davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-11-18
LEGAL.


located and fifty feet therefrom. He was
not injured by the thumb-nuts falling
upon him nor by coming in contact with
the machine. HELD. that the provisions
OF the factory act (Sec. 1879, Gen. Stat.
l9O9), requiring machinery to be properly
and safely guarded for the purpose of
preventing or avoiding injury to employees
IN factories has no application, and that
plaintiff could not maintain an action I'M
der the statute.
All the Justices concurrlug.
a true copy.
Attest: u. A. VALENTINE
tSeaIJ Clerk Supreme Court
No. 1885,
S. s. Smith, ct AL Partners, etc. An
pellees
Robert Hanson, Appellant.
Appeal from Cloud County
REVERSED.
Syllabus. BY the Court Mason J.
J! The evidence held to justify the ad-
mission of testimony as to a contempor-
aneous oral agreement fixing the time
when the weights of certain stacks of
hay. sold under written contract, were
to be determined.
2 verdict set aside on the ground
that II the plaintiff was entitled to re-
cover at all the amount was to be fixed
by definite rule, which was not applied.
All the Justices concurring:
true copy.
Attest: d. A. VALENTINE,
lSeaIJ Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-11-18
LEGAL.

and for an amount which did not CORE
spond with that named in the notice OF
redemption and is therefore invalid.
3. Possession by the plaintiff is a ma
terial issue in statutory action to quiet
title to land, and in this action 1t is held
that the proof produced showed suffi-
Gent possession as against the claims of
the defendant.
All the Justices concurring.
A true copy.
Attest: d. A VALENTINE.
ISeall Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-11-18

No. 1876.
City Of Kansas City. Appellee.
James r. Burke. ct al, Appellants.
Appeal from Wyandotte County.
OPINION DENYING REHEARING.
Syllabus. By the Court. Porter. ].
l. Injunction Is an appropriate remedy
to prevent the closing or obstructing of
public highway.
2 Usually in actions to enjoin the clos
ing CT obstructing of a public road, title
is only incidentally involved, and the
mere filing OF an answer setting up title
in the defendant and denying the ex-
istence of highway will not give him
the right to a jury trial.
tiles to enjoin the obstruction Of public
highway the judgment recIted finding
that the road was laid out and estab-
lished as a county road by viewers ap-
pointed for the relocation and resurvey
of a certain road in 1885 upon actual view
the land. and since that time has been
a travelled public highway. Held, that the
facts recited are sufficient to support a
claim of dedication by the owner and ac-
ceptance and usuer by the public, and to
sustain a general judgment in favor of
plaintiff.
4. Whether a road has been established
by dedication is a conclusion of law from
facts stated or found. Where the petit
ton alleges facts sufficient to show a
dedication by conduct of the owner OF
the land and acceptance and user by the
without the use of that word in the petit
ton.
All the justices concurring.
A true copy.
Attest. d. A VALENTINE.
fSeai.1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-11-18
No. 1868.
II. b Hines, Appellee.

No 1903
II. b Hines, Appellee,
VS..
John o. Kays ct al, Appellants
Appeal from johnson County.
MODIFIED
Syllabus Fly the Court Mason.
In a foreclosure action the holder Of a
subsequent lien, who is made a defendant
Is entitled to have its validity determined
before the property is sold-
All the Justices concurr1ng.
true COPY
Attest: d. A. VALEN TINE.
(Seal1 Clerk supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-11-18
LEGAL.

No 1S94S.
A. D. Chandler, ct al, Appellees.
John Caples, ct al. Appellants
Appeal from Wyandotte County.
Second Division.
AFFIRMED.
Syllabus BY the Court. Benson, J.
/. An affidavit in support OF motion
to set aside Judgment of city court OF
Kansas City. rendered against deieno-
ant in his absence which fails to set out
in a general way the facts constituting
his defense as the statute expressly re-
quires is insufficient. claws 1905, CHI. 1872
Sec. 2. sub. 81
2. Where leave is asked to amend an
insufficient affidavit filed in support of
motion to set aside Judgment the de-
PENDANT should in some appropriate man
amendment to the end that the court
may consider whether it will be in fur-
therance OF justice.
8. Procedure in a city court and upon
appeal to a district court is considered.
and the final result reached in this case
is affirmed without approving all the pro-
ceedings.
All the Justices concurr1ng.
A true copy.
Attest: d. A. VALENTINE,
[SeaL] Clerk Supreme Court.
No 1891
The Grand Lodge of the Ancient Order OF
United Workmen of Kansas, Appellant,
The State Bank Of Winfield, Appellee.
Appeal from Cowley County,
Petition for Rehearng Denied.
Syllabus. BY the Court. Benson. J
1. Specific directions for the delivery of
an order upon a beneficiary fund were
given to an officer OF a local lodge in
letter of transmittal Enclosed with this
letter was printed blank form contain
ing instructions apparently prepared for
use In such cases. 1t Is held that if the
specific directions given in the letter con-
flict with the printed instructions the di-
rections must govern.
2 The printed instructions ito see that
the enclosed order is properly Endorsed
and delivered does not in the light of
ter to deliver 1t to the person designated
as payee. impose upon the addressee the
duty to see that the payee to whose order
1t is drawn endorse it after delivery.
All Of the Justices concurring.
A true copy.
Attest. d. A. VALENTINE
lSeal.1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-11-18

