davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-03-11
No. 1S,20s.
The State of Kansas, Appellee,

No 1S,20S-
The State of Kansas, Appellee,
Frank Wheeler, Appellant
Appeal from Washington County.
REVERSED.
Syllabus BY the Court. Benson, j.
/ On a trial for one offense evidence
tending to prove other distinct uncon-
nected offenses by other parties with
whom it was not shown that the defend
ant had associated. conspired, or was In
any way connected, is irrelevant
q Evidence that a defendant in a Grim
inal action had been arrested and given
bail for another distinct offense not cor
nected with the one for which he is on
trial. and that other persons, with whom
If was not shown that he had conspired,
associated aided or been connected with
have been convicted of such other offenses,
is irrelevant.
8. In the light of the circumstances
stated in the opinion it is held that the
admission of the irrelevant testimony re-
ferred to in the above LIST and End para
graphs was prejudicial error
All the Justices concurrinS-
true copy
Attest: D. A NALEN11LN
TSeaI1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-03-11
D. A. VALENTINE,
Clerk Supreme Court
No. 1854.
Leon WEIGH, Appellee,

No. f7,S4.
Leon WEIGH, Appellee,
William Mcintosh and Mrs. William NC
Intosh Richard Burk and Mrs. Rich
ard Burk, Appellants.
lanes g Elyin and The First National
Bank of Harper, Appellees-
Appeal from Harper County.
AFFIRMED.
Syllabus Ry the Court Mason, j.
1. One having a written contract for
the purchase of real estate, with a per-
SON having a similar contract for its pur-
chase from the owner, may maintain an
action against the owner, and the person
with whom he contracted, for the specific
performance of both contracts.
2 One who agrees in writing to convey
real estate, for a payment to be made
partly by a mortgage and partly In casn,
and who afterwards orally consents TO
i accept and does accept in lieu thereof a
MORTGAGE and money for equal total,
but in different proportions, can not de-
feat an action for the specific perform
ance of the contract on the ground that
the subsequent arrangement amounted to
an attempt to make an oral modification
of contract required by the statute OF
frauds to be in writing.
g. Under the evidence in this case, al
agreement to deliver second mortgage
in part payment of real estate, is held 20
have been substantially complied with by
the delivery of one which was subject to
three other mortgages, their total
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-03-11

No. 1879.
The Ohio Investment Company, a Cor
poration, Appellee,
VS..
W. B. Brown, Appellant.
Appeal from Cowley County.
AFFIRMED.
Syllabus. BY the Court smith, ).
!. If the contract rate Of interest for
the forebearance of the payment OF
money does not exceed the highest rate
prescribed by the statute as recoverable,
the courts will enforce the contract
2. The highest rate of interest recover
able at the time of the execution or the
principal note, in this suit, was ten per
cent per annum.
g. Where a written contract for interest
on money loaned is susceptible OF two
constructions, one of which would render
the contract usurious and the other not
usurious. the latter must be adopted.
All the Justices concurr1ng.
A true copy. -
Attest: d. A. NA11ENI
TSeal1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-03-11
%. 17.97.
No. 1854.
Eta H. Osincup, Appellant,

II,SI4s
Eta H. Osincup, Appellant,
Jennie Henthorn. Eta Mai Breen, Agnes
Schumacher. Leola Schumacher, J. E.
Houston Thomas G: Breen, Admins
traitor with the will annexed of the
estate of Julia A. George, Deceased,
Appellees.
Appeal from Trego County.
REVERSED.
syllabus BY the Court Johnston, C. j.
4 The mistake of the wife and mother
of a decedent in regard to the law of
descents and distributions of a state
other than that of their residence, which
led to the superintendent and transfer or
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-03-11
EGAI

agreement that he is to hold for both
unless other arrangements are subse-
quantity made, the statute of frauds does
not preclude action by the other party
to be adjudged the owner of an undivided
one half of the land, and for an account
ing.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
[SeaL1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-03-11
| E(iAl.

at walk since he last looked along the
track at which time he could see but 400
feet, no car being then in sight.
All the Justices concurring.
A true copy.
Attest D. A. VALENTINE,
ISeaLl Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-03-11

