davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-06-11
EGAL
No. 1896.
c. G. Anderson, Appellant,

VS..
Board of County Commissioners, Appellee
Appeal from Cloud County
AFFIRMED
SylIa bus BY the Court Burch,
In an action for an injunction to
prevent the removal of a county bridge
from one location to another demurrer
was interposed to the petition An appn-
cation for a temporary injunction was De
MED after a hearing in which all the ma
terial facts presented by the petluon
were considered. On appeal to this cour1
the law applicable to the case was stated
and the order denying temporary ln1uhc,
tion was affirmed. The county ooaro
then removed the bridge. Afterwards tne
demurrer to the petition came on Ior
Nearing and was sustained. The plaintln
again appeals Held, the ruling sustaining
the demurrer will not be reviewed
? The action was brought against the
board OF county commissioners as cor
norate body. The petition contained an
allegation that the plaintiff would De
damaged by a removal of the bridge IN
SIM in excess of s., 900. Held, the peuuon
does not state a cause of action for dam
ages since the law does not impose upon
the county an obligation to respond IN
damages in cases of this character
All the justices concurrlng-
= true COPY.
Attest: d a: EAOc--N 1L GS.
ISeaI1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-06-11
EGAL

ages neghgently caused to the property
transported, successfully interpose the
statute of limitations
l. Such action to recover for a claimed
balance still due according to the legal
tariff rates in force when the shipment
was made, is not one upon the contract
of shipment but is one to recover regard
less thereof. and hence the plaintiff cannot
use such contract to defeat such counter
claim.
All the justices concurring.
A true copy.
Attest: D. A VALENTINE.
lSeal1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-06-11
No. 1903.
c. l. Grigsby, Appellee.

No 1909.
c. l. Grigsby, Appellee,
Fred L. Morris Appellant
Appeal from Barber County.
REVERSED
Sylla bus BY the Court Burch, J..
l. When none but the five year statute
of limitations of this state is pleaded in
opposition to the foreclosure of q mort
gage the court cannot give the pleader
the benefit of the six year statute of linn
itations of another state.
2 The lien of a real estate mortgage
is not defeated by adverse possession
when the initial claim of ownership of the
land was made under a deed, not yet fif-
teen years old, which contains an express
recital that 1t is subject to the mortgage.
All the Justices coneurring.
A true copy.
Attest: D. A VALENTINE,
ISeaL1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-06-11
No. 17S4S.
Dennis D. Doty, Appellant.


Dennis D. Doty, Appellant.
VS..
The Township of Garfield, Finney County
Kansas, Appellee.
Appeal from Finney County.
REVERSED.
Syllabus. By the Court West, J.
The testiiomny tended to show that
when the plaintiff purchased the refund
ing bonds and coupons attached, he was
assured by the seller that the bonds were
valid. that he ascertained that after their
issuance a tax had been levied by the
township for two successive years to pay
the interest, that judgments had been re-
covered on others of the same issue, and
he was advised by counsel that the bonds
were valid. That when he purchased, the
interest had been in default for seventeen
years but he had no knowledge of any in
trinity in the principal obligations which
contained all the necessary recitals, and
which the auditor of state had certified
were regularly and legally issued. That
owing to a question as to who was re-
quired to make the levy, and In view OF,
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-06-11
No. 1925.
Matilda Brack, Appellee,

No. 1925.
Matilda Brack, Appellee,
Charles A. Morris, Jr-, Appellant.
Appeal from Pawnee County.
AFFIRMED.
Syllabus. By the Court Johnston, {: J.
L A probate court has general Jurisdic-
ton as to the care of the estates OF
minors and the matter of appointing a
guardian for minor and authorizing the
being within its jurisdiction its decision
in respect to them is binding and not open
to collateral attack
2 A document which recited that GER
tain person had been appointed by the
probate court of a territory as guardian
of a minor and which was signed by the
probate judge, who, under the law, Is his
own clerk, had attached thereto GER
tificate of the same probate judge to
which the seal of the court was attached
certifying that the foregoing document
was a true, correct and complete copy or
the original letters of guardianship as
shown by the records of his office. Held,
that it was in substantial compliance witt:
the provisions of section 1858 of the civil
code governing the Authorization of the
records and proceedings in courts OF other
states.
other state may, for the purpose of secur-
ing an appointment of the same guardian
in this state, be proven by duly authen-
ticated copy of the original appointment,
but IL is not the exclusive method of prov
ing that such appointment had been made.
rules of evidence. may be received for
that purpose
All the Justices concurring.
Attest: D. A. VALENTINE,
TSeaIJ Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-06-11
No. 1898.
]. F. AIottin, Appellant,
VS