No 1859.
The State of Kansas, ex rel, James M
Meek, as County Attorney of Wyan-
dotte County. Kansas. Appellant,
The City of Kansas City, Kansas, APP
pellee-
Appeal from Wyandotte County
Division No. 2
AFFIRMED
Syllabus. BY the Court. Porter J.
Paragraph 1920. General Statutes 1903.
which authorize cities of the first class
by ordinance to extend their corporate
limits SO as to include any tract of un-
plated land not exceeding twenty acres
whenever the same lis So situated that
two-thirds Of any line of boundary there
of lies upon or touches the boundary-line
of such city, means whenever two-thirjs
of any single boundary-line or side of
such tract lies upon or touches the
borndary-line of such city: the word
any being construed as used in the
sense of one iEdinerently, out of an IN
definite number.
All the Justices concurrinS-
A true copy.
Attest:
[Seal.l D.. A. VALENTINE.
Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-11-18
No 1909.
Elizabeth Parks, ct al, Appellees.

No 19,OO9.
Elizabeth Parks, ct al, Appellees.
vs.
c.. C.. Yost Pie Company, ca al, Appel
1antS.
Appeal from Wyandotte County.
Division No. 2.
AFFIRMED
Syllabus BY the Court. Smith. :.
l. dealer who sells human food for
imryiediate consumption does SO under an
implied representation and guaranty that
it is wholesome for the purpose for which,
it is sold.
. manufacturer who prepares food
for human consumption and places it In
the hands Of dealer for sale is RESPONSE
BILE in damages to the widow OF con-
sumner who procures such food from the
dealer and loses his life by partaking Of
such food
All the Justices concurring.
A true copy.
Attest: d. A. VALENTINE.
tSeaLJ Clerk supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-11-18
No. 1898.
Frank p. Shade. Appellant,

No. 1873.
Frank p. Shade. Appellant,
We
Ash Grove Lime and Portland Cement
Company Appellee
Appeal from Neosho County.
~ On Re-hearing
FORMER JUDGMENT ADHERED TO-;
Syllabus, By the Court. Benson J
Chapter 21S Of the Laws of 1911, as
amended by chapter ZIG of the Laws of
1913, does not violate section Is of the Bill
OF Rights guaranteeing remedies by due
course of law, nor section is of Article 2
of the constitution which provides that no
bill shall contain more than. one subject.
nor the provisions OF the 18th amend
ment to the federal constitution relating
to due process and equal protection of
the laws ag
All the Justices concurrfng
true copy.
Attest: D. A. VALENTINE.
(Seal1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-11-18
No. 1884.
No. Is 9&


Columbia Knickerbocker Trust Company
And
E. D. Levinson & Company, Plaintiffs,
C. c. Finney, Mayor of the City of Atch-
ison. ct al. Defendants.
Original Proceedings in Mandamus.
DAMAGES ALLOWED.
syl'a 4 1nS ~, BY Ir the Court Porter
General Statutes 1909. providing for the al
lowance of damages in actions of man
dainus the court may allow the plaintiff
damages sustained without tho issuance
.. The holder of defaultad bonds issued
by city brought mandamus to compel
the officers of the city to levy tax TO
pay the bonds An alternative writ is
sued and thereafter the city paid the
plaintiff the full amount due on the
bonds. Held. that the plaintiff is entitled
penses as damages in the action. notwitf-
standing no peremptory writ issued.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE.
lSeal1 Clerk Supreme Court.
No 1882
The Atchion, Topeka and Santa Fe Rail-
way Company, Appellant,
va
The Board of County Commissioners of
the County of Marion. Kansas, and j.
w. Nusbaum as County Treasurer. Ap-
Appeal from Marion County.
AFFIRMED.
Syllabus. BY the Court. West, j.
Under section of chapter PAS, Laws of
1909 relating to assessment and taxation.
when the assessed value OF the property
of given county was $39. 800, 591, the rate
of levy was 1.22 mills
All the justices concurring.
A true copy
Attest: D. A. VALENTINE,
lSealJ Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-11-18
No. 1887,