No. 1895.
Mayer Coal Company, Appellant,
VS..
Joe Stallsmith, Appellee.
Appeal from Cherokee County.
AFFIRMED.
Syllabus. BY the Court. Burch, ].
An account stated must be of sub
sisting debt and in an action upon an ac-
count stated the defendant may show, I'M
der a general denial, any fact which de-
stroys the plaintiffs cause of action, in
Guiding payment of the Indebtedness
claimed to be the subject. of the account
stated.
All the justices concurring.
A true copy.
Attest: d. A. VALENTINE.
CSeaLl Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-03-11

No. 1920.
The Board of Commissioners, Neosho
County, Appellee,
VS..
Hattie Spearman, ct al, Appellant
Appeal from Neosho County.
REVERSED.
Syllabus. BY the Court. Porter, J.
Where the only objection to a petition
is that the material facts are set forth in
general terms amount to mere conclusions
of facts the remedy is a motion to make
more definite and certain, and where such
a petition is not attacked by motion q
demurrer should be overruled.
All the Justices concurring.
A true copy. -
Attest: d. A VALENTINE,
ISeall Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-03-11
No. 1901.
Will H. Cue, Appellee,

No. i, col.
Will H. Cue, Appellee,
VS..
Connecticut Fire ms. Co., etc, Appellant.
Appeal from Cowley County.
AFFIRMED.
Syllabus BY the Court. Porter, J.
/ Where an agent of an insurance
company sends a solicitor to inspect a
risk and take a written application for
insurance and upon the application issues
a policy, the company is bound by knowl-
edge Of the solicitor of the fact that gaso-
Iene is being used on the premises and
will be presumed to have waived con-
dition in the policy forbidding such use
All the Justices concurring.
true copy -
Attest: d. A. VALENTINE K.
ISeall Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-03-11
EGAL.

which a divorce may be granted
f. An allegation that a wife had not
been divorced from former husband, as
against a demurrer, will be construed as
intended to mean that such husband was
still living, although no direct statement
is made to that effect.
8. The fact that at the time or nsr
marriage a wife had a former husband,
living and undivorced, is ground for
decree of notification.
All the justices concurring.
A true copy.
Attest: ID. A. VALENTINE.
TSeall Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-03-11
LEGAL

amount being that for which the parties
knew the property to be incumbered.'
3All the Justices concurring.
A true copy.
Attest: d. A. VALENTINE,
ISeaL1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-03-11

No. 1901.
R. NJ Browning, a minor, by Anna Laura
Browning, as his Guardian and next
friend, Appellant,
Beatrice L. Browning, Appellee.
Appeal from Woodson County.
REVERSED.
Syllabus BY The Court Mason. J.
l. A statute forbidding under criminal
penalties the performance of marriage
ceremony without the issuance of a
license and the issuance of a license for
the marriage of a minor without the con-
sent of the parent or guardian, does not
authorize the annulment of a marriage
entered into by a minor without such
consent.
2 Such a statute does not bring a
minor within the operation of a provision
authorizing the annulment of a marriage,
either party to which is incapable, from
want of age of contracting it
8 Ordinarily the concealment by a
woman of her prior unchastity is not a
ground either for the annulrnent Of her
marriage or the granting of a divorce.
but where q woman of thirty induces a
boy of nineteen to marry her, without
the knowledge or consent of either parent
or guardian. representing to him that she
had been divorced from a former hus-
band, when in fact he had procured .
divorce from her on the ground of
adultery, her conduct constitutes fraud for
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-03-11

No. Is, COZ.
H. NJ. Collins, Appellee,
Bedford &c Stump, Appellants.
Appeal from Sumner County.
AFFIRMED.
Syllabus. BY the Court. Benson, j.
1. An agreement between two real
estate agents to divide commissions, in
pursuance Of which one produces custom
ers and the other makes sales to them
and receives the commission, rests upon
a sufficient consideration and should be
enforced. ~
2. A decision denying motion for
new trial based upon newly discovered
evidence is sustained upon the authority
of Sexton V. Lamb 81 Kan. 432, and Shores
V. Surety Co., "a Kan. 592s ia Pac. 1922
All the Justices concurring.
A true copy.
Attest: D. A VALENTINE,
ISeall Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-03-11
No. 1887.
A. McClain, Appel