The Board of County Commissioners OF
Ieavenworth County, Kansas, APP
pellee-
Appeal from Leavenworth County.
REVERSED
Syllabus BY the Court Benson, J.
/ Necessary repairs upon a county
bridge requiring an expenditure not Elk
ceeding 800, may be made under con-
tract with a committee of the board OF
county commissioners or any suitable per
son authorized by the board to make such
repairs .
surveyor who is authorized by the board
10 make them. or by a committee or the
board having the matter in charge, or
which having been made, are approved oy
the board are sufficient compliance with
the statutory provisions requiring that
estimates for such work shall be made
g. The careful conduct of public bust
ness by a county board requires that
record shall be kept of the reports OF its
committee, surveyor or other person dele
gated to make repairs upon bridges, and
the action of the board thereon, but an
otherwise valid claim is not defeated by
the absence of a record of such proceed
ings.
board of county commissioners may be
shown as a fact although no formal mo-
ton is made, whether recorded or I'M
recorded.
s. TT is a general rule that persons
dealing with the officers of municipal
corporation must ascertain the nature and
extent of their authority, but in matters
which are the proper subjects of munich
pal action. where there is no provision OF
law requiring that such authority shall be
given by formal action of the governing
body it may be shown by a course of con-
duct which induces others honestly TO
erts Y. St MaryS, IS Kan. 10I, SO Pac. 211-)
All the Justices concurring-
A true copy.
Attest:
ISeaL1 D. A. VALENTINE,
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-06-11
No. 1890


Mollie ]. Denton, Appellant,
VS..
The Missouri. Kansas & Texas Railway
Company, a corporation. Appellee.
Appeal from Labette County.
REVERSED.
Syllabus By the Court Mason, ].
l. In order for the violation of a GRIM
inal statute to constitute actionable
negligence the injury complained of must
be of the sort the legislation was intended
to prevent
2. The statute making it a misdemeanor
for a railway company to allow cars to
stand upon a street for more than ten
reduce the opening in the Travelled part
thereof to less than thirty feet, is intend
ed to prevent distractions to travel, and
acts in violation thereof do not necessarily
constitute negligence for the purposes of
an action in which the plaintiff relies upon
the fact that the position of the cars,
vented his seeing an approaching engine
in time to avoid a collision.
8. An ordinance requiring a railway
company to provide a flagman at a street
crossing which purports to take effect
upon publication, is in force from that
time, irrespective of whether the COM
pany had actual notice, or in the exercise
of reasonable diligence ought to have
learned of it.
4. Where a woman is injured through the
negligence of a railway company, she is
not precluded from recovery by the fact
that a contributing cause of her injury
was the failure of her husband to exercise
due care in the management or the auto
mobile in which they were riding
5. A special finding that the defendant
is not guilty of one of several acts or
negligence charged against him, which IS
not affected by any erroneous ruling, may
be treated as final determination of that
question, Notwithstanding a new trial is
granted upon other issues
All the justices concurrtng.
A true copy.
Attest: D. A. VALENTINE,
ISeaL1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-06-11

No. 1887.
Agnes Hart Corley, Appellee.
VS..
The AtchiSon, Topeka & Santa Fe Rail-
way Company, Appellant.
Appeal from Greenwood County.
REVERSED
Syllabus. BY the Court Mason J.
!. Liability of a railway company for
injuries occassioned by a collision at a
highway crossing may be founded upon
its negligence in allowing unnecessary OBJ
structions to vision to exist upon the right
of way.
? One who. while riding in an auto
mobile as the guest of the driver is in
tured by collision at a railroad cross
mGs caused by the negligence OF the COM
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-06-11
No. 1878.
Geo. B. Abbott. Appellant,

