The Topeka state journal., 1914-02-10


fsealJ clerk Supreme Court.
No 1s,sle
z. Hart; = Apps''es'
The ss5ss; from
REVERSED.
'.Das a defend.nt II Is ten Emitted tied to reversal
where the court sets aside q 9enexA ver-
1ict in plaintiffs favor and renders JUGS
which Is not sustained by the evidence Or
findings. and IL contrary 70 any tneoty
contended for although less tnan sne
Titled to recover. II his theory OF the case
All the Justices concursing.
Attest: D. A. VALENTINE.
IseaLl Clerk Supreme Court
rhe Bowles Live Stock Commission Com
pany appellant
George H. Tate, Jr., ct al, Appellants
Appeal from Kearny County.
Syllabus. BY the Court Burch. ,:
persons claiming cattle seized on execu-
procuring tn. sherin to eccept the bond
not to estop them from claiming title to
Ehe cattle in suit by the execution
creditor on the bond.
All the justices concurr1ng.
A true copy.
Attest; ?: A. VALENTINE.
tSeaLJ Clerk Supreme Court
No. 1s,6as.
Ezra c. Voriss Appellee,
Frank schoonover and H. ). oldham. Az
pellAntS.
Appeal from Kingman County.
AFFIRMED.
syllabus. BY the Court Benson. J
Where q promissory note payable to the
order OF A. or 3. is endorsed by A. only.
70 ogs and Th1 ass It in good faith o
n the instrument or defect In the title,
the endorsee IL a holder in duo course,
under the Provistons OF the Negotiable In
All the Justices concurring.
Attest: D. A. VALENTINE.
lSeal.J Clerk Supreme Court.
Lille M. Roe, Appellee.
Moses snattinger:. ct al. Appellants.
Appeal from Shawnee County.
MOTION TO DISMISS sss'sHi SUSTAINED.
saa eSs5 %ho is asins S%,sn' no q
the supreme court from a Judgment rem
1eSed against him in a district court. the
amount Of the Judgment rendered. ex-
appeal and if such Judgment does not ex-
ICED 800. no appeal is allowed by the
An the Justices concerning.
Attest: D. A. VALENTINE.
tseaLJ Clerk Supreme Court
Antoine +. Olson, q Minor ETC. Appellee
rhe Lindsbore Mercantile Company. Ap-
Appeal from Mcpherson County.
AFFIRMED.
syllabus B.. the Court. Mason. J.
1lshing to an employee an unsafe team of
lorses. proof that the plaintiff, q bow OF
fifteen: was somewhat afraid Of them.
ret continued to drive them for five
made to remedy the matter. a. % does % NOT ce1n conn
fsk. "a '~s.'i'eo
All the justices concurring.
nssesf: 1sesi'5 G3.rH P; 4 syALENr!NE s,n1a,;,s ~.
No. 1865
J. A. Simmons and J. B. Simmons, Ap-
pellees,
w.
Clauoe smart, Appellant.
Appeal from Chase County
AFFIRMED.
Syllabus. By the Court West. !
l. The owners Of certain cattle delivered
,ears. the increase to be divided as speci-
led, the original herd to be returned at
he end OF the term. A certain shrink
vas to be borne by such owners and any
oss above that to be borne in fixed pro-
portions by the parties, such owners to
'ay the taxes. Held, that such other
,arty thereby became bailee Of such cat
ie ana not partnership owner thereof.
:: One who bought such cattle Of such
,alIee sought to defend title against the
wnefs oy showing permission and ratift-
,atlon OF sales and exchanges made by
he bailee. Held. that such permission
Ind ratification II shown, would not avail
uch purchaser unless he was himself de-
'eived or misled thereby.
3 The rule that to require the granting
= new trial on the ground Of newly
evidence such evidence must be
'ther than cumulative-followed
All the Justices concurr1ng.
fseaH Clerk ssAaGmItNE; saprema t:.l,.,
/. w. ThurstOn as Executor of the last
WIN and Testament Of John Rund. de-
ceased. Appellant.
frank Frit4 and Alonzo Beal. Appellants.
Appeal from Shawnee County.
First Division.
REVERSED
|yllabus. By the Court West !.
l. The rule that If the evidence demur-
ed to presents a question of fact for the
o1lowed.
2 The rule that dying declarations are
dmissfble only in criminal cases {and
nose involving homicide) Is without reae-
nable basis. and should not longer be
Johnston, c. J., Burch. J., Mason. j..
j. Porter r.. fn0
Benson, J., dissenting.
4 true COPY.
Attest: d. A. VALENTINE.
tSealJ Clerk Supreme Court
No. 1A,oW.
Harry q. Daily. Appellee,
w.
Walter 8. Gregg, Appellant
Appeal from Wyandotte County