davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-01-14
No. 1888
Henry Hupe, Appellant,

George Sonmer. Appellee.
Appeal from PottawatOmie County.
REVERSED
Syllabus. BY the Court Mason, j.
:. The language used by public IL
ficer in making a contract in that CT
pacitv is not to be construed as imposing
a personal liability upon him unless al
intention TO that effect is clearly shown.
. Where a public officer in entering
into a contract in that capacity promises
to make payment Immediately upon the
completion of the work,she ineurs no per
sonaI liability. cat least in the absence of
fraud, although the statute provides that
the contractor shall receive his pay from
another source and after some delay.
:. 4 public officer who refuses to per-
form duty, without the performance o.
which n just claim against the public c<.n
not be paid is personally liable in dam
ages 10 the claimant. but only to the ex-
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-01-14
No. 1888.
state Savings Bank, Appellee,

VS..
L.. w. Thompson and H l. Hale Strea-
tor Motor Car Company and Fourth
National Bank, Appellants.
Appeal from Sedgwick County,
REVERSED.
syllabus. By the Court. Smith. i.
l. Where a principal delivers personal
property to an agent to sell on commission
the proceeds of the sale belong to the
principal, subject to the lien of the agent
for his commission and other proper
charges, and the principal may follow
and reclaim the proceeds so long as the
identity is not lost.
g Under the facts of this case the right
of the principal was not affected IL il be
the fact that the agent used the specific
proceeds of the sale and deposited other
moneys to make up the amount so used
no superior right having attached there
to before the deposit; such deposit, IL sub
stftuted for the original proceeds, became
impressed with the trust and subject to
the same equities.
All the Justices concurring.
true copy.
Attest: ID. A VALENTINE
tSeaLJ Clerk supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-01-14
d. A. VALENTINE.
Clerk Supreme Court.
No. 1888
U. G. Charles, Guardian, etc, Appellee,

No. I7,sS3.
L. G.. Charles, Guardian, etc, Appellee,
VS..
Gustav Witt, ct al, Appellant.
Appeal from Stafford County.
MODIFIED.
Syllabus. BY the Court. Porter, j.
J. In an action on behalf Of minors
against their former guardian for ac-
counting, allegations of fraud, OF waste
and Acknowledgement, of wrongful appro-
priation of the minors property by pas
turing their lands, and of purchasing
mere matters of inducement, where the
petition a whole shows that all that is
demanded is an accounting. Wrongful or
tortious acts of the guardian may bG
waived and he may be compelled to ac-
count for the reasonable value of the
property wasted or wrongfully appro :
priated. There still remains but single
cause of action for an accounting.
2. Where guardian for period ex-
tending over several years without an or
der of the probate court leases the lands
of the minors for grain rent, and pur-
chases their grain himself, keeping the
accounts in such an imperfect and untn-
telligible manner that in action for an
accounting it is found impossible TO ascer-
tain what amount of grain was received
for the minors share or raised on their
lands, it is proper to charge him with the
whole period
g. And in such case where the evidence
likewise shows other instances of culpaDle
neglect of the minors interests and OF
fraud in the management of their estate,
the allowance of interest at six per cent
on the yearly balance found due, the IN
terest to be added yearly to the principal,
will be upheld.
4. When the sureties of the guardian
are parties to such an action and the petit
ton asks Judgment for the amount of the
bond and the court finds a larger sun:
due from the guardian the court SHOULD
permit the petition to be amended To
conform to the evidence and should rem
der judgment against the guardian Tor
the whole amount found due the wards.
5. Guardians are required to manage
the interests of their wards under the d.
rection of the probate court, Gen stat.
1909, sec. 3975,) and may lease the ianfs
of the wards or loan their money but
can do so lawfully only under the direS-
ton of the court.
g. The final settlement of an admir-
istrator who at the same time is guardian
of minors interested in the estate, is not
conclusive upon the minors but is VOID
able by them by their representative
Z. guardian NAV not trade with him !.
self on account of the ward or use or deal
with his wards property for his own bene-
lit.
s. That portion of the cost Of printing
a counter abstract found to be unneces-
sary is taxed to the appellee.
All the Justices concurring.
A true copy
Attest: d. A. VALENTINE.
ISeall Clerk supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-01-14
D. A. VALENTINE,
Clerk Supreme Court.
No. II, SIT.
Thomas Wood, Appellee,