Geo. B. Abbott, Appellant,
Lydia A. Doyle, ct al, Appellees.
Appeal from Mcpherson County.
AFFIRMED.
Syllabus. BY the Court. Johnston, c. J.
deed recited that the first parties for
and in consideration of love and affection
for the second party, their daughter, and
to furnish support for her did sell GER
tain tract of land, describing it, unto the
said party of the second part for life and
upon her decease unto her children should
she die leaving issue, absolutely, and
should she die leaving no issue then unto
the heirs of the party of the first part.
The said land and premises to be held by
the said Lydia Ann Abbott solely under
and by virtue of these presents without
power to her to sell, mortgage or convey
any interest in the said premises, nor to
sell or incumber her life interest therein"
Held, that the instrument conveyed only
a life estate in the land without power
in the grantee to ALLEVIATE or cucumber it,
and held, further, that the provision re-
stricting the power of the grantee to sell,
mortgage or cucumber the land is not in
consistent with the grant nor invalid be-
cause of repugnacy.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
[Seal1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-06-11
No. 1SZ13
Nettie P. Fem, Appellee.

VS..
The Northwestern National Life Insur-
ance Company, Appellant.
Appeal from Sedgwick County
AFFIRMED.
Syllabus. By the Court. Benson, J.
A life insurance policy provided for the
payment of premiums on the first day of
each month, and forfeiture for non-pay-
ment- 1t also provided for reinstatement
during the life of the insured at any time
within twelve months of the date of lapse
by the payment of past due premiums and
a fine of ten per cent per annum on such
overdue premiums. Premiums We're paid
on the policy for over six years on or
about the Goth day of each month. The
premiums paid were accepted without
objection or comment by the company and
its receipts were given therefor. The last
payment was in November. 1909. and the
insured died on the 9th day of December
following. The receipts contained no al
fusion to reinstatement and was in ordi-
nary form. No fines were requested
paid, and no notice or intimation was
given that the payments were not ac-
cepted as payments of monthly premiums
they purported to be- 1t is held that
the facts were sufficient to support a find
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-06-11

No. 1902
w. r. Jones, ct al, etc, Appellees,
vs..
Alice S. Arnold, Appellant.
Appeal from Washington County.
AFFIRMED.
Syllabus. BY the Court Johnston, c. j.
An agent engaged to find purchaser for
his principals land is bound to act with
the utmost good faith towards him and to
keep him informed of facts affecting his
interest but held that the finding of the
jury that the acts of the agent herein
were free from fraud is sustained by the
testimony.
All the Justices concurring.
A true copy.
Attest: D. A VALENTINE,
ISeaL1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-06-11

1Ota1 81 "a
state of Kansas County of Shawnee, IS.
T. Geo. A. Guild. cashier of the above
named bank. do solemnly swear that the
above statement is true to the best of my
knowledge and belief.
GEO. A. GUILD, Cashier.
subscribed and sworn to before me this
9Th day of June, 1918.
w. H. RILEY
lSeal1 Notary Public
my commission expires March s. 1879
Correct-Attest:
J. R. BURROW,
z. z. AMES,
A ZAHNER,
Directors
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-06-11
No. 1924.
Claude Chandler, Appellant,

Claude Chandler, Appellant,
VS..
Chester Y. Austin ct al, Appellees.
Appeal from Kearney County,
AFFIRMED.
Syllabus. By the Court. West, ].
The owner of certain land conveyed 1t
to r. who did not record his deed. After
wards a holder under void tax deed
quieted his title as against a defendant
of the same surname as the grantee in
the conveyance, and the title thus quieted
was subsequently purchased for $500 by
the defendant who placed lasting and
valuable improvements upon the land. c.
by deceit then procured from his original
owner a deed for SIS and sought to eject
the defendant. Held, that C. is barred
from recovery by virtue of the maxim
Eek turpi causa non oritur actio."
All the Justices concurring.
A true copy.
Attest: d. A VALENTINE,
ISeaL1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-06-11
No. 1854.
Mary ]. Kelly, Appellant,

No. 1854.
Mary ]. Kelly, Appellant,
Alexander Kelly, Appellee
Appeal from Johnson County.
AFFIRMED
Syllabus By the Court Burch. j.
4 restraining order granted in an action
for divorce and alimony for the purpose
Of conserving the property of the defend
ant until the plaintiffs rights can be
effectively secured and enforced is abro-
gated by a final decree determining fully
the rights of the parties unless a provision
for further restraint be inserted
All the justices concurring-
a true copy.
Attest: D. A VALENTINE,
ISeal1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-06-11
EGAl

the fact that the county and township had
been compromising their bonded indebt-
edness he understood that he might be
compelled to put in Judgment or compro-
mise the paper, for which he paid about
$50 of the total principal and interest.
Held. that the question of his bona fides
should have been submitted to the jury.
All the Justices concurring.
A true copy.
Attest: D. A VALENTINE,
GSeall Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-06-11
First Published in The Topeka State
Journal June 9, 1871