No. 1887.
Hester A. McClain, Appellee,
vs.
The Chicago, Rock Island and Pacific
Railway Company, Appellant.
Appeal from Sedwick County.
Division No. %
AFFIRMED.
Syllabus By the Court Johnston. e. ,:
which a new trial may be granted is
waived by the neglect of a party to ask
for a new trial.
made but instead a party moves for judg-
ment on the special findings, notwitn-
standing the general verdict, the question
is, whether after INDUCING every reason
able inference in favor of the general
verdict the special findings returned by
the jury are so antagonistic to it as to
be absolutely irreconcilable with it and so
complete in themselves as to warrant the
entry of judgment thereon.
3. Where gates have been erected and
maintained by a railroad company where
its road crosses a public street in city
and which to be lowered by gate
man when trains are passing over the
street, the fact that such gates are up
when a person approaches the crossing
is some assurance to him that he can
not excuse him for a failure to exercise
reasonable care for his safety he is not
required to exercise the same vigilance as
E ne would YOU h be at Gre and gaintaineg
4. A traveller approached railway
crossing over a much Travelled street In a
populous city where gates had been bullt
and maintained and finding them open
proceeded to cross the street without look
ing I'D the track where a passenger train
was approaching from the north at an
excessive and unlawful rate of speed and
which he could have seen If he had
looked After starting across the tracks
q freight train came over the crossing
from the other direction and caused him
to stop between the two tracks in space
eight and one-half feet wide After
standing there about fifteen seconds he
was struck by the engine of the passenger
train and killed. Whether he exercised
due care for his own safety in view of
lie conditions existing at the crossing and
under the circumstances of the case or
was guilty of contributory negligence Is
held to be a question of fact for the de-
termination of jury.
All the Justices concurring.
A true COPY.
Attest: .. A. VALENTINE.
TSeal1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-03-11
No. 1909.
J. 3. Vosburg, Appellee,

No. 1909
J. 3. Vosburg, Appellee,
VS..
Atchison, Topeka and Santa Fe Railway
Company, Appellant
Appeal from Edwards County.
AFFIRMED.
Syllabus. By the Court. Burch, j.
The provision of the act relating to the
, to shippers of freight (Gen. Stat. 1909, sec.
1909 which allows shippers to recover at
torney fees in actions successfully prose
cuted under the act does not deny the
railway companies the equal protection of
the laws guaranteed by the federal con-
Stitution because they are not allowed at
torney-fees If they are successful in such
suits, because they are notl allowed
attorney-fees in actions successfully pros
ecuted by them against shippers FOR the
detention of cars contrary to the recipro-
cal provision of the act.
All the Justices concurr1ng.
A true copy.
Attest: D. A. VALENTINE,
lSeall Clerk Supreme Court
No. 1920.
The State of Kansas, rel John S. Daw-
son. Attorney General Appellant,
George lines, S. A Wood, E. Bumgard-
ner, J. t. Constant, and w. E. Higgins,
as the Board of Education Of the City
of Lawrence, and F. P. Smith, as the
the Superintendent of Schools of thu
City of Lawrence, Appellees.
Appeal from Douglas County.
REVERSED
Syllabus. BY the Court. West, j.
1. The uniformity act (chapter 179 Laws
of 1887, Gen. Stat secs. 7S10-7SSS) requires
the use of the same text books In all the
schools, in order to lessen the expense
while insuring the quality.
2. The board of education of a city has
no power to adopt and use in it's schools
other books than those adopted by the
state text book commission, except such
proper books of reference as may rea-
sonably be used such, books of refer
ence being books to refer to in connection
with, but not to use IN place or, the reg
ular text books.
3. 1t was admitted and shown that the
defendants had adopted and were using
other and costlier readers than those pre-
scribed by the commission, practically In
the same manner as if they had all been
regularly and lawfully adopted. Held,
error to refuse an injunction against the
continuance of such practice.
All the justices concurr1ng.
A true copy
Attest: d. A. VALENTINE,
ISeal.1 Clerk of Supreme Court
No 1888
Aetna Mill and Elevator Company APP
peIlee,
Atchison, Topeka & Santa Fe Railway
Company, Appellant.
Appeal from Sumner County.
REVERSED.
Syllabus By the Court. Burch, J
Special findings Of fact returned by the
Jury examined and held to be inconsistent
and erroneous. to the prejudice of the de-
fendant's substantial rights
All the Justices concurring.
A true copy.
Attest: d. A VALENTINE,
ISeall Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-03-11
No. 1S,OSS-
w. B. Willis, Appellee,