No. 1897.
The State of Kansas, Appellee,
VS..
John Callshan, ct al, Appellants.
Appeal from Sumner County.
Appl+c cation for Certain Auxiliary Orders
Pertaining to the Judgment of this Court.
ALLOWED.
syllabus BY the Court. Smith. j.
1. When a person has been regularly
charged, tried and convicted of b crime
in a district court of this state and has
appealed from the judgment and sentence
of such court to the supreme court, in
which court the Judgment has been affirm
ed and a mandate issued for the execu-
ton Of the writ; Held that until such
mandate Is fully executed the supreme
court has full and exclusive jurisdiction
OF the custody of the convict.
2. Where, prior to the full execution
of such mandate, another court of the
state issues a writ of habeas. corpus re-
curing sheriff. who has the custody of
the convict for the purpose of executing
such mandate. to produce the convict be-
fore such court and upon a nearing under
discharge him from the custody OF the
sheriff; Held, that the attempted judg-
ment hereunder is void
g. Where, in such case, surety on
bond given to secure the liberty of the
convict during the tendency of the APP
the convict with "a copy OF the judgment
and order of commitment to the sheriff
whose duty 1t was to execute the SEN
tence, the bond cannot thereafter
be forfeited although the sentence is not
executed for reasons beyond the control
of the surety or the sheriff.
All the Justices concurrlng.
Attest d. A. VALENTINE.
lSeal1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-11-18
d. A. VALENTINE,
Clerk Supreme Court.
No. 1858.
Laura B. Schribar. Appellee,

No. 1S.643.t
Laura B. Schribar. Appellee,
John NJ Maxwell, ct al, (John M. Max
well, Appellant)
Appeal from Lyon County.
On Rehearing.
FOR-1ER OPINION OF AFFIRMANCE.
MODIFIED.
Syllabus. BY the Court Johnston. c. J.
In adiudging the cancellation of con-
veyance Of land obtained by the fraud of
the grantee provision should be made for
the restoration by the grantor of the
money and things of value received by
him as a consideration for the convey
ance.
All the Justices concurr.ng.
A true copy.
Attest: D. A. VALENTINE.
(SeaLl Clerk Of Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-11-18
No. 1881.
J. G. Wilson, Appellant,

NO. lS,USl.
J. G. Wilson, Appellant,
vs..
L. F. Lane, ct al. Appe1lees.
Appeal from Woodson County.
AFFIRMED.
Syllabus BY the Court Benson. j.
l. In this action to restrain the city
from building a sidewalk on property
claimed by the plaintiff the controlling
fact to be determined was the true loca-
ton of boundary of the property. The
evidence was conflicting. There was
tention of the city that the proposed line
of the walk is in a public street, and not
upon the plaintiffs property. Although
there was evidence tending to prove the
contrary, the finding against the plaintiff
on conflicting testimony can not be over
thrown in this court.
2. The rule declared in Griffen ". City
of Olathe, Al Kan. 342, "a Pac 40, that
persons occupying any portion of street
will be presumed to hold it subject to the
paramount right of the public is fol-
lowed.
3. An order denying a motion for a
new trial. on the ground of newly dis
covered evidence set out in conflicting
affidavits is affirmed.
All the Justices concurring.
Attest: D. A. VALENTINE
tSeal-l Clerk Supreme Court
No 10 5s2
The State of Kansas. Elk Rel. F. T.
Foote, County Attorney of Reno Coun-
ty SendF John Beck, Appellees,
VS..
TIE Board of City Commissioners of the
City of Hutchinson. Kansas, and F. w.
Cook. Mayor, G. w. Winans. J: F.
Smith, r. H. Finn, and ]. E. Buskirk,
members of said Board, Appellants.
Appeal from Reno County.
AFFIRMED.
Syllabus. BY the Court. Smith. J..
1. Section 1910 of the General Statutes
of 1909. known as the initiative and
referendum law. is not violatve of section
81 article 2 of the Constitution of this
state although it confers legislative pow
ers upon boards Of city commissioners and.
in turn, upon the electors IN cities of the
first class: neither IS it violative of sec
ton of the Bill of Rights as 1t grants
no special privileges or immunities.
2. The Initiative and referendum pro-
visions of Section 124O General Statutes
1919 are not repugnant to Section article
of the Constitution of the United States
which guarantees to every state Repub-
lican form of government.
All the justices cOncurring.
true copy
Attest: d. A. VALENTINE.
CSeaL1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-11-18
No. 1909.
Lewis N. Bowen. Appellant,