First Published in The Topeka State
Journal June g. 1913
Office of the City Clerk,
Topeka. Kansas, May g. 1913
PROPOSALS.
Sealed proposals will be received at the
office of the city clerk, Topeka, Kansas,
until $50 o'clock a. m. Friday, June Is.
1913. for the repaving of Jackson street
from 9Th street to 10th avenue and 10th
avenue from the alley west of Kansas
avenue to Jackson street. north of the
street car tracks. as per plans and specifi-
cations on file in the office of the city en-
gineer.
A certified check in the sum of two
hundred dollars ($2oo.0o) must accompany
each bid.
The work is to be completed by October
18th, 1913.
The board of commissioners of the City
of Topeka reserve the right to reject any
or all bids, or parts of bids.
[SeaL1 c. B. BURGE, City Clerk.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-06-11
D. A. VALENTINE,
Clerk Supreme Court.
No. 1857.
No. 1905.
A. F. Underwood. Appellant.

A. F. Underwood, Appellant,
Henry F Fosha and Henry Quantic, APP
pelleeS.
Appeals from Riley County.
REVERSED.
Syllabus BY the Court Benson. J
In an action upon two promissory notes
having the same parties and the same his
tory, Judgment was rendered for the
plaintiff upon one and denied on the 9TH
er, apparently upon the ground that one
was due and one not due when trans
upon the title of his assignor who received
both notes before due. therefore the ques-
ton whether the asSignor was an innocent
holder for value in due course was a ma
terial matter. Upon this question the
findings are inconsistent. On a review of
the evidence and findings it is held that
the verdict should be set aside and
new trial granted upon both notes.
All the Justices concurring.
a true copy.
Attest: D. A. VALENTINE,
rSeaI1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-06-11
LEGAL

ing that the company had waived pay
ment of premiums on the appointed day.
All the Justices concurring.
A true copy.
Attest: D. A VALENTINE.
ISeaL1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-06-11
No. 1888.
Mary n. Taylor, Appellant,

John T. Danley ct al, Appellees-
Appeal from Scott County
AFFIRMED.
Syllabus. BY the Court. Benson. j.
L The pleadings, issues and Judgn al1a
wherein the parties to this action were made
defendants are examined and 1t Is heid
that the judgment in that action does not
estop the holder of the patent title in
possession from asserting a defense IN TINS
action brought by the holder OF the tax
. An action to recover land by the
holder of a tax deed can not be main
tanned against the holder OF the patent
title who has held adverse possession TOT
more than two years, and the tax holder
has never taken possession, although the
tax deed is valid upon its face and has
been of record more than five years
All the Justices concurring:
A true copy.
Attest D. A. VALENTINE.
ISeaLJ Clerk Supreme Court
No. 1926
Joseph Bunger, Appellant,
VS.
Lena Bunger, Appellee.
Appeal from johnson County.
AFFIRMED.
Syllabus. BY the Court West, J.
When the issue is the alleged impotency
of the defendant and seven physicians
who made an examination testified that
fusal to decree divorce will not be dis
turbed.
All the justices concurr1ng.
y true copy.
Attest: d. A VALENTINE,
ISeaLl Clerk Supreme Court
No. 1921.
The Oregon Railroad & Navigation Com
pany. Appellants
o. l. Thisler, Appellee.
Appeal from Dickinson County.
REVERSED IN PART.
Syllabus BY the Court West, J.
!. Under the interstate commerce act
the carrier Is required to file with the
commission its schedules of rates and also
to promulgate and distribute them in or
der that the shipper may have access to
them and ascertain their terms
? The provisions of that act do not
preclude the shipper, after payment of
the legal rates, from receiving or re-
covering for injuries to the property trans
ported caused by the carriers negligence.
B. A foreign corporation which sues a
Kansas shipper here to recover for an
alleged balance due according to the legal
rates. cannot, to q counterclaim for dam
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-06-11
AUTO REPAIR SHOPS.

