland, Chas.
DIXON and Harry Brown. Defendants.
DISMISSED.
Syllabus BY thu Court. Johnston c. }.
L A statute provides that the District
court Of Cherokee county shall be held In
two places and prescr1bes that actions
commenced IN that court shall be entitled
a. sitting at one or other of the places
An information filed At one OF the places
ana to which the defendants were recog-
nf1ed to appear wa entitled State OF
Kansas. County Of Cherokee, -: In tho
District Court Of said County and State,
followed BY the nAxlen OF the parties but
d1d not name the place IN which the I'M
formation was d1ed and H. case Was
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-12-09
No. 10. As.
he State Of Kansas, Appellee.

The state Of Kansas, Appellee.
vs.
The Massachusetts, Bonding and Insurance.
Company, . Corporation. Appellant.
Appeal from Shawnee County.
MoDfriED.
Syllabus. BY the Court Porter =.
/. In an action upon BOND written oy
q corporation engaged In the business OF
furnishing surety for compensation. the
ruies OF strict construction which usually
control in cases Of accommodation urette6
will not be applied, ana II the BOND -
fairly open to two constructions. one
Of which win uphold ana the other DC.
feat the claim Of the insured. thae
will be adopted. But where there 70 NO
ambiguity. the plain intention OF the par
ties cannot be disregarded or nuMned by
a contract entered into between the
state Of Kansas and construction COM
pany for the erection Of q building pro-
vided that the state architect should
make a certified estimate each month q
the value of all labor and mater1a! used
that month in the construction, and that
the state would pay to the contTacter .
per cent thereof; that no payments should
be made except on his certificate that the
work for which the payment was due had
been properly done A surety company
xuarnnteod the faithful Performance OF
the contract on the part Of the eonstruc-
ton company. and by reference the con-
tract vas made a part Of the bond The
bond also contained the following provfb-
III the payments are mot nsa6s promptly
in accordance to contraets thfo bond
becomes null and void"
During the progress q the work thecon-
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-12-09
No. 1855.
A. K Sell and Anna Sell. Appellees,

No. 1&526
A. K Sell and Anna Sell, Appellees,
!. N. Compton, Appellant.
Appeal from Wilson County.
REVERSED.
Syllabus BY the Court. Burch. J.
/. A man who trades his farm for .
stock of merchandise and fixtures, gives
a deed to the farm, q note for the differ
ence in price between the farm and the
goods and agrees to pay percentage OF
the proceeds OF the sales of the goods on
the note, has no standing in equity to ask
for cancellation Of the deed and note ON
the ground that the goods were fraudu-
lently .nisrepresented unless ne disA6irm
promptly on discovery Of the fraud ond
restore or II able to restore the other
party to the trade substantially to his
original status.
2. II, after knowledge of the fraud. the
purchaser of the goods continue to sell
them in regular course of retail trade.
conduct q ten day special sale. otherW1se
(lispose Of considerable quantities OF the
goods. make payments on the note. ana
suhmit to q foreclosure of q chattel mort
Raee Given to secure the note. al w1enoue
any expression Of disgatisfacfcn, the con-
tract Il affirmed in fact and In law ana
his only remedv - by an action Tor oAm-
ages.
All the justices concunfing-
A true copy.
Attest. u. A vAA1NI1NEs
(seaIl Clerk suprsms Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-12-09
y. A. VALENTINE,
Clerk Supreme Court

No 1851.
Tho First National Bank Of Winfield, Ap-
pellee.
Milton A. Bangs ct a. Caroline L Cation.
Louis Cation, and Bretta v. Crapster,
Appellants).
Appeal f zFPr GSMEEss3 County
No. 1854.
The First National Bank Of Winfield, Ap-
pellee.
VA
Milton A. Bangs ct al, Appellants
Appeal f zFP1 GSMG1SB County
Syllabus. BY the Court. Mason. J.
l. Where the same guardian represents
several minor wards who are tenants in
exist which WIN justify. the probate court
in authorizing him TO borrow money Tor
their common benefit ana secure 1t BY
z In an action to f0reclose such mort
gage the question whether circumstances
actually existed Which justified Hn it, = e n
s. circumstances may exist which JUS
tfs the IN by
eA the real i estate Of his Ward for use In
the purchase Of personal property to 20
make 1t productive, ana in an action to
foreclose such q mortgage the question
whether such circumstances existed II not
Z. L paymsnt properly made by =
guardian from the funds Of his ward upon
q mortEage executed by himself on order
Of the probate court. will suspend the
running Of the statute of limatat1ons
such a payment will be deemed to have
been properly made where the guardian's
report showing such expenditure has been
annroyed bv the court. That such report
has heen made ana approved win b pre-
sumed from the fact that tho wards have
been Of age for some time and notnane
IN Teneral terms that the probate court
did not authorize the payments;
& Where an order OF the PROBATE c0uxs
has heen made authorizing guardian %
execute q mortgage on his wards resi-
property and a change Of guardians IS eI-
fected before such order - caia1ed OUT,
fhorifv given his predecessor.
All the justices concurftnG.
A true copy. -
fScsi1 clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-12-09
IEGAI..

