davidaulloa/AmericanStories huggingface dataset:
South Bend news-times. (South Bend, Ind.) 1913-1938, 1914-04-07
FARM LANDS.

NOW Is THE TIME TO BUY OR SELL
farms and city property. See me at
once j. A. Mccullough, room 3, 235 ).
Michigan St Home 63O6, Bell J69.
South Bend news-times. (South Bend, Ind.) 1913-1938, 1914-04-07

Adrian ball park will be put in bet
ter condition this season according to
advices from the Fence Town. The
playing field at Franklin park has
long been one of the poorest in the
league and can stand a whole lot Of
improvement before it will rank with
the otner grounds around the circuit
South Bend news-times. (South Bend, Ind.) 1913-1938, 1914-04-07

First Of the Jackson league players
viii report for duty Sunday and Mon
day. With the exception of Outhelder
Brown the early squad will consist Of
battery men exclusively.
South Bend news-times. (South Bend, Ind.) 1913-1938, 1914-04-07

FOR SALE or EXCHANGE-l6O acres Of
irrigated land In one OF the best irri-
gated valleys in Colorado. Only i u miles
TO good railroad town, good schools, ana
market all under fence and cultivation.
Viii exchange for Indiana farm or city
property. Inquire or f. NJ. Jackson, Title
building, Cor Main & Center SITS. Bell
phone 1852. Home phone $685.
South Bend news-times. (South Bend, Ind.) 1913-1938, 1914-04-07

FOR SALE-Farm, 30 acres, with fair
buildings. Land level and well adapted
to fruit or poultry raising. One mile east
OF the Bertrand stop the interurban.
VIII trade for city property or Will sell Oh
easy payments.
HASTINGS.
Home 644O-PHONES-BeIl ell.
Hastings Building Els n. Mich. st.
South Bend news-times. (South Bend, Ind.) 1913-1938, 1914-04-07
CLAIRVoYANT.
CORSETIERREs

NJ BONE COrsets. Ida North, 10 s,
Notre Dame. Home 21S3, Bel I22S
Spirela COrsets, S3-5U Up. Bell 348s ;
Home l6JS. Mrs. Andrews, Michigan ana
Broadway.
South Bend news-times. (South Bend, Ind.) 1913-1938, 1914-04-07

FOR RENT-Farm, 100 acres. Address
James l.. Wyant, 29S 81. Joe av, Niles,
Mich. sol Bell phone.
South Bend news-times. (South Bend, Ind.) 1913-1938, 1914-04-07
HELP WANTED-MALE.

WANTED Newspaper solicitors; salary
and cOmmissi cn; must be sober and in
dustriOus men. Apply Circulation Mana
ger, NewS-Times.
South Bend news-times. (South Bend, Ind.) 1913-1938, 1914-04-07
WANTED-SALESNIAN.

WANTED-City salesman for special
line, fine proposition. Address Box Loo
News Times.
ence not necessary. We pay $500 per
week salary, and allow $500 per day for
expenses Continental Cigar Company
Wichita. KaS
South Bend news-times. (South Bend, Ind.) 1913-1938, 1914-04-07

kalamazoo will have TO build an
entirely new Outfeld this season.
Becker. Cote and Bramble. last sea-
sons regular gardening trio, being lost
10 the club this year.
South Bend news-times. (South Bend, Ind.) 1913-1938, 1914-04-07
FOR sALE-HoUsEHoLD GOODS.
UNFUkNIshED ROOMS.
tOK kENT-tUkN1snED RooMs.

FOR RENT-UnfuIu-sned rooms, mel
onIy. >. W. Llppman, 40 \. Main ST.
South Bend news-times. (South Bend, Ind.) 1913-1938, 1914-04-07

FOR SALE OR TRADE-A nice 40 acre
farm in Adams Co., 20 miles south Of
Fort Wayne Located on stone road and
close to market. Has new small buildings,
level and good soil. Address L. Stark
weather, Niles, Mich.
South Bend news-times. (South Bend, Ind.) 1913-1938, 1914-04-07
B u S ] M E SIS
.lljI REC Il OLRY
REPAIRING.

