davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-06-11
No 1S-I6.
James S. Patrick, Appellee,

Henry W. Johnson, ct al. Appellants.
Appeal from Haskell County.
AFFIRMED.
Syllabus. BY the Court. West J.
To relocate and remove a county seat
where buildings costing at least ten thou
sand dollars have been erected for county
seat purposes, OF when such county seat
has been eight years or more continuously
a any one place by vote of the electors of
the county. three-fifths of the legal cleo
tors voting on the question of relocation
must vote in favor thereof but it is not
essential that three-fifths of those whose
names appear on the registration list
shall thus vote.
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
d. A. VALENTINE,
Clerk Supreme Court.
No. 1910

I644U.
In re application of j. W. Hollinger for
Writ of Habeas Corpus
(Helen Eldredge, Respondent.)
Original Preceding in Habeas Corpus
Writ Allowed.
Syllabus. By the Court. Mason L
l. parent who is a suitable person
Tor the purpose is entitled to the custody
OF a child as a matter of right as against
any one not its parent, irrespective of the
question whether it might be better pro-
Vlded Tor by some one else who is willing
to assume the obligation.
z Upon the death of a parent to whom
upon the granting of divorce the GUS
tody or a child has been awarded, the
right to its custody accrues to the other
parent If a suitable person for that pur-
pose.
All the Justices concurring:
true copy.
Attest: d. A. VALENTINE
lSeaL1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-06-11
No. 1853.
S. C. Holmes, Appellant,

S. C. Holmes, Appellant,
]. c. Culver, ct al, Appellees.
Appeal from Woodson County.
REVERSED.
Syllabus. BY the Court. Burch, j.
1. An action to establish the existence
of partnership between the plaintiff and
the defendant, to establish the plaintiff s
interest in property claimed to belong to
the partnership, and for accounting is
not one for relief on the ground of fraud
and is not governed by the statute of lin
itations relating to actions of that char
acter.
>. The rules of law stated in Yeamans
V. James. q Kan. 1876, relating to the pur-
chase by an attorney from his client of
the subject matter of his employment,
approved and applied
5. The evidence for the plaintiff exam
ined and held to be sufficient as against
a demurrer to it interposed by the de-
PENDANT
4. Although the code does not SO re-
quire, good practice requires that when
demurrer to the evidence is sustained the
court specify what the defect in the proof
is, If an essential fact has been omitted,
and what its view of the law is if the
question be as to the law which governs.
All the Justices concurrtng.
A true copy.
Attest: D. A. VALENTINE,
[SeaLl Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-06-11
LEGAL

cution of the appeal and may likewise
provide for the temporary custody of chill
dren until the determination of the ap-
peal.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE.
ISeaI1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-06-11
.E:(;A[.

made. and after his wife's death the nus
band obtains title to the property by an
action in the nature of one for specific
performance, he is not chargeable with
an inheritance tax with reference thereto.
All the Justices concurrtng.
A true copy.
Attest: d. A. VALENTINE,
{SeaLl Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-06-11
No. 1851.


The Northrup National Bank, Appellant,
The Webster Refining Company, ct al,
AppelleeS
Appeal from Allen County.
AFFIRMED.
Syllabus. By the Court smith, j.
To entitle an appellant to a review of
a judgment based upon the report OF a
referee and to attack the findings of fact,
it is necessary that a motion for new
trial should have been filed in the trial
court
Ali the Justices concurring.
A true cony-
Attest D. A VALENTINE,
TSeaI1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-06-11
D. A. VALENTINE,
Clerk Supreme Court.