No. 1909.
Lewis N. Bowen, Appellant,
Charles F. Wilson, Appellee.
Appeal from Stafford County.
DISMISSED.
Syllabus. BY the Court. Porter, J.
/. Where the only error complained of
is the overruling of motion to dismiss
an appeal from the probate court upon
facts which are not disputed, the filing
of q motion for new trial is unneces-
sary, and cannot serve the purpose OF ex-
tending the time to appeal.
2. 1 here Is no vested right to an appeal
and the legislature may take away from
the defeated party the privilege before
his appeal has been perfected. kansas
City " Dore, 70 Kan. %, IS Pac 539.)
9. When the judgment appealed from
was rendered, October ID, 1912, the de-
feated party had one year in which to
appeal to the supreme court. Chapter "a
of the Laws of 1913, limiting the time to
SIX months took effect April 50. 1913. at The
date of the publication of the session
laws Held, that an appeal taken more
than six months from the date of the rem
d-tion of the judgment appealed from Is
too late
All the Justices concurr1ng.
a true copy
s Attest: D. A. VALENTINE.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-11-18

D. A. VALENTINE.
Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-11-18
No. 1852.
C. w. Beeler, Appellant.

No. is, 662
c. w. Beeler, Appellant,
VS..
]. E. Sims Appellee.
Appeal from Edwards County.
On Rehearing
FORMER DECISION ADHERED TO.
Syllabus By the Court. Benson. J.
l. The rule respecting the use Of az
fidavits in making abstracts of title.
stated in Linscott " Moseman, "a Kan.
541, III Pac. 1OSS: Van Gundy v. Shewey, 80
Kan. 253, 133 Pac. TO; and in this case.
reported in 81 Kan. 761, 1873 Pac. 81, is ad-
hered to.
2. An abstract Of title noted the ap-
pearance of a tax deed upon the record
in no other way than by designating the
instrument a tax deed issued to per-
son named on date given and stating
the date, book and page OF the record. It
is held that the abstract of the tax deed
was not sufficient to show a merchant
able title.
3. " .ere a case was submitted upon
one single question. definitely stated to
be the only question to be decided. which
alone was argued, considered and de-
cided, a different question will not be
considered when presented for the first
time on rehearing, and there Is no sug-
gestion Of surprise, accident or mistake
All the justices concurring.
Attest D. A. VALENTINE,
GSeaL1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-11-18

u. a. VALENTINE.
Clerk Supreme Court.
The Cairo bulletin. (Cairo, Ill.) 1???-1928, 1914-08-27
Fighting at Malines

Associated Press.
Amsterdam, Aug. 2G.---'rhe Tele-
graphs Antwerp correspondent
wires that lighting was resumed
this morning near Malines where
the Belgians have been engaged
daily with the German advance
troops.
''The road from Malines toward
Nilroogen, six miles northeast of
Brussels" the correspondent says.
is Uttered with bodies OF mon and
horses while in the fields pasturina
cattle have been killed by shrapnel.
The Belgians captured one field gun
Everything in Brussels is going
on the same as before the German
occupation"
The correspondent says 1t is re-
ported that it is the Duke of Bruins
wick who has occupied the royal
palace at Laeken. The Duke OF
Brunswick married Princess Vic
toria Louise Of Hohenzollcrn. daugh-
ter Of Emperor William OF Ger
many,
The Cairo bulletin. (Cairo, Ill.) 1???-1928, 1914-08-27
EDWARD F. KL[b
FORMER CA|RO|TF
DANGEROUSLY ILL
Leo J, Kleb of This City Left Tues
day Evening For His Bedside
In New York

Edward f. Kleb of New York
City, brother of Leo j. Kleb, Mrs.
Annie w. Vincent and the Misses
Kleb of Sixth street, is reported
dangerously i'll at a hospital in New
York. A letter was received several
days ago stating that he had an at
tack of acute Indigestion and tha.
an operation would have to be per-
formed upon him. The operation
was performed and seemed to have
relieved his condition but Tuesday
message came stating that his life
was despaircd Of. Leo Kleb left
Tuesday night for his brothers bed
side.
Edward Kleb was born and reared
in this city and went to New York
about fifteen years ago where he has
placed himself in comfortable cir
cumstances. He is married, Since
his residence in that city he has be-
come interested in fraternal organ
iations and has been at the head of
one Of the largest ones there.
The Cairo bulletin. (Cairo, Ill.) 1???-1928, 1914-08-27

