davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-04-15
No. IS, 900.
Ella NJ. Ward, Appellee,


Elmer E. Benner and Estella NJ. Breon.
as execurtix of the estate of Mary A.
Benner, deceased.
Appeal from Doniphan County.
MODIFIED.
Syllabus BY the Court. Benson, J.
l. The interest of a devisee in real
estate is subject to attachment although
the will directs the executor to sell tine
property and distribute the proceeds
among the devisees.
2. A clause of a final judgment in an
action wherein the interest of a devisee
in real estate had been attached, allow
ing the executor to sell the attached prop
erty as directed by the will and providing
for the application of the defendant
share of the proceeds upon the judgment
against him, is approved.
8. Where the interest of defendant as
devisee in real estate is attached and
service is made upon him bv publication
only. the court does not thereby obtain
jurisdiction to apply upon the Judgment
rendered against him, his share in the
proceeds of personal property in the
hands of the executor upon which the at
tachment was not levied.
T. The issuance of a temporary In
junction to restrain the disposition of a
defendants interest in personal property,
does not give the court authority to APP
ply such property or its proceeds to the
payment of the plaintiffs claim.
All the Justices concurring.
true copy.
Attest: D. A. VALENTINE,
CSeaL1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-04-15
EGAL

a special question asking the jury to
state in detail the material facts which
the defendant withheld when he consulted
the county attorney as to the bringing
of the prosecution was not error.
A. Special findings will be construed, IL
possible, so as to uphold the general YER
dict, and where there is obscurity as TO
the kind of damages included in the gen.
eral verdict the prayer of the petition is
not absolutely controlling but considera-
ton may be given to the allegations IN
the body of the petition and to the test-
nony introduced in support or them as
we'll as to the instructions given to the
jury.
All the Justices concurring.
A true copy. -
Attest: d. A NALEN1 1 NE,
TSeaIl Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-04-15
WILL FAVOR WILSON.
Republicans Decided Not to Oppose
Democratic Appointments.

Washington, April 15.-Republican
senators at conference today agreed
informally there should be no general
attack on the Wilson appointments.
Several Republican senators urged
strongly that some policy of opposition
be adopted that would embarrass. the
Democrats as the latter had embar-
raised the Republicans in the last ses-
sion when more than 1900 appointments
by Mr. Taft were defeated.
The majority of Republicans at the
conference held the view that such a
course would be unwise.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-04-15
TITANIC CLAIMS in.
In 6S5 Cases Persons Have Asked for
$11,774,6O4 in Damages.

New York, April 15.-The time limit
for filing damage claims against the
ocean steam navigation company ltd,
for loss incurred by the sinking of the
Titanic was extended by United States
Judge Holt today in the case of two
attorneys representing nearly sixty
claimants. One lawyer acting for
seven residents of Switzerland was
given thirty days. The other repre-
senting claims of more than fifty i'm
migrants, was given one week. A to-
tai of S11,774,604 has been claimed
in SIS cases.
No other claims can now be filed.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-04-15

No. 1900.
Dan Foltz, Appellee,
VS..
Carl Buck, Appellant.
Appeal from Butler County.
AFFIRMED
Syllabus. BY the Court. Johnston, C. J.
l. In an action for malicious prosecu-
ton malice is an essential element but il
is not restricted to the personal hatred
spite or revenge of the one who Institutes
the prosecution.
2 In a case where there was testimony
tending to show that the defendant
caused the plaintiff to be prosecuted for
an offense when he did not believe the
plaintiff to be guilty, and that a prose-
cution was instituted for an improper
and wrongful purpose. it was not error.
for the trial court to include in his charge
the statement that the prosecution of
person with any other motive than to
bring the guilty person to justice is in
the law a malicious prosecution
g. The refusal of the court to submit
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-04-15
Prohibits Open Meetings.

London, April ia stringent or
der here prohibiting the Women's So
cial and Political union, the militant
suffragettes society, from holding
meetings in Hyde park, Wimbledon
common and other open spaces in
London was issued today by Reginald
McKenna, home secretary. This step
was taken, the government announced
as a consequence of the recent dis
orders
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-04-15
NO HITS, NO RUNS.
First Sensational Game of Season Be-
tween Louisville and milwaukee,.

