The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-01-13
LEGAL.

road-the ties and rails were laid between
midnight OF that day and eleven o'clock
All the Justices concurrtng.
A true copy.
Attest: D. A. VALENTINE,
lseAl.J Clerk Supreme Court.
No. 1s61l.
Caleb Winerey. Appellee,
W.
Chas. Ciapp ct al. Appellants.
Appeal from Linn, County. 1870
AFFIRMED.
Syllabus. BY the Court. Benson, ].
Upon q trial in the district court find
ing OF indebtedness was regularly made
and entered upon the journal and de-
cree was rendered embracing other mat
ters but no formal Judgment was entered
for the amount 70 found due. An appeal
from the judgment generally was taken
to this court resulting In its anirMance.
Thereupon q motion for 1udsment on the
finding for the amount so found due was
made and sustained. no payment having
bsen made. 1t u held that the court had
not lost Jurisdiction and Judgment
upon the motion for the amount OF the
debt IL affirmed.
All the Justices concufTing.
Attest. d. A. VALENTINE.
teeal.J Clerk Supreme Court
No. 1880
The City Of Topeka. Appellant.
VS..
The Board OF County Commissioners Of
Shawnee county, State Of Kansas. Ap-
pellee.
Second Division.
AFFIRMED.
Syllabus. BY the Court. Porter, J.
l. In the construction OF a levea for the
purpose Of preventing the overflow Of the
Kansas river, the Board Of County Com
miasioners Of Shawnee County erected IN
. street in the City Of Topeka concrete
city city to compel the county s board to
abate the same a nuisance and restore
the highway to its orig use by build
ing eustable approaches SO that the street
could be used for pubic travel, 1t IL held.
that the county board has no authority
to raise the grade OF the street nor to
determine the kind and character Of APP
proaches necessary. nor to construct the
same.
2. Chapter 1o4. Session Laws Of 1soe
and acts amendAtory and supplemental
providing for the buiid:ns Of ievees in no
wise limits or modifies the duty OF the
city to keep its streets in q safe condition
for travel The care and control Of the
tnuing authority Yields only 90 tar a. to
permit the construction Of the levee by
the drainage board in accordance with
the act Of the legislatu re.
All the Justices concurring.
Attest d. A. VALENTINE,
ISeaL1 Clerk Supreme Court.
No. 1854
Adaline =. Story. Appellant.
1snet. Lang ana Rudolph Augustine. Ap-
AFF1RMEEID ~
Syllabus. BY the Court West. ].
In order for joint Judgment debtor to
be entitled to a release or satisfaction on
the ground that . subsequent Judgment re-
tort has been paid by the defendant there
In. Il Il incumbent upon him to show that
the latter Judgment was recovered against
litigated in the former action.
An the Justices concurr,ng.
Attest' D. A. VALENTINE.
tseaL1 Clerk Supreme Court
No. 1s.6x7.
Frank n. Ireland and Charles H ireland.
Partners, Appellants.
W.
T. Shore. Appellee.
Appeal from Barber County.
AFFIRMED.
syllabus. Rv the Court Bureh J.
l. The PLAINTIFF. A. indoeseao of tha
payees. sued the defendant a the maker
o. certain promtssory notaa Tho da6anses
'. were breach 81 contract on the part Of
the plaintiffs were not innocent pprchasers.
and defective title in the payoes ~ ~.
count OF fraud in obtaining the instru-
that the possession Of negotiable inetru-
ment properly indogDed - prima face
evidence that the holder IL 4 holder In
Que course and that when the title Of 4
person negotiating such an instrument =
shown to b detective The huraen = an
tine holder to prove that he ii 4 holder
in dive course (Negotiable lusfrunenfa
= aseeeasy - DsUDW