UMBRELLAS, locks, baby cabs ID. Al
strong, L. L. Colfax.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-10-14

State Of Kansas. Shawnee County. 20.
In the matter of the estate Of Celia
D1ment, late Of Shawnee County, Kansas.
NOTICE OF APPOINTMENT.
Notice 10 hereby given that on the 18th
day Of September. A. D. 1914. the under.
signed was. by the Probate Court OF
Shawnee County. Kansas, duly appointed
Executor Of the estate Of Celia Diment,
late of Shawnee County. deceased. All
parties interested in said estate will take
notice and govern themselves accordingly.
BEN DIMENT, Executor.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-10-14
LEGAL.


the passive partner filed a petition with
the tax commission to reduce the valua-
ton, alleging that the valuation was ex-
cessive and was made 30 with intent on
fraud him. The tax commission ruled
that 1t had no authority to grant the de-
sired relief. Held. the ruling was cor
rect.
3 The decision in the, case Of Finney
County v. Billiard, q Kan. 80. 81 Pac.
-. that an assessment l: not deemed
and that court OF equity has no 5ur1sdic.
ton under its general power to correct
an unequal or unjust assessment Wnen =
statutory board has been provided for
that purpose, approved and followed.
All the Justices concurx1nG.
A true copy.
Attest: D. A. VALENTINE.
(SeaL1 Clerk Supreme Court.
No. 1900
Ernest F. Boyer, Appellee
vs..
County Assessor. ct al. Appellants.
Appeal from 0eafy County.
AFFIRMED.
Syllabus. BY the Court Mason. J.
On February q. 1913. the owner Of
tract Of land executed a contract which
certain conditions. to acquire title to It
by paying $2350O. in addition to Q.00o
which was paid at the time. The contract
property Of the proposed vendor. who pro-
cured an Injunction against the collection
Of the tax. Under the contract the plain
tilt was to retain possession Of the land
and pay taxes on it until March I. 1914. AZ
that time the proposed purchaser could.
upon the payment of $500, take possession.
to be retained 30 long as he should COM
ply with the conditions named, looking to
the ultimate payment Of the full amount
named. HELD, that the injunction was
rightly granted.
All the Justices concurrfng.
A true copy. -
Attest: d. A. VALENTINE.
(Sean Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-10-14
LEGAL.

~--N~~S~~~~~~>~~@~
required to make It safe, should not be
admitted.
4. Instructions given and requests for
others are examined and commented
upon.
Burch. J.. Mason. j.. Porter. J.. con-
curing.
johnston. C. J.. Smith. J., West. J.. dis
senting.
A true COPY.
Attest: d. A. VALENTINE
fSeaL1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-10-14
No. 10, ol&.
U. q. Charles. Appellant,

No. 3D. 01&
y. g. Charles. Appellant,
Asa NJ. Black, Appellee.
Appeal from Sumner County.
AFFIRMED.
Syllabus. BY the Court. West. J.
The sole question presented by the APP
peal being one Of fact and some evidence
being found to support the conclusion Of
the trial court, such conclusion, under the
we'll established rule, must stand.
All the justices concurr1ng.
A true copy.
Attest: D. A. VALENTINE.
tSeall Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-10-14

MONEY to loan on live stock. pianoat
guns, typewriters, household goods ana
perxonal security. L. Biscoe. SO Kan. ave.
MONEY TO LOAN on city and farm
property. any amount. low interest
rates. and most liberal terms Call a.
write for our plan. w. M. Forbes 4 Co.
MONEY 10 LOAN ON ALL KINDS on
PERSONAL PROPERTY.
Horses. cattle, pianos. diamonds. house
hold goods. libraries. typewriter. autos
pie. r. 8. Thomas. SO Kan. Ave. Tel. -
MONEY 10 LOAN ON FARMS AND
Topeka REAL ESTATE.
II you wish q new loan or have q ma
either farm or city. write or call at our
office. first floor. New England BuiIdinUs
BETTER REALTY q LOAN COMPANY.
Established 1896
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-10-14
LEGAL.

uing to live therein for years. thereby be-
gins q hostile adverse possession as
against the former purchaser, although
he does not for q year or more enter into
\ contract with the state for the purchase
Of the land.
3 Possession to be adverse need not
be under color OF title, but must be with
claim Of right. Claim OF right, claim of
title, claim Of ownership, and hostile pos
indicate the intention Of the possessor to
appropriate the land to his own use re-
CARELESS OF his rivals claims.
All the justices concurring.
true copy.
Attest: d. A. VALENTINE.
tSealJ Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-10-14
-
1lc0Al