No. 1S,OSS.
W. B. Willis, Appellee,
clarence D. Skinner and Harry Gayhart
partners. doing business as The Mer-
Chants transfer & Storage Company
Appeal from Shawnee County.
First Division.
REVERSED.
Syllabus Bv the Court. West. ].
Consistent special findings control the
general verdict when contrary thereto,
but when they are inconsistent with one
another-some showing right TO YER
dict and others showing the contrary-tne
case is left in the condition or pefng
really undecided, and a new trial should
All the justices concurring-
A true copy.
Attest; d. A. VALENTINE,
ISeaLJ Clerk Supreme Court
No. 1908.
The ]. r. Watkins Medical Company APP
pellant,
E. F. Hamm, NJ. F. Jarvis and F. E.
Jarvis, AppelleeS.
Appeal from Cowley County.
AFFIRMED.
Syllabus. By the Court Benson j.
1. Rules governing the apphcatlon OF
payments by the court have no field of
operation when the payments have Ia
ready been appropriated by the parties
2 Where a continuous running account
is kept with one who purchases goods
from orders made from time to time in
pursuance Of a written agreement that he
will sell the goods so purchased and make
weekly reports and remittances, and this
business is continued and the account is
kept in the same manner after the expira-
ton of the time limited in the contract,
without any further agreement the ques-
tion whether remittances made and en-
tered in the account after such period had
expired were applied by the parties upon
the items charged and entered before, or
after that time is one of fact for jury.
q Where the liability of a purchaser
for goods sold on credit Is secured by q
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-03-11

No. COS.
The City of Winfield, Appellee,
Roscoe Bell, Appellant.
Appeal from Cowley County.
AFFIRMED.
syllabus. By the Court Johnston, c. J.
The title of the "Act in relation to roads
and highways" Gaws 1911, CHI 24S), l.
eufficientIy comprehensive to cover the
provisions in the act which imposes a
penaItv on those who are chargeable with
= roIl tax and refuse TO pay the same.
All the Justices concurring.
A true copy.
Attest: d. A: EALENI1NE 4.
TSeal1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-03-11
No. 1892.
Emma Erath, Appellee,

No. 1912
Emma Erath, Appellee,
VS..
W. NJ. Glenn Appellant.
Appeal from Greeley County.
REVERSED.
Syllabus. BY the Court. Porter, ].
l. In an action against a Judgment
creditor to recover damages for lands
sold under a judgment obtained upon
service by publication where the judg-
ment was afterwards vacated under sec.
n Of the former code, the measure Of
DAMAGES is the value of the land at the
time the bona fide purchaser acquired the
right to a sheriff's deed.
2 SEQ. 467 of the old code which au-
tfsorized restitution by the judgment
creditor of the money for which the lands
were sold applied only in cases where the
Judgment was afterwards reversed by
superior tribunal.
An of the Justices concurring.
A true copy.
Attest
[SeaL1 d. A. VALENTINE,
Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-03-11


No. 1891.
Union Pacific Railroad Company, a cor
poration, Appellant,
The Board of County Commissioners of
Leavenworth County, Kansas, ct al,
No. II 992
Union Pacific Railroad Company, cor
poration, Appellant
The Board of County Commissioners of
Leavenworth County Kansas, ct AL
Appellees.
AFFIRMED.
Syllabus BY the Court Johnston. q. J.
1. Although the petition preliminary TO
the incorporation of drainage district
under chapter 215 of the Laws of 1905 in
correctly described the territory intended
to be included in the district, the board or
county commissioners undertook to incor-
porate all the territory and the inhab1t-
ants thereon as drainage district ana 10
make body polite and corporate, ana
the petitioners, the owners of the lana.
the public officers and the district itself
has since proceeded on the theory that all
of the territory intended to be descrlDeo
in the petition constituted a drainage dis
trict and it has since assumed to be a
corporation and its officers have exercised
corporate functions to the extent OF pulld-
ing a levee erecting flood-gate and fssu-
ing bonds to pay for the same and subse-
uentIy levied a tax in payment or the
bonds. HELD, that the d1strlct VIII pe
deemed 10 De COipoi 81 70 - =.
the tax SO levied can not be enjoined De-
cause of the irregularity in the organiza-
ton. 80
2. Where a tax payer encourages the
making of an improvement OF dralnase
district by affirmative action AND, IN
way. induces the officers of the district
to construct a flood-gate and levee upon o
his property at public expense py Wa WIZ
he receives a benefit, he is not IN a posi-
ton to ask a court of equity to enjoin
the collection of a tax levied to pay Ior
The Enforcement because of defects in the
sncorn6retion Of the drainage district
g. The drainage act claws 1905, ch. Ziol
does not conflict with the constitution by
de1eeating or attempting to delegate, leg
;SIati,e novver to the petitioners who ask
for the organization of a drainage district
nor because of the taxing powers CONFER
red upon drainage districts.
All the Justices concurr1ng
A true copy.
Attest: ID. A NALEiN IN II,
TSeaI1 CLERK Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-03-11