Chicago, April 15.-According to
specials from Milwaukee, the first mo
hit, no rum game of the American
Association season of 1913 was
pitched yesterday against Louisville
by Ralph Cutting of the Milwaukee,
team. The official score today gave
Cutting credit for such a game UNI
pires tombstone and Connolly have
agreed that a doubtful hit off Mich
olsons bat should have been charged
as an error
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-04-15
EGAL

circumstances of the case
2 Where an injury has occurred
through the omission of such a warming
When 1t ought to have been given, a re-
coVery on account thereof can not be de-
feated by a showing that it was negIi-
gence for the engineer, being a fellow ser
want to turn on steam while the lever
was being operated by the inexperienced
employee.
All the Justices concurrfng.
A true copy.
AtteSt; d. A. VALENTINE,
lSeaLI Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-04-15
NAMES POSTMASTERS.
President Wilson Sends Big List of
Appointments to Senate.

Washington, April 15.-President Will
son prepared for the senate today his
first batch of postoffice appointments
Scores of minor postmasters recently
agreed on by the postmaster general
and the president were on the list.
many land office appointments were in
cluded. The president consulted sew
eral senator's today about the appoint
mentS.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-04-15
No. 1S,0S1.
"a Ca SillaS Appellee.

No. 1S,US1.
Fred Casillas, Appellee,
The Altoona Portland Cement Company
Appellant.
Appeal from Wilson County.
AFFIRMED.
SYLLABUS BY the Court. Mason, j.
Although the petition and evidence in q
personal injury case might justify re-
covery under the common law, the de-
fenda1t can not be prejudiced by a re-
fusal to instruct upon assumed risk ana
contributory negligence, where the jury
are told that the plaintln can recover ohiE
under the factory act
All the Justices concurring.
true copy.
Attest ID. A. NALENI ~ 4,
GSeaL1 CLERK supreme NourI
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-04-15
NAMES FOOTBALL STAR
5. III. Thompson, Princeton, go, APP
pointed Assistant Attorney General.

Washington. April 15.-Samuel
Houston Thompson formerly Repub-
llcan attorney general of Colorado, has
been selected for assistant attorney
general of the United States before the
court of claims. He was head of the
Woodrow Wilson Rocky Mountain
club, one of the presidents students at
Princeton and member of the famous
Princeton eleven of go
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-04-15
| FGAf :.
Published in The Topeka State Journal
April Is, 1871
SUPREME COURT SYLLABt.
No. Is, 405.s
The State of Kansas, Appellee,

The State of Kansas, Appellee,
VS..
Charles Alexander and FIoyd AIexande,
Appellants.
Appeal from Edwards County.
REVERSED.
Syllabus. BY the Court Benson I
i. The rule that party is not allowed
to impeach his own witness is subject 10
exceptions. Where a witness for the
state had testified on direct examination
to commotion and to the appearances
of wounded man and on cross-exanina-
ton had testified to ordinations made
by the wounded man, testimony of an
other witness for the state that the wit
ness first referred to was drunk at the
time is considered admissible in the dis
erection of the court
2 Where a wounded man coming out
of a stairway from an upper room ex
claimed. I'm shot" and then said. Take
me home,'' and being asked who shot
YOU gave the name of one of three
persons who were with him in the room
Immediately before the shooting. and the
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-04-15
No. 1S,06s

Alonzo Smethers, Appellee,
l.. NJ. Lindsay and w. S. Lindsay. An
pellants.
Appeal from Greenwood County
AFFIRMED.
Syllabus. By the Court West 7
The rules that a finding or determine
ton by the trial court supported by COM
petent evidence must stand. that a tender
Is unnecessary when its futility is shown.
and that part performance and possession
take an oral contract for the sale of real
estate out of the operation of the statute
of frauds-followed.
All the Justices concurring
A true copy.
Attest D. A. VALENTINE
lSeaL1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-04-15
..SouthpaM,, Pitcher to nnnver

Chicago, April 15.-Mel Wolfgang, a
right handed pitcher, who came to the
Chicago Americans by draft last fall
from the Lowell team of the New Eng
land League. was released today to the
Denver club of the Western League.
The terms of the transaction were not
announced
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-04-15
No. 1S,09S.
Joseph Temper, Appellee,

