The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-06-09
LEGAL.
No. Is. 2S5.
Julia A. McClain. Appellant.


No. Il, 1s5.
Julia A. McClain. Appellant.
NJ. ". B. Parker. Appellee.
Appeal from Johnson County,.
MODIFIED.
Syllabus. BY the Court. Benson. J.
A judgment was rendered for the de-
PENDANT In an action for tho recovery OF
money In which real estate had been at
tached. Upon appeal the Judgment was
lever d. and %. late. vas rem
property was then sold upon special ex-
ecution to satisfy the Judgment. It il
held that the discharge Of an attachment
in case a Judgment IL rendered for the de-
PENDANT. an provided In section 113 Of the
civil code, IL provisional,. and II upon ap-
peal and reversal tho plaintiff RECEIVERS Q
effectual between the parties. and . sale
Of the real estate regularly made should
be confirmed.
All the Justices concurring.
Attest: .. A. VALENTINE.
I tSeal1 Clerk Supreme Court
No. 1885
Frank Spacek, Plaintiff,
VS..
z-t IA. Aubert: Defendant.
PE sasSs PSSss9 WRIT . DHSIEp.
Syllabus. BY the Court. Benson. J.
l. The presentation Of a proper AFFIDAVIT
a justice Of the peace to obtain a change
OF venue in an action for forcible entry
and detainer Is . aufftcient application. A
formal motion IL not required.
2 An erroneous refusal by a justice Of
the peace to grant q change of venue
does not deprive him Of jurisdiction. The
remedy In such case is by appeal Nam
error.
An the Justices eoncurring,
Attest: d. A. VALENTINE.
tseall Clerk Supreme Court
No. 1A7as
The City Of Kansas City. Kansas, Ap-
pellee.
james J. Burke and Catherine Burke.
Appeal from Wyandotte County.
Second Division.
AFFIRMED.
Syllabus. By the Court
l. A city may maintain IN action to
permanently en1oin the obstruction Of .
:. a dedication of a highway may be
shown BY acts OF estoppel on the part Of
. land owner. and where the proceedings
s soa azns s a1e aefscve but it shown
that tho owner Of the land through which
the road was attempted to be laid out
viewers when they viewed the road, made
a claim for damages and accepted the
amount awarded, fenced his land on one
Side OF tho road ana IOr years tHc<oeAtoS
acquiesced in it's Improvement by the
road overseer, he IL estopped from con-
testing the validity of the highway. and
his acts followed by user viii constitute
q dedication.
3. In such q case the records although
detective are admissible in evidence to
show color Of title and the nature and ex.
tent Of the claim Of the public under the
proceedings.
1. Except when user IL relied on to
raise a presumption of dedication the
duration Of the user 10 wholly irnmaterial.
the Judgment granting permanent IN
junction against the defendants and quiet
ing the title Of the city to the use of q
public street IL upheld.
All the justices concurring.
A true copy.
Attest: ID. A. VALENTINE.
TSeal.1 Clerk Supreme Court.
The Kansas Southwestern Railway Com
pany. A corporation, Appellant.
We.
The Land and Power Company. ct al.
Appeal from Cowley County.
AFFIRMED
Evllnhua Bv the Court. Johnston, c. j.
An owner OF land claimed that his land
had been overf4oWed and injured through
the action Of the owners Of dam IN rails
ing It higher than when 1t was originally
built. The trial court found that the dam
had not in fact been raised to . ereater
height and 1t 10 held that there - euI-
ficient testimony to support tho findings
made by that court.
An the justices concurring.
Attest: D. A. VALENTINE.
f6eal1 Clerk Supreme Court