No. 1921.
The Kansas Milling Company, Appellee,
The Kansas Flour Mills Company APP
pellant.
Appeal from Sedgwick County.
division No. II
REVERSED.
Syllabus. By the Court Mason, j.
1. In order for a corporation which has
built up a business under its name, which
includes a descriptive geographical term.
to be entitled to enjoin a new company
from engaging in the same business IN the
same locality under name SO similar
that reasonably intelligent and careful
customers will naturally be misled. it is
not necessary that an intent to defraud
2. Whether the name adopted by new
corporation, embodying a descriptive geo.
graphical term, is SO similar to one under
which a business has already been estab-
liShed, a. to warrant an injunction against
its use, depends upon the character of the
business and it's relation to the geo
graphical term, but when these are de
termined the question becomes one of law,
turning upon the likelihood of deception
able care.
g. Although 1.-THE Kansas Milling Com
pany." engaged at Wichita in the manu-
facture and sale of flour, has built up
der that name a business extending
throughout the Union and to foreign
countries, it is not entitled to restrain
new corporation, owning flour mills In
several other cities, from engaging in the
same business, with general offices at
Wichita, under the name -Ihe Kansas
Flour Mills Company" where steps
have been taken by the new company to
increase such confusion as might natural
" result from the similarity of the names
4. In that situation the printing by the
new company upon the sacks in which it's
flour is sold of its name. followed by the
words General Offices, Wichita, Kansas
does not amount to an implied representa-
ton that its product is manufactured
there.
All the Justices concurring.
A true CODY.
Attest: D. A VALENTINE.
rSeaI1 Clerk Supreme Court
No 1929.
Helen F. Ryan and Decotah s. Ryan
Appel1ees,
William J. Cullen, ct al, Appellants
Appeal from Leavenworth County
REVERSED.
SyIIa bus. BY the Court West r
/. In an action by certain heirs and
devisees to set aside an alleged title held
by the principal defendant and for parti-
ton it was averred that certain parties
permitted or procured such defendant to
take out tax deeds and that one of the
heirs and devisees afterward, with her
husband pretended to convey to him. but
that such deeds were void for n1ala fides
and for other reasons The defendant
declared upon the same Instruments
alleged their validity and prayed to have
his title quieted- Held that in this con-
dition of the pleadings the execution OF
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-06-11
No. Is, 462.
The State of Kansas, Appellee,

NO. is, 1852.
The State of Kansas, Appellee
&c. C. WILCOX, Herman c. Ericsson, and
Cory Black, Appellants.
Appeal from Shawnee County.
Syllabus. BY the Court Porter. ].
l. Where copies of affidavits which plIr-
port to have been sworn to before a mo-
tary public on a certain date are attached
20 an information which charges a GRIM
1nal libel based thereon the Information
sufficiently sets forth the manner and
time of the publication.
z. In prosecution against several mar
sons Tor criminal libel evidence of pub
icatlons made subsequent to the one re-
lied upon by the state. which appear to
nave been so connected with the main
purpose as to make them parts of the res
gestae are admissible as proof of malice
and where it is claimed that the several
de1endants conspfred and confederated to-
Sether Tor the purpose of committing the
oHense such evidence is admissible as
tending to establish the conspiracy
d The general rule that communica-
tions made to a prosecuting officer are
privileged when made in good faith in the
prosecution of an inquiry regarding a
be successfully invoked by the defendants
IN an action for criminal libel where the
onlInunlcatlons We're made to the prose-
cuting on1cer In furtherance Of q con-
sp1racy to commit an indictable offense
l. Under the facts stated in the opinion.
the question of qualified privilege became
mixed question of fact and of law: and
the court properly admitted evidence of
the communica tons and submitted to the
jury the question whether the same were
privileged, admonishing them that thew
should wholly disregard the communica-
lions unless they found from the evidence
that when the communications were made
10 the prosecuting officer the defendants
knew them to be false and knew thai no
offense had been committed, but made
them as part of a plan agreed upon be-
tween themselves to bring a false and
baseless accusation against the libelIee
D. In this case it is held that there was
no violation of the general rule which re-
cures that before the acts and declara-
tfons of one of the alleged consnira tors
may be proved pTima facie showing of
a conspiracy must be offered
All the Justices concurring except West,
j., who did not sit.
A true copy.
Attest: d. A VALENTINE,
tSeaLI Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-06-11
No. 1904.
The City of Emporia, Appellee

No. 1904
The City of Emporia, Appellee,
The Emporia Telephone Company. APP
pellant.
Appeal from Lyon County.
REVERSED.
Syllabus BY the Court. West, J..
order and temporary injunction is main
ly in the effect produced. An order which
in effect ties the hands of a going concern
operating a public utility until final hear
ing, should be deemed a temporary IN
junction from which an appeal will lie.
,. telephone company located in city
of the second class, operating exchanges
and toll lines in the county and In four
adjacent counties and in six other towns
using 123 miles of line and 81 miles of toll
line with 24O0 stations in such city and
600 elsewhere, nearly one-fifth in value
of it's property for taxation being outside
of such city, is within the provisions of
section of chapter 33S of the laws of
1911 and subject to the control of the pub
lie utilities commission.
3. Pending a continued litigation be-
tween such city and telephone company
to prevent the latter from increasing its
rates under ordinance passed but not
vet in force, application was made to the
public utilities commission and an order
was made by that body permitting an in
crease. The trial judge thereafter tenn
porarily enjoined the company from
charging such increased rates. Held,
error
All of the justices concurr1ng.
A true copy.
Attest: D. A. VALENTINE.
lSeall Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-06-11
No. 1885.
w. Taylor, Appellee,