YOU BREAK TIVE FIX IT-Oxv-
Acetylene Welding. Automobile cyiin
ders, crank and tranmission cases. axIes
housings, frames. manifolds, gears steer
ing knuckleS, parts of machinery of an
kinds. Stove and furnace parts sectional
boilers. farm machinery. All kinds of metal
castings welded. cast iron, steel, copper
brass. bronze, aluminium. Satisfactory
workmanship guaranteed. Price reason
able Gilmore Auto Co., 515 Quincy ST.,
Topeka, Kansas Phone 317e
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-06-11
No. 1882.
Edwin Lyman, Appellant.


Edwin Lyman, Appellant,
VS..
Edward F. Wagner. ct al. Appellees.
Appeal from Cheyenne County.
REVERSED.
Syllabus. BY the Court. Johnston C. J.
broker was employed to find a buyer
for tract of land at a fixed price net
to the owner under an agreement that
any excess obtained above that price
should go to the broker as his commits
sion, and that the commission should be
paid out of the first money received on
the sale. A purchaser was found accept
able to the owner with whom he entered
into an enforceable contract of sale under
which cash payment was made and the
balance of the purchase price was to
be paid in two annual installments with
the condition that If the payments were
might elect to forfeit the payments al
ready made The purchaser failed to
make the payments as agreed upon and
the owner thereupon elected to and did
declare a forfeiture but declined to pay
the broker the stipulated commission be-
cause the contract had not been fully
carried out by the purchaser. Held, that
the broker had fully earned his commits
sion when, without fraud or concealment,
he produced a purchaser who was accept
ed by the owner and with whom the
owner entered into a contract of sale,
and he could not be deprived of 1t be-
cause the purchaser did not make the de-
ferred payemnts at the stipulated times.
All the justices concurring.
A true copy.
Attest D. A. VALENTINE,
[Seal1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-06-11

No. 1885.
Minnie Martin. Frank NJ. Martin, her hus-
band. Flora NJ Hull, Frank E. Hull
her husband, Roy W. Shumway, and
Hettie Jane Shumway, Appellees,
VS..
r. B. Shumway, Jr.. Luella Shumway
his wife, and Israel Miller, Appellants
Appeal from Rice County.
AFFIRMED.
Syllabus. BY the Court Mason J.
Upon the issue whether a deed made
by a father to a son was a preferential
gift or an advancement, subsequent state
ments of the grantor are admissible in
evidence, If they tend to show what his
purpose was at the time of it's execution,
regardless of which side of the contro-
versy they support
All the Justices concurring.
true copy
Attest: D. A. VALENTINE,
ISeaLJ Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-06-11
LEGAL

pany, is not precluded from recovering
damages there for by the fact that the
failure of the driver to exercise due eau
ton was a contributing cause of the in
jury.
g. The failure of the jury to return suf-
ficient answers to certain special ques-
tions held to require new trial.
All the Justices concurring
a true copy.
Attest: D. A VALENTINE
[SeaL1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-06-11

No. 1854.
Belle Mott, Administrative of the estate
of Tim Mott, deceased, Appellee,
vs.
Roy z. Long, ct al, Appellants
Appeal from Montgomery County.
AFFIRMED.
Syllabus. BY the Court. Smith, j.
1. If no personal representative has
been appointed, the widow may maintain
an action against the owner OF operator
of a manufactu establishment for the
death of her husband, while employed
therein, which is caused by the wrongful
omission of safeguards or precautions re-
quired by the factory act.
2. If, after commencing such action in
time, the widow be appointed admins
tratrix of her deceased husbands estate
and she accordingly amends the petition,
more than two years after the death, her
action as administrators is not barred by
the two years statute of limitation.
All the justices concurring.
A true copy.
Attest D A. VALENTINE,
TSeall Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-06-11
BANK STATEMENTS.

First published in The Topeka State
Journal June 9, 191al
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-06-11

GUNS repaired and cleaned By sxperts
II. B. Howard Supply Co. Ms Kansas
ave.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-06-11
FLORISTS.
PICTURE FRAMING.

FRAMING, reg.lding. mat making, mount
ing done by ]. ID. Sullivan. 122 W. Eighth
street Packing. shipping, etc.