Joseph Temper, Appellee,
joplin & Pittsburg Railway Company.
Appellant.
Appeal from Cherokee County.
AFFIRMED
SYLLABUS. BY the Court West, J.
l. One who carelessly sits down upon
the ties of an interurban electric railway
track to await the arrival of car is not
continuously and concurrently negligent
by reason of becoming unconscious from
sleep or coma and thereby unable to
avoid injury from a car wantonly run
upon him.
. motorman who sees and realizes
the helpless condition and peril of such
injuring him, but recklessly runs it upon
and over him without attempting to stop
until almost upon him is guilty of wanton
negligence, rendering his employer lab
for such injury although he does not run
over him wi1fullv and Intentionally.
s. The company pleaded contributory
negligence in sitting down and remaining
upon the tracks knowing that a car would
soon pass, and the court having instruct
ed correctly as to concurrent negligence
and last clear chance. charged that if the
deceased was guilty of carelessness con-
l4nuing down to the time of the negligence
of the defendant. if any. which con-
tributed to the injury, there could be no
recovery unless the defendant came with
in the exception to the rule precluding the
defense of contributory negligence. Held,
properly applicable to the defense
pleaded.
All the Justices concurring.
true copy.
Attest: D. A. VALENTINE,
ISeaIl Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-04-15

points that will mean a large saving
to manufacturers of these implements
in the course of year.
The reduction is two cents per hun
dred pounds on car load shipments.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-04-15
No. 1903.
Ralph r. Cain, Appellant,

No. 1S,0I9.
Ralph r. Cain, Appellant,
VS.
e. NJ. Perfect, Appellee
Appeal from Labette County.
REVERSED.
Syllabus. BY the Court Burch J.
l. A civil action for the recovery of
damages resulting from libel published
in another state may be brought against
a nonresident of this state I'm any coun-
ty in which the defendant has property
subject to attachment. (Civ. Code, sec. 50
Gen. Stat. 1909 sec. 5646.)
2. Under section 100 of the civil code
Gen. Stat. 1863, sec. 57S3 as amended by
CHI. 231, Laws 191D the plaintiff in civil
action for the recovery of money may
have an attachment against the property
of the defendant on the ground that the
defendant is a nonresident Of this state.
although the cause of action arose oX
delicto and in another state.
3. 1t is not essential in order that the
plaintiff may have an attachment that
the damages claimed should be capable
of definite estimation that the affidavit
may state them with approximate GER
tainty. 1t is sufficient If the action be
one for the recovery of money and the
affidavit state the nature Of the claim,
for example, damages for libel, that the
believes the plaintiff ought to recover.
(Civ. Code. secs. 100, 191, Gen. Stat laon-
secs. 57S3, 57S4.)
All the Justices concurrinG.
Attest: d. A. VALENTINE.
ISeaL1 Clerk Supreme Court
No. 1909.
In The Matter of The Estate of ]. H.
Aid, Appellee,
VS..
w. L. Appiing. as Guardian, ETC.. Az
+ pe1lant.
Appeal from Sedgwick County.
division No p
e.ss AFFIRMED.
Syllabus. By the Court. Johnston, G. j.
J. An appeal may be taken from de-
cision of the probate court adjudging thai
a person is OF feeble mind and incapabi
of managing his affairs and appointing
guardian for his person or estate.
Q The clause in section 1852, General
Statutes of 1909. providing that appeals
taken in any matter arising under that
act sail be upon the same terms and
conditions as are appeals under the pro-
visions of the act respecting executors
and administrators, refers to the time
and manner of taking appeals and not To
the grounds of appeal or to cases in
which an appeal may be taken.
.. Where appeal bond In proper
form and of approved security is rendered
to and received by the probate Judge within
the time prescribed for taking appeals
and is placed by him among the files in
the case without endorsing 1t as filed, "
is filed in contemplation of law.
All the Justices concurring-
true copy.
Attest: d. A. VALENTINE,
ISeal1 Clerk Supreme Court.
additional Syllabi on pages 10 and Ill
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-04-15
McCarty-Moran Fight.

New York, April 15.-Luther Nc
Carly who claims the heavyweight
Championship and Frank Moran of
Pittsburg, were matched today to fight
ten rounds here on April 80. McCarty
received a guarantee of $4,000.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-04-15
Oil Prices Go I'm.