r. E. McVey, Appellee,
No. 1902.
r. w. Coates, Appellant.
Appeal from Bourbon County.
REVERSED.
Syllabus By the Court Smith, j.
On the trial of a controverted fact as
to the amount contracted to be paid as a
commission for the sale OF land, each
party pleading and testifying that there
was a definite agreement in reference
thereto but differing as to the amount it
is error to admit evidence that third
party, at some indefinite time prior there
to, had an agreement with the land owner
for the same service and for a commits
sion much less than that claimed by one
party and much greater than that testified
to by the other.
All the Justices concurring.
A true copy,
Attest: d. A. VALEN1l T.,
TSeall Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-03-11
ATTORNEYS At LAW.

HIRAM C. ROOT. Attorney at Law,
Abstract and Real Estate and Probate
law 90 Columbian Bldg. Topeka
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-03-11

d. A. VALENTINE.
Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-03-11

w. F. SCHOCH, attorney-at-law, sI9-
$40 New England Bldg. Tel SOC.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-03-11

D. A. VALENTINE.
Clerk Supreme Court.
The Washington times., 1913-05-30

Thompson of Kansas and Pittnan Of
Nevada. Senator Thompson answered a
direct question by saying that he would
vote for the party measure, making no
discrimination between the sugar and
wool schedules and any other items. He
predicted that rates on manufactured
cotton and woods would be reduced by
the Senate committee.
On Theory.
Senator Pittman displayed a telegram
he had sent to friends in Nevada, in
cluding statement from Chairman
Simmons. of the Finance Committee,
tina: Senator Pittman had pledge1 his
vote to the bill when it first came to
the upper house.
The calculation that forty-nIne Demo-
cratic Senators will vote for the bill be-
fore Ii goes to conference Is based on
the idea that Senators Walsh and New
lands will line up for II.
Circumstances may impel those Sena-
tors to oppose 1t. should II not contain
duty on wool or sugar. but II Is gen.
orally believed they will not carry their
demand for such duties to the point of
voting against the measure.
The Washington times., 1913-05-30
RESINOL QUICKLY
HEALS DISFlCURING
skin ERUPTIONS

Pimples, blackheads. rashes. ring
worm and. worst Of all. that red. itch
ing, scaly torment. eczema. vanish
when you use Resinol Ointment and
ResinoI Soap. Even though your skin
is so unsightIy with eruption that you
shun your friends and your friends
shun you, Resinol is almost sure to
make IL clear and healthy. quickly.
easily and at trifiing cost When you
are tired of wasting time and money
on tedious expensive treatments. get
ResinoI Ointment and Resinol Soap
from the nearest druggist and you will
quickly see why IL has been prescribed
for eighteen years for just such troubles
as yours.
The Resinol treatment works SO gen.
tly. and is so absolutely free from any
thing that could injure even the ten
derest skin. that It is especially valua BILE
for healing the skin troubles Of infants
and children. You can test Resinol
Ointment and Resinol Soap at our ex-
pense. Write to Dept. 2s-S, Resinol.
Baltimore. Nd. and We will send you
generous trial-Advt
The Washington times., 1913-05-30
Mountain Meanings
To Adorn White House

Mrs. Wilson. wife Of the President.
has ordered for a room in the White
House duplicates OF the beautiful weav-
ings on exhibition as the handwork Of
Southern mountaineers. at the head
quarters Of the Southern Educational
Association
Mrs. Wilson IL deeply interested in
the work being done for the uplirt Of
the mountaineers, and, with Mrs.
Thomas r. MaPshall. attended meet
ing. at the Southern building yesterday
Of the honorary board OF the associa-
tior, which was organized May at the
home Of Mrs Claude A. Swanson by
Mrs Martha S. Gielow.
After an address Of welcome to the
hon orery president, Mrs. Wilson. and
the honorary vice president, Mrs. Mar
shall. followed by an explanation of the
purpose of the new board given by Mrs
Gielow. Mrs. Swanson. chairman. rut-
lined the plans for furthering the work
of .he association.