LEGAL
n1od- Held, that the oudsGacu At IL uAuo
OF the pluce In the county did mot lnvul-
0ate the Information nor operate to the
pre1udice Of the defendants.
n 0efeDdaue 1T uoorty n q boD4 60
mot. by voluntarily leaving the court room
during . part Of fhg trial, nulnfy IT, pgo-
ceedtngs had nor impair The validity Of .
verdict rendered against him In his alb
Dence.
: An appeal may - taksn ~ the $3.50
from decisfon refusfng to allow 6ooD -
the attorney-general for conv1cttono OBJ
tanned BY hlA IN pr0oteuttoAe ~ vtola-
tons Of the prohibftory liquor law.
The statute providing Tor the au0W.
ance Of such feeo 10 mot xspugnant t. that
part OF section fifteen Of article one Of
the state constitution which pRov100B fh09
certain state oAdcerD ahall receive con-
pensatfon Tor their services ut sfHfed
times.
S. Whsre several defendants arc 1oint-
" tried and convicted Of ofRenses CHARGED
In q number of counts In . singfe h8os-
nation the pK0secutlug attorney - Sn-
titled to the allowances Of the Zee pro-
vtded in General Statutes OF IL. Sc. 3t5Is
fOEs each count upon which each aeeen4-
& The extfaAoedinary rsnedy Of maA-
dAmus can not b. used where prompt
and adequate relief may Be had BY IN
appeal
An the Justices eonem11n8.
Attest: D. A. VALENTINE
CSeaL1 Clerk SuDeomo Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-12-09
D. A. VALENTINE.
Clerk Supreme Court.


No. II, ~
Elizabeth Berkeley, Appellee.
Ed. Idol Appellant.
Appeal from Brown County.
d REVERSED.
Syllabus. By the Court Be0oon. J.
The title Of vendee under . contract
for the purchase of land VIII mot BE-
quteted against the vendor where the con-
sideratjon has not been paid. although
the vendor has failed to enforce payment
within the statutory period allowed tor
that purpose.
All the justices concuKT1nG.
A true COPY.
test: D. 4. VALENTINE
LSeal Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-12-09
D. A. VALENTINE,
Clerk Supreme Court
No. 1851.


Kansas, and Laura Nesseirond, APP
peliees,
The Shawnee Fire Insurance Company.
Appeal from Shawnee County.
Division No. 1.
AFFIRMED.
Syllabus. BY the Court West. J.
Il An agent of an insurance company
with power to issue policies insured H
property on which the bank Of which he
one-half the amount Of the Insurance.. at
tachins q clause making the loss II any
payable to the MORTGAGES a. its interest
should appear. Held that In the absence
Of fraud or col1usion the company could
not deny liability on account OF Its agent
2. The rule that one cannot serve two
masters does not apply when loyalty 70
one involves no breach of duty to the
other. Fraud is not necessarily to be pre-
stunned from mere duality Of relation :.
any shall be payable to the mortgage as
terms and conditions Of the policy does
not relieve the insurer from liability upon
q policy containing . CONDITION that II
close any mortgage ON the property.-the
insuring Of . mortgage Zen being sui.
ficienf indication that the company must
have contemplated q possible or probable
forecloeure When an insurance contract
prepared by the insurer contains am,
be construed go as to uphold rather than
defeat the indemnity.
All the Justices concurr1ng.
Attest: D. A. VALENTINE.
T0eaI1 Clert Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-12-09