Thomas Wood, Appellee,
Union Pacific Railroad Company Appel
FAINT.
Appeal from Riley County.
REVERSED.
Syllabus. By the Court. West j
L. A and B own farms separated by a
public highway. railroad runs across
both farms. The horses of A ESCAPED
from his premises, went across the high
way, over a cattle guard and upon the
railroad right of way where they We're
killed by a train, Such cattle guard is
located where the railroad enters the
fenced land of B. Held, that the railroad
company is not liable to A by virtue of
any provision of the Cattle Guard Act
of 1869. Gen. Stat. 1909, secs 700S-7010.).
>. When the findings of the jury are III
capa BILE of being harnonized, and some of
lem are inconsistent with the genera
verdict, new trial should be granted.
All the Justices concurring.
a true copy
Attest: D. A. VALENTINE.
(SeaLl Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-01-14
No. Is, 474-1s, ATS.
NJ. L. Jones ct al, Appellants,

No. 1S,474-1S, AIS.
NJ l.. Jones ct al, Appellants,
VS..
The CITY of Rosedale, ct al, Appellees.
Appeal from Wyandotte District.
Court. Second Division.
AFFIRMED
Syllabus. BY the Court. West, j..
The decision of trial court refusing
to enjoin a city from extending a storm
sewer and from collecting special assess
mentS therefor, after considering the evil
dence submitted by all the parties, Will
not be reversed in the absence of some
specific showing of error in such ruling.
All the Justices concurring.
A true copy.
Attest:
[Seal,1 d. A. VALENTINE,
Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-01-14
D. A. VALENTINE,
Clerk Supreme Court.
No. 1883.
The Carey Coal Company. Appellee.

No. II, S93.
The Carey Coal Company, Appellee.
VS..
The Beebe Concrete Company. Appellant.
Appeal from Reno County.
AFFIRMED.
Syllabus. B. the Court. Mason. j.
1. Upon an issue as to what the use of
an article is reasonably worth per day,
where ii does not appear that there IS
any absolute standard by which such
value may be determined with definite
ness and certainty, it is not error to al
NIT evidence of the value of the article
itself, to be considered with other cir
cumstances in determining the value ut
its use.
@ In that situation it is not error to
admit evidence of the price at which the
renter subsequently sold the article.
All the Justices concurring.
A true copy.
Attest: D. a. VALENTINE,
ISeaIl Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-01-14
EGAI

adJudicated IN the prior action and that
he was not barred or precluded from OBJ
tanning relief and the enforcement of his
tax lien in this proceeding by reason of
under the void deeds and, further, that
twelve per cent. was the proper rate of
interest on the tax lien awarded to L.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE
ISeall Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-01-14
No. 1908.
The State of Kansas, Appellee,

Henry dOerr, Appellant.
Appeal from Marshall County
AFFIRMED.
Syllabus BY the Court. Benson =
I. Where the fact that a burglary had
been committed in robbing a bank was
notorious and unquestioned, opinions of
persons called as jurymen that the bark
had been broken into and robbed did not
disqualify them from service on the Jury
in the trial of one charged with the crime
newspaper reports of a burglary, and
heard general talk about it.. do not
necessarily disquahfy him for jury ser
vice if he has no settled conviction of
mind nor opinion of a positive and fixed
character upon material disputed fact
or issue to be determined, and he is free
from prejudice, bias or interest.
g. Where burglary is committed by
several persons some OF whom may have
actively participated at the time and
place, others counseling, aiding and abet
ing and one alone is on trial, evidence of
his association with others tending to
show a guilty combination conspiracy
when limited to reasonable time before
the burglary. is admissible.
such associates and the presence of some
of them at or near the place of the burg
larry was competent, and the fact that
some of these associates We're identified
as persons afterwards seen in Jail being
an incident of their ASSOCIATION and
Identification, is not Objectionable.
< Several items of testimony eyrone-
ol1sIv admitted are considered and found
to be uniTnportant and ii is held that the
substantial rights of the defendant were
NOT affected by the admission of such
testimony
e II is competent to contradict a wit
ness in q criminal case by reading state
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-01-14
No. 1876.
Joe Root, Appellee,