F'indlay, O., April 15.-The Ohio
Oil company today added five cents
a barrel to the price of oil that COM
pany purchases making Illinois and
Princeton $780,; North Lima $1.39;
South Lima and Indiana $1.34 and
Wooster $1.91.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-04-15

The promotion committee of the
Commercial club decided to continue
the quiet campaign for subscriptions
a few days longer before putting the
factory aid plan into operation.
Slightly more than $4,000 has been
raised.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-04-15

The Ladies' Auxiliary to the S. w.
of n. A. will give their first annual
ball at Music hall on Thursday even
ing April IT. Tickets 50c.-Adv.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-04-15

The Topeka Traffic bureau has been
successful in procuring a reduction in
rates on agricultural implements
manufactured in Topeka to St. Louis,
Chicago, st. Paul and other eastern
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-04-15

Lace curtains to launder. May Toylor
1912 Topeka ave. 1916 R.-Adv.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-04-15

Safety razor blades sharpened bet
ter than new, 25c-35c dozen. Brun
Drug Co.-Adv.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-04-15
LOCAL MENTION.

Free 81 extra pants with every suit
To order SIS. This week only. Glasgow
wooden Mills, 729 Kansas ave.-Adv.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-04-15
No. Is, lib.
J. T. Brock. Appellee,

No. 1918.
J. T. Brock. Appellee,
George Francis, Appellant.
Appeal from Montgomery County. .
REVERSED.
Syllabus. BY the Court West, j.
An injury occurred May II, 1904. A pc
tition. in action to recover DANA ges
was filed May g. 1906, and a summons is
sued on that day was served May IL,
answer day being June s. June the
defendant filed a motion to set aside the
service on the grounds that no summons
had been issued and served as required
by law and that the pretended summons
was void. July z, this motion was con-
feSsed. Alias summons issued Oc-
tober 1, but service was not had until Oc-
tober. 10. Held that the action was not
begun until the date of the last mentioned
summons. The Bank of Topeka V. Clark
SO Kan. S64, n Pac. 80 distinguished.
All the Justices concurring:
A true copy.
Attest d. A VALENTINE.
ISeaL1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-04-15

Orr & Condor have just gotten a new
and full line of all kinds garden and
grass seeds. 500 w. 10th.-Adv.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-04-15

Shines sc, Sundays and holidays
Best equipped parlor in city. Ameri-
can sinners. SIS Kansas ave. Joseph
Erdle, Prop.-Adv.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-04-15

The Washburn freshmen baseball
team defeated the seniors Monday, af-
ternoon Is to Z.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-04-15
JAPAN IS AROUSED
Public Meetings Call Forth
Criticism Against u. s.
Call California Legislation 'In-
suit to Nation"

Toxic, April 15@Japanese official
circles are now inclined to the bel1ef
that nothing they can do will have any
eject in averting the projected land
ownership legislation of California. AS
soon as the bill has passed. however,
application will be made to the federal
government of the United States for
extension of naturalization rights to
the Japanese Otherwise the Dill, II
is declared. will be a discrimination
against Japan.
Public meetings of protest and rep
reSentation to the American embassy
here have been innumerable but the
feeling of hopeleSsness is pronounced.
The newspapers call attention to the
''Humlliating insult to a nation which
though high spirited and proud has
gone out of its way to maintain the
most friendly relations with the United
States"
American residents of Toxic and
Yokohama, who are members of the
peace society, held a joint meeting to-
day with the japanese members at
which a resolution was passed strong
ly urging the Californians not to pass
the land ownership bill.
The resolution said the passage or
the Californian land bill WI ld great
ly damage American prestige for fair
play, and begged the Californian leg
islators to pause and investigate. Be
lief was also expressed that the pas
sage of the bill would work injustice
to the Japanese and be injurious to
American commerce besides creating
a painful situation for American res
idents in Japan, who always have been
recipients of courtesy and protection.
Wilson to Meet Japanese Ambassador.
Washington, April 15.-PreSident
Wilson arranged to meet the japanese
ambassador at the White House late
today. 1t was believed the ambassa-
dor sought the interview to convey to
the president the latest views of the
Japanese government regarding
California land laws.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-04-15

For painting, wall paper and dec
Grating, call Lawson & Rausch, 20
w. Seventh.-Adv.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-04-15