Notwithstanding he did not know Of the
was said at the time the deposit was
made. about the agreement or the app1ica-
t'o %i, Of IL the I1 11n6:: coucurr,n~
Attest: d. A. VALENTINE,
ISeAl1 Clerk Supreme Court
Louzettia Sanderson. Appellee,
Appeal Si1fn rom cc;w 1e e, co M''An'A
AFFIRMED IN PART AND REVERSED
syllabus. By the court. srusth. ).
The mere signing and acknowledge
ment Of an instrument pufporting to be Q
conveyance of land does not consummats
q conveyance, but to effect such convey
ance there must be an actual or
constructive delivery Of the instrument
from the grantor named therein to the
2. An order Of Z. district court direct
ing the clerk thereof TO pay certain SUM
S 81 to s ns
Of the court shown that the fund neveg
came into the hands Of the clerk to whom
hands Of her official predecessor and was
paid out by such predecessors under the
order Of the court
All the Justices concurring.
t Hsssiiss' e e 4 ys a14s@s Gssi.
No. 1919.
The Empire District Electric Company.
Appellee.
The Eureka Mining Company. Appellant.
Appeal from Cherokee County.
AFFIRMED.
Syllabus. BY the Court West. J.
A, an owner Of certain mining property
in Cherokee county agreed with an invest
ment company of Chicago that the latter
should build thereon and equip a mill. and
when completed the improved property
was to be transferred to . corporation. 4
to have one-third of the stock. The corr
poration was organised. A was placed in
charge Of the improvement with power to
charge workmen. the investment company
whose officers were officers Of the cor
pOration furnishing the funds and giving
some directions, leaving many things to
Upon the completion and equipment OF the
mill the improved property was turned
over to the corporation whose officers and
the officers Of the investment company
had consulted and advised with A fire.
Quently touching the mill and the power
to be used. Soon after the property was
turned over A was elected . director.
AIRY Of 500 and his duties prescribed as
the superintendent OF the mining prop
erty. and the payment OF the same salary
heretofore made was ratified and ap-
proved. one-third Of the stock having al
ready been delivered to him. Shortly be-
fore such action. but after the delivery OF
the stock A in the name Of the corpora
ton contracted for electric power to be
supplied the mill for q period Of three
years. He remained as general manager
for several months during which time and
long thereafter such power was furnished
and used.
Held that the corporation 10 bound by
such contract.
An the justices concurr,ns.
A true CODY.
Attest: d. A. VALENTINE.
t1eAl1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-12-09
LN(7AI.

action for their amount against the bank,
Notwithstanding he did not know Of the
agreement, and notwithstanding nothing
was said at the time the deposit was
made. about the agreement or the applica-
ton OF the funds.
All the Justices coucuFytng.
A true copy.
Attest: d. A. VALENTINE,
ISeAl1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-12-09

I
e
49, S1Ak ~ .100s0 e1v0 - -
-. ts2 y chapter IN ct the LAVA Of
bona ~ ~ cos,.s cocce s'..m ~. c11 a
.n., sseneS. ncmfeo tor noor q ma-
diStrscx csnrt ~ ~ .ssx.. -. c.s4
m s..s.s,-~S.c-.. - sss.s.sS ~.
: s11-contractor Who fsiied e ~ ~ ~
~ I'M hrn1 -. 49,. 1-s
.tssrH.. ~ 49, C.9 ~ eNen 1.1sAe -
conss1sratiom .n6 a. ,h ~ a.5ex 4, = 1tvt.c -
B. The tsrme 81 - 49, .r.~AA
puIpsIe Of the statute. which = TO pro-
eontributions to public worizs.
r. labor and material fuEnished by the
contractor.
D. The prpsasion hur fsline ~ n.,A
Il 81. i.s 1880 ana q T.: ss:s.s ser &c $50.
exec.ssd and desivered q ri. c;fv.
mafer. .ne ns s"ocontr.ctor.s lanssess and
s. 30 re ses: s.: e.: . sa
- ~ Pond With surety ccn0nened
sna1 tne sobcontractor would pay al blzlb
1850. - es00A IN AAAO RSx~
Aol en , OF the subcontract- Held:
me suocontractor'0 laborers 81
mAI1!A men may resort to this bond ~
secuu1Iy Tor the bills due them arising
nom the performance Of tho suhcontracf
b. 1t Ii not neeangnxY that ourh lnhar.
ers and material men should have known
OF the bond and should have a(fad IN the
faith OF It In order 10 make II axnflahlo
their bills. -
AN the Justices concurring.
"A 0U8 G0QYs
Ateest: D. A. VALENTINE.
LSeol.J Clerk Supreme Court.
No. 1kkN.
The State Of Kansas AppeIlee.
~
n. c. Bloom, ApDelAnG
REVERSED.
Syuabu& By the Court. Smith, j.
On the trial OF one charged with
murder IN the 0ree degree an instruction
should be given defining and submitting
to the constderaton OF tbs jury every
cslme' mctuoed "a sucn charge, OF Wha:n
prouer tnstr,,rfior n msttS SsSrr - %ne
charge Of the court Il eiv@ 10 ~ ,arv.
ground Of beiug out Of tine notvfth-
standing any S,1Je az court ha1t al1oufd -
considered and g1veA or refused On it,
merits.
IN TINS case there was evidence
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-12-09
No. 1918 ~
Willie Turner Dowdell. ct al. Appellees,