w. Taylor, Appellee,
VS..
Alfred Adams Appellant.
Appeal from Stevens County.
AFFIRMED.
Syllabus. BY the Court. Benson J.
l. The burden of proof to show want of
consideration in a conveyance in the chain
of title, produced in evidence by a plain
tiff under which he claims to own land
which is the subject of the action. is upon
the defendant whose right to the land is
based upon tax deed.
Where deed when executed, is
blank as to the grantee and the blank is
afterwards filled by an agent with the
name of his principal for whom he pur-
chased the land, and the grantor does not
repudiate the deed. or claim any interest
in the land. but expresses satisfaction
with the transaction, the deed is sufficient
as against the holder of a defective tax
title in possession.
3. The rights of a tax title holder are
statutory and not equitable. Following
Harris " Defenbaugh. 81 Kan. rs. 109 Pac
6S1.)
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
D. A. VALENTINE,
Clerk Supreme Court.
No. 1920.


Board of County Commissioners. Ap-
pellees.
Appeal from Sumner County.
AFFIRMED.
Syllabus. BY the Court. Burch, J.
Under the act fixing the salaries of
county superintendents of public instruc-
ton I.aws 1911, CHI. 2T9), the superintend-
emit in counties containing more than 1850
persons of school age. exclusive of those
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-06-11
No. 1928.
:. W. HeatOn, Appellee,

No. 1928.
F. w. Heaton, Appellee,
The ST. Paul G. Marine Insurance Com
pany, Appellant.
Appeal from Seward County.
AFFIRM ED.
Syllabus. BY the Court. Porter, j.
L. The circumstances in evidence are
held sufficient to support a judgment to
the effect that the death of an animal was
caused by lightning.
All the Justices cOncurrlns.
A true copy.
Attest: D. A. VALENTINE,
[SeaL1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-06-11
D. A. VALENTINE,
Clerk Supreme Court.
No. 1928.
J. A. Smith, Appellant,

No. 1928
J. A. Smith, Appellant,
VS.
Ida c. Hensen. ct al, Appellees-
Appeal from Greenwood County.
REVERSED.
Syllabus. B. the Court. Mason. J.
1. Where a testator does not in terms
devise his real estate to any one, but
directs that his executor sell it and divide
the proceeds among his children, no equit-
able conversion into personally results,
but each child upon the death OF the tes-
tator becomes the owner of portion OF
the real estate, to which the lien of a
judgment against such child will attach.
2 Although a judgment creditor may
have a right to sell upon execution the
real estate belonging to his debtor, yet
where the record title is in some one else
a proceeding in equity may be maintained
in advance to determine the true owner
ship.
All the justices concurring.
A true copy.
Attest: D. A. VALENTINE,
[Seall Clerk of Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-06-11

Theodore Hartz, Appellant.
F. o. Fits, Appellee.
Appeal from Greeley County.
FECT RNED

Appeal from Greeley county.
AFFIRMED.
Syllabus BY the Court. West, j
L A mortgage on real estate was as
signed on its margin To :. in 1887 by the
mortgagee-a copartership or company.
In July, 1902, s, by a separate instrument,
assigned to L. and the tw1 assignments
were shortly thereafter recorded. L. fore
closed in 1904 making the original owner
and H. the holder of the fee subject TO the
mortgage, defendants serving the latter
by publication, and took a sheriff's deed.
A member of the mortgage firm, after
1t had made an assignment for the benefit
of creditors executed to the one then
which release was recorded in 1894, the
record failing to show a seal of the
knowledging officer. H. more than three
years after the foreclosure sued a subse-
quent grantee of L. to quiet title. Held
that he is not entitled to the relief prayed
for.
? Certain erasures and changes in the
notice. order of sale and order of con-
firmation, made after the decree to cor
rect a clerical error. being called to the
attention of the court in which the fore
closure had. the only penalty in
flicted was to set aside the sale. Held,
such ruling will not be disturbed.
B. In reviving d judgment against a
nonresident defendant the law is salts
fled by publication service and does not
require nor tire courts insist upon
actual notice to local counsel
All the justices concurring.
A true copy.
Attest: D. A VALENTINE,
tSeal-1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-06-11
No. 18025.
John Murphy, Appellant,

