The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-12-09
No. 1A.lH.
James Mcdaniel, Appellee,

was little injury to the land when the
rains were abundant and the volume OF
water in the stream was large but when
the rains diminished and there was little
water in the stream the Injurious eject
Of the sewage and inquiries cast nso
than two years after the sewer system
and refinery were built and in operation
the land owner brought an action Tor
pollution of the stream. Held, that as the
sewer system and refinery were. In their
nature, design and use, permanent struc-
lures and their operation was necessarily
. constant and continuous injury to the
owners land his cause OF action for per-
manent damages accrued when the sew
age and impurities were first deposited in
the stream and not having been brought
within two years from that time his &C.
ton was barred.
All the Justices concurring.
Attest: D. A. VALENTINE.
CSeaL1 Clerk Supreme Court
No. 1880.
Rose L. Rettiger. ct al. Partners. ETC..
Appellants.
Ed. E. Dannelly, ct al. .crhe Empire state
A sgssty t SompNsn so.b ApPSs o1e2y
AFFIRMED.
Syllabus. BY the Court. Smith. J.
where written Il. Is an s
court: U only where cream an ambiguous express
practical Interpretation placed upon II BY
the parties become a question OF fact.
All the Justices concurring:
A true copy.
Attest: D; A. VALENTINE.
ISeaL1 Clerk Supreme Court.
Amusement Syndicate Co. ct al, Appel
lees,
Milwaukee Mechanics ms. Co. Appellant.
Appeal from Shawnee District Court.
& RlS.slFn /!
No. 1S,440.
Amusement Syndicate Co. ct al, Appel
lees.
Prussian National ms. Co.;
Appeal from Shawnee District Court.
MODIFIED
Syllabus. BY the Court. Burch.
A policy insuring the owner OF build
ing used for theater, stores, and OFFICES.
should be rendered yntenabls by fire pro-
built loss should be computed from the
date OF the fire ana should cease when 4
snsh sgans tas he
determined i H by the time which would have
building d::tToysd ~ f ss,,a & eGa1s
Computed eosersa By the Arbitrary rule Of the
policy without taking into account time
FOR proof of loss. time for the removal "
weather occurring in the season following
All the Justices concurring.
(seall Clerk supreme Court.
Burrel Collins Brokerage Company. Co.
partnership. Appellant.
rr.rk M Durr a. A..,enee for the Gar
den City Wholesale Grocery and Fruit
Company. Appellee.
Appeal 1fSP E,nHfy County
Syllabus. BY the Court. Johnstcn. q. =.
l. The capital stock OF a corporation
IL q trust fund for the benefit Of the gem
eral creditors Of a corporation, and one
who subscribes for shares Of stock must
pay for them either in money or In
moneys worth.
be sufficient to support the decision OF
the court refusing the allowance Of q
claim made against an insolvent corpora
ton by one who had turned over property
and credits in payment for shares OF
stock.
Attest d. A. VALENTINE.
IseaLl Clerk Supreme Court
No. 10. 49,
W. w. Harvey. as Receiver, etc.,
/. c. WATSON, ct al. (Mary Edison, aS A0-
ministratrix, ETC., ct al, Appellants: r.
c. Postlethwaite. as Administrator, ETC..
ct al. Appellees).
Appeal from Shawnee County.
(First Division.)
AFFIRMED.
Syllabus B. the Court. Mason. J.
The statute extending to two yearB the
time within which q dormant judgment
may be revived, applies to the situation
arising where a party dies after judgment.
and authorizes the administrator to be
made party at any time within that
period.
All the Justices concurring.
true copy.
Attest: d. A. VALENTINE.
tEeal1 Clerk Supreme Court
No. 1887.
r. F. Chambers. Appellant,
W.
d. H. Bane Appellee.
Appeal from Marion County.
REVERSED.
Syllabus. Bv the Court Henson,
An order made on motion Of defendant
the ground that the garnishee u NOT tn
debted to him. 10 erroneous where the
question of such Indebtedness is pending
for trial upon an issue made between the
plaintiff and the garnishee in proceedings
sections "a 70 24s OF the civil code. cden
Stat. 1909, Secs. 6821-6S41.)
All the Justices concurfing.
Attest: D. A. VALENTINE.
Cseal1 Clerk Supreme Court.
No. 1S45s
william N. Ballard. Appellee.
The Home National Bank Of Arkansas
City. Appellant.
No 1853