No 10.f9.
Willie Turner Dowdell, ct al, Appellees,
Va
Sunflower Grand Lodge. ct al, Appel
1ants.
Appeal from Crawford County,
AFFIRMED.
Syllabus By the Court. Smith. ].
As sections 1854 and SOS Of the General
Statutes Of 1902 which prescribe the pro-
ceduFe IN adoption proceedings. do not re-
Quire that all the evidence produced in
such q proceeding be Incorporated In ths
record thereof ana tho record involved In
this case does not purport to contain all
the evidence therein, we will not presume
that it does. but will presume that evi-
dence was produced, including that Dor
ton set forth in the record, sufficient to
sustain the order made and judgment
rendered.
All the Justices concuzxing.
A true copy.
Attest: D. A. VALENTINE,
rSeal1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-12-09

No. f8,9a.
Dennis p. Hinchey, Appe1toa.
".
william starrett and J. C. whartoa, Az
Arr.., rro1 pe shn1n.a countv.
Division No. I.
AFFIRMED.
Syllabus BY the Court We: =:
for eonfusion Of theories. stated . cause
Of action The evidence. II undispufed
showed Iisht TO rscov% m 1.n nome
to the evidence and rendered Judgment
for costs Within three days Q motion
under advfsement untH the next term and
then granted Held. that the latter order
# was alleged that by falsely and
fraudulently pretending that one ct the
defendants was ready and anxious ana
financially able to take . certain tract OF
land at 81. 900 cash although worth more.
the plaintiff was defrauded into trading
to the other for such land an automobile
c"ncern aed' an erttinc con,tion ma ~
not . mere promise or opinion.
B. In such situation the measure Of
value Of the automobile ana the sum thus
agreed to be paid for the land taken In
EXCHANGE therefor
filed and amended q motion to strike z
certain allegation from the answer rocited
that the petition showed that IN the acrsoa
resentation of the character and value OF
the land, which motion was overfuied.
Held, that such expression thus used can
not righnully be regarded a. an election
to proceed upon the basis Of the repre-
scented value Of the land instead Of tho
sum agreed to be paid therefor.
S. The plaintiff testified to the refterA-
ton by both defendants of certain fraudu-
lent representations but on cross-exama-
nation stated that the last repetition BY
one Of them was what induced him 70
make the trade. Held. that this might
well be construed to mean that such
last repetition was the climax OF the
fraudulent inducements rather than the
sole operating influence.
All the justices concurring.
A true COPY.
Attest: D. A. VALENTINE.
TEeal1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-12-09
No. Is, as.
John e. Smith. Appellee.

~ NO. l8,4Z5.
John e. Smith, Appellee.
Joplin & Pittsburg Railway Company,
Appellant.
Appeal from Crawford County.
Syllabus. BY the Court Benson.
1. Upon the undisputed evidence and
the facts found by the jury the question
whether the plaintiff was guilty Of con-
tributory negligence IL one Of fact
2 The consideration Of error in m in
struction allowing the jury to find q YER
dict upon grounds of negligence which
did not cause or contribute to the injury Is
unnecessary where the Jury bases its YER
dict upon other grounds.
Johnston, C. =, Mason, J.. Smith. j.,
West, j., concurring.
Burch. J.. and Porter. J.. dissenting
true copy.
Attest D. A. VALENTINE,
(SeaL1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-12-09
No. Il, 5ee.
Fred Meyn. Appellant.