Paramount Township ct al, Appellees.
Appeal from Leavenworth County.
REVERSED
Syllabus. BY the Court. west J.
The commissioners of highways are
vested with power to exercise their iIldg-
ment and discretion in planning and con-
structing a culvert. But when such Gull
vert has been constructed with an OPEN
ing insufficient that surface water is
thrown back upon the land of an AUDITING
owner to his repeated damage, rendering
the structure continuing nuisance, il Is
the duty of such commissioners upon
proper notice and demand to abate the
same by remedying the defect and upon
failure they will be required so to do
by judicial action.
All of the Justices concurring.
A true copy
Attest: D. A. VALENTINE,
tSeaI1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-06-11

No 1883.
Caroline Maerz Offenstein, ct al, APP
pelleeS,
Hymeneus Weygandt, Appellant
Appeal from Sedgwick County.
Div. No. l.
REVERSED.
Syllabus. BY the Court. Porter, j.
1. The assignment upon a separate pa
per of a partial interest in a mortgage
does not operate as negotiation of the
Instrument or the C@bt secured thereby
so as to render the transferee a holder in
due course. Negotiable Instrument law,
sections 1884, 52S5 Gen. Stat. 1909
?. Where such a partial assignment mas
been made and filed for record and there
after the note is paid in full n the payee
who sure 1oerS it and the mortgage 10
the payers they cannot maintain an action
against him to recover that part of the
payment represented by such transfer.
All the Justices concurr1ng.
A true copy
Attest: d. A NAl4ENIlN Il,
TSeaL1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-06-11

No. 1928.
The Winfield Mortgage & Trust Company,
a corporation, Appellee,
VS..
w. c. Robinson, Appellant.
Appeal from Cowley County,
MODIFIED.
Syllabus. BY the Court. Johnston C. J.
l. A president of a corporation is not
the ordinary duties of his office in the
absence of previous agreement or au-
thorization by the board of directors.
2. The employment of counsel in behalf
of the corporation and the directing of
litigation in which it is interested is one
of the ordinary duties and powers of a
president of corporation.
8. Where a president of corporation
Institutes and carries on litigation in it's
behalf in which money is recovered and
there arises a bona fide dispute between
him and the corporation to what ex-
penses of the litigation shall be paid out
of the fund and also whether he is en-
titled to retain compensation for his SER
vices in connection with the litigation
and an action is brought against him to
recover the money withheld in which
some of his. claims are upheld and others
disallowed. and there is no vexatious or
unreasonable delay in the payment of the
money he is not liable for interest on
the money so withheld.
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
D. A. VALENTINE.
Clerk Supreme Court.
No. 1S7O7.


In re Harley Gano, Petitioner.
Original Proceeding in Habeas Corpus.
PETITIONER RENAMED.
Syllabus: BY the Court Johnston. C. J..
1. Ordinarily an error committed in
overruing a plea of former jeopardy does
not entitle the prisoner to a discharge IN
habeas corpus, but it must be corrected
on appeal
3 The petitioner was prosecuted upon
an information charging him. in a single
count, with breaking and entering a build
ing used as a shop and dwelling house
with intent to steal and also with stealing
certain property found therein Before the
commencement of the trial a motion OF
the petitioner to quash the Information
was sustained as to the charge of larceny
and overruled to burglary. After the
trial had begun on the charge of burglary
the petitioner renewed his motion to
quash that charge which was sustained
and the jury discharged. Subsequently a
second information was filed On the same
charge under which the petitioner was
convicted of larceny. His plea of former
jeopardy oVerru1ed. Held, that the
commencement of the trial on the charge
of burglary, if jeopardy did then attach,
was not a bar to a prosecution for
larceny. which is an independent and
separate offense
All the justices concurrfng.
A true COPY.
Attest: D. A. VALENTINE,
iSeaLl Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-06-11
D. A. VALENTINE.
Clerk Supreme Court.
No. 1924
C. O.Paul, ct al, Appellees,