Cudahy Packing Company, Appellant.
Appeal from Wyandotte County.
Court of Common Pleas.
REVERSED
Syllabus. By the Court. Burch. j.
l. In this state the opinions of experts
are receivable in evidence only on the
ground of necessity where no better evil
dence can be had and are not receivable
regarding an ultimate fact in issue where
the subject can be presented to the jury
so that the jury itself is capable of draw
ing the ultimate inference.
2 In this case the opinions of experts
were received IN evidence 10 show that
it is possible, under the principle upon
which friction hoist elevators are con-
structed for the car to fall in the course
of its ordinary use for packing house pur-
poses although all the appliances are in
good mechanical condition; and that such
an elevator is unsafe for such use. 1t
had been the business of the experts 20
construct inspect and repair such ele-
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-01-14
First published in The Topeka State
Journal Wednesday January s. 1871

NOTICE OF ANNUAL MEETING.
The regular annual meeting of the
stockholders of the Aetna Building & Loan
Association will be held at the offices Of
the association, I'm Topeka, Kan, at 10
o'clock a. M, on Tuesday. January 2S 1912
for the purpose of electing a board OF
directors for the ensuing year. and Tor
the transaction of any other business that
may come before the meeting.-Adv.
]. l.. RAINES, President
+. ]. FUNK, Secretary.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-01-14
No. 1855.
f. NJ. Mason, Appellee,

F. NJ. Mason, Appellee,
VS..
j. p Patten, ct al, Appellants
Appeal from Stevens County
REVERSED.
Syllabus. BY the Court henson 7
i. Where time is not of the essence Of
a contract to convey land, but is made es-
sent1al by performance or tender of per
the other, a reasonable time must o.,
given for compliance with such demand
:. A district court is without authority
IN vacation to render judgment in a Gaze
tried in term time and taken under al :.
visement
3. judgment rendered in vacation
upon trial and submission at the pre-
cedIn- term should be set aside and a
Judgment should be rendered at the nexr
term.
Johnston, C. J., Burch, J.. Smith j.
Porter, j. and West, J., concurring.
Mason, J., dissenting in part
true copy.
Attest: D. A VALENTINE
lSeai1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-01-14
ATTORNEYS At LAW.

HIRAM c. ROOT, Attorney at Law,
Abstract and Real Estate and Probate
law SO Columbian Bldg, Topeka
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-01-14
EGAL.

ment from his deposition previously taken
and filed after properly calling his atten-
ton to the statement.
:. instructions which require the state
to prove that the defendant, If not per-
sonaIly present when a crime was COM
nlitted, counseled, aided. or abetted In It's
commission by actually helping, confed-
Grating with and assisting others IN the
plan and purpose and knowingly conceal
ing the crime and aiding the escape OF
the perpetrators. place an unnecessary
burden on the state. Proof OF concea :
rnent is not essential to conviction
where the accused has counseled, aided
or abetted in the commission of crime,
Code Grim. Proc. Sec. 115) but the uc-
PENDANT was not prejudiced by the error.
All the Justices concurring.
Attest: D. A. VALENTINE,
TSeaI1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-01-14

| No. 1859.
| Franklin Banchor, Appellant,
| VS.,
| Marion Proctor, ct al, AppelleeS.
| Appeal from Cove County.
AFFIRMED.
| No. 1918.
Franklin Banchor, Appellant,
! VS..
Eben c. Crockett, ct al. Appellees.
No. 1919.
| The Hays Land & Investment Co, APP
pellee,
Franklin Banchor. Appellant
Appeals from Ellis County.
AFFIRMED.
Syllabus By the Court. Burch. J.
1. In action by tax deed holder In
possession to quiet title against the hold
er of an elder tax deed who was out OF
possession the defendant proved that an
entry was made upon the land and actual
possession was taken in his name within
two years from the date upon which the
tax deed was recorded. Held, that proof
the person taking possession for him was
unnecessary and that the condition of the
two year statute of limitations was sat
iSfied
2 In the action referred to the plain
tiff quoted his title against all the heirs
of the deceased holder of the original
cured the Judgment to be opened, showed
defects in the plaintiffs tax deed lnVah-
dating it as conveyance and asked Tor
possession. They did not claim to be sole
heirs and made no proof of the respective
shares of their ancestors estate to which
they were entitled. Held, the judgment
uuieting title was conclusive upon all the
heirs who did not defend and that, while
the answering heirs were entitled to pos
session, they were only entitled to possess
sion in common with the plaintiff.
8 Within five years from the time the
holder of the second tax deed took possess
sion a grantee of the holder of the first
tax deed brought an action to redeem.
Possession had been taken under the first
deed. which, was good its face, within
@174 ffrrz 81 TO
limitations had run in its favor against
the original owner. Held, the plaintln
was an owner within the meaning of the
statute providing that "any owner, mis-
agent or attorney" may redeem land sold
for taxes.
All the Justices concurring.
A true copy.
Attest: D. A VALENTINE.
[Seall Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-01-14
No. is, 1856.
The State of Kansas, Appellant,
NJ. Kirmeyer. Appellee.