Out-of-town orders will receive
careful and prompt attention. Try
an order. See how much we can
save you.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-04-15

Charging that her husband has
failed to furnish her with clothing
and has compelled her of necessity to
work as a clerk in various stores to
earn her living, Edith Taylor this
morning filed suit in the district court
for divorce from Perry Taylor. They
were married April 1. 1909, the plain
tiff says. Besides a decree, she asks
that her maiden name, Edith Eddy,
be restored to her.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-04-15
No. 1S,0S7.
rie Carter, Appellant,

No. 1S,0S7.
Arie Carter, Appellant,
VS.,
BENJAMIN Carter, Appellee
Appeal from Shawnee County.
Div. 2
AFFIRMED.
Syllabus By the Court. Porter. ];
j. Chapter 1874, Laws of 1907; entitle1
Of divorce and defining the faith and
credit to be given them" was never a
mart of the code of procedure and was
not repealed by the revision OF the cooe
in 1909 90 ~
3. Mccormick V. Mccormick, 81 KAN
81 -1o7 Pac. 546. and Miller as Guardian V.
that toe demurrer to the reply was rightly
sustained
All the Justices concurring.
a+tast. d. A. VALENTINE,
1SesI1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-04-15
too LATE TO 81 ASslFY.

WANTED-A man with some experience
in house cleaning CAN 1894.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-04-15

1t will pay you to get our estimate on
that lumber bill. ]. Whelan & Co., 4th
and S. F. tracks. Phone S65.-Adv-
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-04-15
No. 1s,077.
w. E. Sterner, Appellant,


w. e. Sterner, Appellant,
vs..
B. III. Issitt, Appellee.
Appeal from Dickinson county
AFFIRMED.
SYLLABUS BY the Court. Johnston, C. j.
The expression, Look Out, uttered Dy
the driver of a horse and buggy 10 the
operator of an automobile on approaching
tha automobile in a public highway VIII
ont any accompanying signals or attend
;ro circumstances which might affect the
meaning of the words can not be regarded
as a request to the operator OF the auto
mobile TO stop and remain stationary
within the meaning of section 4oZ, General
statutes of 1909 and in such case the
meaning of the expression is question
for the determination of the courts.
All the Justices concurring-
A true copy. -
Attest: ID. A. NAbri4N ~ =,
rSeaI1 clerk Supreme Court.
Thomas J. Seward and Isabelle Seward,
Appellees,
VS..
The Kaw Valley Ice and Cold Storage
Company, Appellant.
Appeal from Shawnee County.
Division No. J.
AFFIRMED.
SYLLABUS B. the Court. Mason. J.
l. Where lever. designed for use iii
ned on dead center, is so attached that
If used while the wheel is in motion it
NAV become dangerous to the person
using it, and the custom has been for the
engineer to turn on the steam to aid III
the operation the question whether. IN
ployer ought to warn an Inexperienced
employee of such danger before directing
him to operate the lever, is ordinarily one
of fact to be determined under all the
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-04-15

d. A. VALENTINE,
Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-04-15

additional syilabi on pages 10 and III
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-04-15
Some Regular Items

Pickles, full quart jars. White Onions
DiIls. Chow Chow, Sweet Gherklns,
ETC., jar .-.--
SAM Flush, for cleaning vaults,
South Bend news-times. (South Bend, Ind.) 1913-1938, 1913-09-08

Here are two of the gowns that will
be fashionable for evening, informal
evening an afternoon functions dur
ing the coming season. One of them
is a lace gown into which a note Of
originality has been introduced.
1t is developed in pale turkey corn
silk veil slipped" with silk Alencon
lace. The small kimono bodice is
opened in ''V'' in the middle front
over a pale-turkey corn chiffon waist
coat trimmed round the neck by the
new outstanding pieated frill Of the
same material which is exceedingly
becoming.
The half-long sleeves are also fin
ished by two small frills of the same
chiffon.
The kimono Is totally yelled with a
wide AlencOn lace.
The waist is frightened with a high
draped Pampadour taffeta ribbon with
Empire green ground. The same rib
bon makes two long sash ends and
is knotted half way in a huge bow.
The underskirt is a plain pale tur-
key-cOrn silk finished at the hem by