No. 1924.
C. O.Paul, ct al, Appellees,
VS..
J. NJ. Lingenfelter, Appellant
Appeal from Sumner County.
REVERSED.
Syllabus. By the Court. Porter, J.
L Unrecorded title notes, where the
property remains in the possession of the
purchaser, are absolutely void as against
an attaching creditor of the purchaser
Notwithstanding the fact that such cred
itor has actual notice of the title notes..
2 The case of National Bank ". Tufts,
(53 kan. 10; 81 Pac. 120 overruled.
All the Justices concurring.
A true copy.
Attest: d. A VALENTINE,
TSeal1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-06-11

d. A. VALENTINE,
Clerk supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-06-11

d. a. VALENTINE.
Clerk supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-06-11

The Winfield Mortgage & Trust Company
a corporation, Appellee,
Amarillo daily news. [volume] (Amarillo, Tex.) 19??-current, 1913-07-02

PERI. Ind, July l. Uncle
Ben Wallace. reputod 10 be- the
wollihicst circus man IN the world.
forever quit the show business to-
day, when his controlling interest in
the Ilagonbeck-Wallacc shows was
transferred TO a newly formed cor
poration known as the United sta
ies Amusement Company Wallace
entered the circus business more
Than q quarter OF a century ago and
has been on the road ever season
since without intermisslon. His
home and the winter quarers OF his
circus are IN Peru The veteran
Snowman Is said TO be the only man
who ever successfully bucked the
circus trust " The corporation
which takes over the Wallace show
II composed 81 capitalists IN Chica-
go. Kansas city. indianapolis and
Davenport, Ia \ 1.-THE head OF the
corporation is John q. Talbot. for
merly a Eewsboy In indianapolis and
now a millionaire.
Amarillo daily news. [volume] (Amarillo, Tex.) 19??-current, 1913-07-02
SPLENDID CORN AND
MILO MAIZE CROPS


Special 10 The News
PLEMONS. Tex, June 80 Some
farmers mp the Canadian river have
corn shoulder high. Milo maize
aud kafir seem To be- doing well
whore showers have fallen. The
range about Plcmons was never In
better shape As result much cat
tie rs being brought in from the
south.
The grape crop gives promise of
being the largest in the history ol
the county Vineyards on the south
and north sides of the river are put
ting on fruit a. an accelerated clip
and an of II Is rounding finely and
firmly The wild-plum crop will be-
without fruit this year The cater.
pillar got in his work early and
stripped the trees of their foliage.
Alfalfa In the lowlands Is doing un.
usually well and proving up ado
puatoly
Amarillo daily news. [volume] (Amarillo, Tex.) 19??-current, 1913-07-02
INTERESTING NEWS ITEMS
FROM THRIVING PLEMONS


Special 20 The News.
PLEMONs. Texas, July County
Judge Ben II Wickwarc Is on a va
cation OF several weeks 10 his old
home At Rusk. and h reported to
have RESIGNED his position as post
master At thb point. for which a
competitive examination viii be held
At Panhandle to select qualified
successor The plcmons p0stoffice
paid slightly more than $500 last
fiscal year
The tax rolls Of the county have
been gone over and shows that some
ttjuo more are being paid this year
in taxes than we're paid last year.
Col Champ Traylor. the real as.
tate man, leaves Wednesday ON a
business trip 10 Amarillo lie has
Just returned from an extended visit
to daughter In Bertrand. Okla.
The river Is receding slightly daily.
The swlshing water now runs against
the north bank. caying of much
bank The Plomons-pahhandln road
just across the river from Plomons is
SO badly cayIug that new road win
have 10 boz cut through a difficult MIN
The local pulpit was supplied sun
dag night by Rev w. II Wright.
who preached his farewell sermon
! The Plrmons circuit will likely bc
divided between the Panhandle N1rS
and one OF the works In IIarsiord CT
adjoining cour'ios.
An preparations have been made
10 make July fourth the bmn"c DAY
IN the county. Plenty OF ba,bocq.
baseball games. balloon as,cusicrs.
etc.. will attract large conHD'rs"s OF
people from % cr he country
j NJ Grow of near lsom. has pur-
chased REQ auto. receiving 80 Z
| for the markers" ON the rear