NJ. Kirmeyer, Appellee.
Appeal from Leavenworth County
REVERSED
Syllabus. By the Court. Benson i
1. A finding consisting only of cor
illusions from basic facts found in detail
from which il is deduced. can not be Ip-
held where it is in conflict with them,
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-01-14
LEGAL

state which surrendered him.
2. The case of The State v. Hall, 40 Kan.
33S, 10 Pac. 91S, is overruled.
All the Justices concorrlng.
a true copy.
Attest: D. A. VALENTINE,
[SeaLJ Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-01-14
No. II, go.
F. w. Glover, Appellant,


A. C. Fillmore. ct al, Appellees.
Appeal from Pottawatomie County.
AFFIRMED.
Syllabus BY the Court. West. J.
l. A widow owning certain premises
formerly her home in another county en-
tered into an agreement for mainten-
ance" by which she was to furnish the
land for the joint use and occupancy OF
herself and a distant relative, CT, she to
have the right to use and make her home
in the house during her life, he to occup.F
and cultivate the land, keep 1t in reason
able repair, pay the taxes, treat her kind
ly and provide for and maintain her in
health and sickness in comfortable
manner. and in lieu of clothing to pay
her 500 the first of each January. She
covenanted that upon her death the
agreement should stand for, convey and
vest in G the fee simple title as If good
warranty deed upon sufficient considera-
ton had heretofore been made she re-
tanned the option to terminate the con-
tract upon the failure of G to carry out
his part thereof, in which case he was 10
give her possession. Held, to be an agree
ment executory and testamentary Ia
character, vesting no present estate
9 Before the land could be occupied
the widow died. had assisted for lew
weeks in her care. and he brought her re-
mains for burial to the neighborhoJd
where the land is located, paying the
medical and funeral expenses. Held, tdn1
while he might recover from her estate
for his services and expenses, his grantee
is not entitled to the land.
All the Justices concurring.
A true copy.
Attest: d. A. NALEN ~ ~.
ISeaLl Clerk supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-01-14
No. II, GOT.


Charles H. Marsh, Appellee,
VS..
The Wells, Fargo & Company Express,
Appellant.
Appeal from Marion County.
AFFIRMED.
Syllabus. BY the Court. Benson, j.
1. Where a suspected felon is arrested
without a warrant by a deputy sheriff
of county other than the one wherein
the arrest is made he is not debarred from
recovering a reward therefor merely be-
cause he is such officer.
Q. 1t is held that the evidence in tits
case tended to prove substantial COM
pIiance by the plaintiff with the terms of
a reward offered for the arrest and con-
viction of a criminal and that the district
court did not err in overruling demurrer
thereto.
All the justices concurring.
A true copy.
Attest: D. A. VALENTINE
TSeal1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-01-14
No. 1855.
George Blackwell, Appellan

No. II, $50.
George Blackwell Appellant
James NJ. Blackwell and his wife Nancy
Blackwell, Appellees.
Appeal from Lyon County.
AFFIRMED.
Syllabus. By the Court Vast
/. A trust In real estate implies n hold
ing OF the legal title by one for the bene-
ut of another who holds the equitable
title
p a conveyance absolute in terms can.
not be defeated by mere verbal pronis.
20 reconVey and when the circumstan cau
attending such conveyance and agreemenr
tall to show an intent by the grantor 10
retain the equitable title no trust arise,
by implication of law
3. an allegation that personal uronar,v
was by defendant converted to his own
use indicates right to recover dama.ses
accounting.
All the justices concurring.
true copy
Attest: d A VALENTINE
loeaLJ Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-01-14

