The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-04-15
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the goods, and to make sales in the usual
course or business, without applying the
proceeds to the debt and this course was
followed, the mortgage was thereby rem
dered invalid by conduct in which the
surety participated and he can not escape
haolnty on the note by showing that with
out his knowledge the mortgage had been
withheld from record, and that it had
peen held to be void as to creditors by a
court OF competent jurisdiction. as a re-
suit of which the note remained unpaid.
z Where the jury are asked whether
1t was the intention that a mortgagor
OF stock of merchandise should remain
in possession, selling the goods and using.
the proceeds as he saw fit, and answer:
Yes; to carry on in regular way" this
reply is to be construed meaning that
the intention was that the mortgagor
was to carry on the business in the usual
way. selling the goods and disposing of
the proceeds as he saw fit; and this not
withstanding such construction results in
a conflict between the finding and the
general verdict.
All the Justices concurring except West,
J., who did not sit.
A true copy.
Attest: D. A. VALENTINE.
[SeaL1 Clerk Supreme Court.
The State of kansas, ex rel John 5. Daw-
son. Attorney General, Plaintiff.
vs..
The Anthony f Fair Association. De-
Original Proceeding in Quo warranto.
DEMURRER OvERRULED.
Syllabus. BY the Court. West, J.
/. Ordinarily, book making and pool
selling by which bets horse races are
recorded and tickets sold showing the
purchasers proportion of the money won
on such races constitute gambling, and
the place where it is carried on is
nuisance.
2. Fair Association chartered by the
state under authority of the statute to
form private corporations for the encour-
agement of agriculture and horticulture
privilege of using its buildings for pool
selling and book making and such asso-
onsd from l be tne sn OF such ung De
g. The state which gave such an aSso-
citation its corporate life may require it to
morals and which ordinarily constitute
crime; and such association can not de-
mani that the courts enter upon critical
examination of the effect and validity of
statutes passed for the general purpose
of suppressing gambling in order to re-
move the seal of condemnation.
All the justices concurring.
A true copy.
Attest: D. A. VALENTINE.
[Seal.1 Clerk of Supreme Court.
No. 1S,1Z.
Kansas Postal Telegraph Gable Company,
Appellant.
Leavenworth Terminal Railway and
Bridge Company, Appellee
MODIFIED.
Syllabus. BY the Court. West, J.
1. In condemnation proceedings dam
ages to property not taken should be
confined to those whicff from the evidence
may reasonably be expected to result.
2. An item allowed by the jury without
reasonable evidential basis should be set
aside.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE.
TScal1 Clerk Supreme Court
No. 49, lis.
Kenneth Healer, BY Isabella Healer, His
next friend, Appellee,
VS..
Henry Inkman and Anton r. Hartwlg.
Appellants
Appeal from Leavenworth County.
REVERSED
Syllabus. BY the Court Johnston. e J.
1. While jury Is at liberty to disbe-
lieve the uncontradicted testimony of a
witness which is deemed to be unreason-
able and untrue it is never justified in
arbitrarily and capricfously diSregardiag
unimpeached evidence.
2. Where undisputed testimony appears
to have been arbitrarily disregarded by
the jury and the special questions sub
nlitted unfairly answered, and where the
special findings returned upon important
issues are unsupported by the evidence
and some of them are inconsistent with
each other and with the general verdict.
a new trial should be granted.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
[Seall Clerk Supreme Court.