GOLDEN WEDDING
ANNIVERSARY
Mr.. and Mrs. T. w, Cherry Married
in Cairo and Resided Here Con-
tinuously For Fifty Years

Fifty years married and married
in Cairo is the record of Mr.. and
Mrs. f. w. Cherry of 904 Poplar
street They celebrated their gol-
den wedding anniversary today in
their own quiet way. They had an
ticipated a family reunion on this
occasion, but several of their chill
dren Of whom they have seven liv-
ing, reside so far from here that
they abandoned the idea. Their
children visit them at frequent in
te~vals
1t is seldom that one hears of a
married couple celebrating their
fftieth wedding anniversary where
their marriage has occurred in the
city where they have resided con-
tinuously for that period of years:
and it has been stated that this is
the first instance of the kind in
Cairo.
Mr.. and Mrs. Cherry were married
in the home of the brides mother,
Mrs. Henrietta s. Horn, on Seventh
street near the northeast corner Of
Walnut and Seventh streets. The
ceremony was performed by Rev.
William Stewart, pastor of the
Presbyterian church. The only liv-
ing witness to the marriage is Mrs
Mollie G. Cate, who also resides in
this city, at 430 Ninth street. Mrs.
Cate was but a child at that time.
The wedding was a quiet one.
Mrs. Cherry, whose maiden name
was Horn. came with her parents to
Cairo from Louisiana. in June, 1853.
Mr. Cherry came to Cairo from Des
Moines, Iowa. only a few days before
the marriage. After marriage the
couple took wedding trip and were
away from Cairo several months.
The Cairo bulletin. (Cairo, Ill.) 1???-1928, 1914-08-27
Foreign Ministers Protest
Associated Press.

Associated Press.
Antwerp, Aug. 26,- The minis
ters of the foreign powers at Ant
werp have protested against the
bombardment of Antwerp by Yep
pelin dirigible balloon. Among
other damage done was the titat
destruction of a building belonging
TO an American citizen. All lights
at Antwerp are ont at eight o'clock
at night. The people OF the city
are behaving with remarkable
courage and patriotism although
lite is becoming highly nerye-wrack-
ing owing to the uncertainty. AMI
werp is cut Off from the entire eoun-
try except Malines, Ghent, Bruges
and the seacoast. The only com-
munication with the outside world
is through Ostend.
The Cairo bulletin. (Cairo, Ill.) 1???-1928, 1914-08-27
CACHE BRIDGE
CAUSES SOME
APPREHENSION
Has Been Declared Unsafe and Must
Be Either Put IN Safe Cond-
ton or Built New
TICE LAW SAYS BOTH
COUNTIES ARE LIABLE
Up to County Commissioners of Both
Counties To Get Busy and Ap-
propria,c the Money

The bridge over Cache river on
the Mound City road must be put in
safe condition or a new bridge built
as soon as possible, according to the
State Highway Commissioners en-
gineer, who recently made a thor
Ough examination of the structure.
These who pass over this bridge, do
SO, it is stated, at a risk of their
lives
Attention was called to this
bridge matter Tuesday night by
City Commissioner NJ. j. Howley, in
his talk at the meeting of the Coun-
ty Commissioners, the Cairo Asso-
citation of Commerce and other citi-
zcns, with the members present of
the state Highway Comm ssion.
The Commission agreed that some-
thing must be done, and that as soon
as can be. The question upper
most in the minds of the citizens
was, who is to pay for this work
Mr. Howley explained that Cache
bridge was constructed by money
appropriated by the City of Cairo
under special enactment of the
legislature, that permitted cities to
build bridges within five miles Of
their corporate limits. This bill
was introduced and passed by the
legislature, by the late Thomas w
Halliday, who, that time, was a
member of the general assembly,
At that time Alexander county had
no funds from which to draw for
this purpose and Pulaski county re-
fused to assist in the undertaking.
The conditions are now different
The county has funds in the treas
ury; Pulaski county citizens feel the
need of this bridge almost as much
as Alexander county does; the city
has no funds; besides the recently
enacted Tice law makes it obligatory
and imperative upon both counties
to bear equally the cost of construc-
tion of bridges that are upon state
aid roads.
1t was explained at the meeting
last night. by the Highway Com
mission that it was the duty of the
County Commissioners of Alexander
county to ascertain the cost of con-
struction of the entire bridge with
the approaches, then for them to
make an appropriation for one half
of this amount, after which the
Pulaski county commissioners will
be asked TO do likewise; and accord
ing to the law this requirement
must be met.
Mr. Howley expressed himself
very plainly upon the urgency of
looking after this Cache river
(C0ncl1ded on Para SfYl