No. lie, 100
In the matter of the application of John
\. FIack for writ of nabeas corpus.
OFFICIAL PROCEEDING.
PETITIONER REMANDED-
Syllabus. Ky the Court Rurch. J.
i. y person charged in any state with
treason, felony, other crime, who shall
state and who on demand of the execu-
tive authority of the state from which he
fled shall be delivered UP ana removed to
the state having jurisdiction of the crime.
may there be prosecuted for crimes other
than the one specified in the demand for
his delivery without first giving him Il
reasonable opportunity 10 return TO the
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-01-14

No. II, 37e.
Amanda X. Clifton, Appellant
VS..
CharIes 1. Meuser, as executor of the
estate or Sarah E. Potts, Deceased Ap-
pellee S
Appeal from Miami County.
Syllabus. BY the Court Masor
Where one who has received money
from another contends that II was given
MIN under an express contract in con-
siderauon of services which he afterwards
performed, but is defeated in that COM
tenlon in an action brought against him
Tor the recovery of the money he is not
thereby precluded from maintaining an
action upon an implied promise to pay the
reasonable value OF such services as he
had rendered.
All the Justices concurring.
true copy.
Attest: d. A VALENTINE
lSeaLi Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-01-14

d. A. VALENTINE,
Clerk Supreme Court
The Alaska citizen., 1913-03-31
ShrapneI Riddles Portraits
Of American Presidents;
Taft's Escapes Lightly

MEXICO CITY Feb. %. Durin :
today's artillery duel the America.
club was riddled with shrapncl.
In all seven shells tore
through the walls The first two
crashed through the reading room
across the greater length of the
front on the second story. The oh
ers entered above the second story
on the sides, which are not pro
tected by buildings.
In addition % the shell fire The
interior, as we'll as the extelior Of tiio
American club, was perforated i,
scores of places by bullets from
rifles and machine guns
The shells which entered the read
ing room tore their way through tn
stone window castings, demolished
a heavy leather, chair and explode
with terrific force Shrapnel Was
hurled in all directions. cutting the
furniture to ribbons, ripping the floor
and walls and puncturng in a score
of places the portraits which hum
about the room.
The portrait most seriously damaE,
ed was that of President Madero
President Mckinleys face is now
set in circle of holes, while the
The Alaska citizen., 1913-03-31
SHIP CARRIES
DEMON CARGO

LONDON, March 3.-The story
of the demon cargo" of the steam
ship Hardy was written into the
records Of the Kings bench yester-
day through the testimony of her
captain. On a voyage from Tra
pert with a large cargo of mineral
waters, consigned to a London firm,
some of the liquid seeped into 4
quantity of metallic sodium, which
was also part of the cargo, set
ting ii afire.
The captain, not being aware OF the
nature of the sodium, played the
hose on it with the result that two
tons of it were set fire and there
was series OF explosions.
Nonplussed the captain ordered al
of the cases of sodium heaved into
the sea. When this was done the
force of explosion of sodium in
contact with the water caused sey-
eral of the cases to jump back
The Alaska citizen., 1913-03-31
GIBBS LEASES
INTEREST TO
KEYS ( ELLIS

An important transfer of mining
'operty was made last Friday Wher
Austin NJ Gibbs leased a third in.
terest i'll the easterly 800 feet Of the
Mars lode claim lying between TOO
Much Gold and Moose creeks TO
Ed N. KEYS. Jr.. w w. Mci-augh-
lin, George Wheeler, and II. l. Ellis.
The lease is to run for seven year
and required the new laymen to
pay a royalty of twenty per cent
IN all the product of gold
The same lessees also took an OPP
ion on the interests Of Mr. Gibbs in
the Mars, Sunnyside. Durando and
Summit claims, all OF which are
located n a group on the left limit
OF Fairbanks creek. The amount
specified in the option is $1,000 and
must be paid before May -. 1915.
Mars, Gibbs and Anderson have
1.een working tae ground for almost
year and have done considerable
development work Oh the Mars claim
which is looked upon as one of
the very best claims on Fairbanks
creek.
The new Iessees are now endeav-
oring TO obtain leases from the others
Interested in the ground, and VIII
as soon as they are able 10 put
through this deal start active oper-
atoms. Already there is consider
able machinery on the ground that
will be used, and the men expect
10 put in a more thoroughly up-to-
date outfit as soon as the other
leases can be obtained