VI.
The City Of Kansas City ct al, ApDelEeea.
Appeal from Wyandotte County.
(First Division.)
AEF1lIMEO.
Syllabus. By the Court. Mason. j.
1. Where q temporary Injunction II do
MED in an action brought solely to re-
strain the erection Of viaduct by au-
thortty OF a city, and the trial court rem
ders judgment for the defendant upon
his pleadings. an appeal therefrom will
meantime the structure has been complet-
ed, at q cost Of $4,000.
2. In ouch case the judgment win not
be q bar to q subsequent action by the
plaintiff for damages.
All tine Justices cOncurr1n8.
true copy.
Attest: D. A. VALENTINE,
tSeall Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-12-09
LEGAL.

nuisance the state ~. perniteea to u
tf0ouco certain exh1bte1 showing ship
menfs Of hQum BY ~ eouagnors to
themselves with dtrocflon1 to notify one
clerks gave directioos to the carrisr TO de-
liver the .packege. TO- draymau who
pres.sd eati.faction With The arrange
1870 neses snss soeo e1naps1 We1o conn
~ the Justicss eencurrins
49,, ~ COPY. v..---
xA1zEN11Nk
n
No. 1AM,
Charles r. Turner. et Al. AppeueeaL
n
Tho Elbfng stat Bank Of DfblnG. Kansas.
Appellant.
AFFIRMED.
syllabus. BY the Court Johnston. e. J.
"A case was tried and Judgment rendered
~ sne apsence e plelntm end ms co1nse.
NV tS1ei vas eranted upon 2 snoWln3
tnat just neIors the uaI 1ne q " co oSn-
sei I9r Rlainun ~ cstleo 20 .,l3 tt,ef
his partner. Who vas engaged e Jury
assienmenf Of ina cass' Thers M also
testimonv To the effect that there had
been communications from counsel for de-
might be needed By them to take deposit
lions and to prepare for trial. In vtsw Of
the discretion vested In trial courts IN the
nketlSf Oh granting nov eAaAS y 80
be held that the court abused tte oiocre-
ton nor that there was no oasas ZOE
granting the mOSaon.
All the Justices concuI1ns.
A true copy. ~
Attest: y: a. vA11N 49,
tSeaLJ Clefk supreme So"'e
NO: liz
lewis u Aal4er' App
,~.,,. s~.,,.~ rS~<<s. =.
Seefse "; my ApSprrsisrtS
.ueT' e. a.; ~ az "a C,.,ntx
AppA rrruHVVrnHsMn
u EH ~ H1 c,,:..s nrr~,, l.
Sy.iaCus. ~ - .ns,,,+.rv ccs,*~v.
k1e1 ,ua ..' ID. -. = ~ Ma remainder
ancS OF Ianu 70 ~. III ,,t rs 1900 -. snr-
g tae so1 -. ws -. u. ~ i,r~ :. ~. re-
Wv ne -, nusp sn VI E.,,.1Sr N - r.
Meane1 n.s w.ev~s Ssm ~,a a. 40 ,,St
t1e neatS OF ms Don 2 cuss ~ >. .*c.
Oh sucn neif1 IevefA0n % tne sI1ns :
The grantor nled the oeea Ior recOIo N. ar1
a1terwaros onefeo " tC n1s son To
Auseo 20 accSpt " ~ selas .A...e S ~ $780,
ana two cnaidren OF the son "e1s "saAls'
deio sA. -.
!. The common law restr1ctlone on Sne
creation OF future estates were 0DOu8He0
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-12-09
No. 1850.
The state OF Kansas. Appellee.

No, 1880
The state OF Kansas, Appellee.
W.
A. g. Sexton, Appellant.
Appeal from Cloud County.
AFFIRMED.
Syllabus. BY the Court West, J.
1. denial of applications for contin-
uance based upon q confederation Of EVIL
dence abundant and conflicting 10 not
erroneous.
3. when q trial judge IL conscious that
he has no prejudice against q defendant
he is Justified In refusing Q change Of
venue asked for on the ground that he is
prejudiced.
In ! misdsmeanor case-a. contin-
nance applied for on the ground OF the
been rightfully refuDed-his counsel re-
fused to plead for him. Whereupon the
court entered . Piles OF not guilty and the
trial proceeded, DEFENDANTS counsel re-
naming and cross-examinin9 the states
been returned the defendant personally
received sentence. Held. that hs abb
sence and failure to plead do not entitle
him to q new trial.
l. The rule that q foundation for Inn
peachnent cannot " laid by question: ON
cross-examination which involve coIlat-
eral issues followed.
g. II . pRUseeut3on for @nlaWfully se1l-
ing Intoxicating nQucg and maintaining Q