L. d. Arnold. Appellant.
The c. HOFFMAN 4 Son Milling Company.
ct A., Appellees.
Appeal from Dickinson County.
AFFIRMED.
syllabus. By the Court. Johnston. c. ,.
!. An action was brought upon the ap-
proved theory that II the negligent acts
OF several persons. although acting moe
pendently Of each other. concurrentiy re-
suit In injury to another each OF tne
Wrongdoers IL answerable for all OF .ns
resulting damages and may be sued joint
" or separately a. the injured party may
elect, but, held, under the testimony IN
the case that the dam maintained by z
defendant alleged to be . joint tort feesor
did not contribute towards the 0vefNow
OF plaintiffs land and was not the pfOA
innate cause OF the injury Tor winch tue
action was brought.
z. The fact that a defendant may NY
asked q witness of the plaintin' ~ w
end OF the cross examination. numoeE
OF questions and thus obtained tesumCny
In support Of the defense will not oep1vvS
the defendant from challenging the s9t-
ficiency Of plaintiffs testimony py q DC
murrer nor prevent the court from con-
sidering and deciding whether the evi-
dence Of the plaintiff was sunicfent 20
prove a cause of action against the de-
PENDANT.
All the justices concerning
A true copy. -
Attest d. A. VALENTINES.
TSeal1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-10-14
No. 1854.
J. J. Miller, Appellee,


The Foundation Gompsay: appellant.
Division No. 3
MODIFIED.
Syllabus. BY the Court. Porter. J.
1. In an action for damages for person.
ing company in the construction Of .
bridge was driving piling with the driver
the surface Of the river. Each time Dt the
hammer fell 1t would cause the hammer
rope to slacken and strike against the side
OF the boom near where the plaintiffs
duties required him to stand. While thus
engaged in the night time with no light
except q signal lantern which he held.
rope and thrown from the platform into
the river. Held. that the plaintiff having
been sent to work on the platform and his
Waa es ~ him Nun mao 70 r. ea, main tnere; ,h
duty devolved upon the master to see
that It was reasonably safe.
2 Upon the facts stated in the opinion
u cannot be said as matter OF law either
that PLAINTIFF assumed the risk or that
he was guilty Of contributory negligence.
B The failure of the court In some Of
the defense Of contributory negligence
and assumed risk Is not regarded upon
the facts OF the present case as prejudicia1
error. the court having in other instruc-
lions correctly defined contributory neg
ligence.
l. While in an action for personal in
JokiCS IL 10 OIU1u0Illy SEIOT xOT tu0 pain.
tin to be permitted to testify to the fact
that he IL married, 1t IL held In this case
that the admission Of such testimony over
the ob5ections OF the defendant was not
materially prejudicia1.
s. The jury allowed the plaintiff the
full sum claimed in his petition az dam
ages, which included an item OF 1900 for
medical care and attention. There Was
no evidence to show that plaintiff incur
red more than 80 for expense under this
item. Held, that the Judgment should b
modified by reducing it $50.
Johnston, c. j., Mason. J.. Smith, T.
Benson. J. and West J., concurring
Burch, J., dissenting.
A true copy.
Attest: d. A. VALENTINE.
LSealJ Clerk Supreme Court.
No. 1886.
The State Of Kansas, Appellee
Johanna Adams, Appellant
Appeal from shawnee COUNTY
Second Division.
AFFIRMED.
Syllabus. BY the Court. Weat +
In q criminal prosecution for asosuit.
ing an officer while engaged in the ser
vice Of q warrant an instruction fiat
such officer need not exhibit or read I'M
warrant to mere stranger or one who
did not have possession or claim right to
the property sought to be seized was not
prejudicial in view Of the evidence which
Justified the conclusion Of the jury that
the defendant was not only . stranger to
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-10-14
No. Il. $50.
e. F. Richey, Appellee.

r. J. Ferguson, ct al.
&C. r. Dollings as Sheriff. etc., Inter-
pleader, Appellant.)
Appeal from Hamilton County.
AFFIRMED.
Syllabus. By tho Court. Smith. J.
/. Wilkerson ". Savings Bank, 81 Kan.
rs, IS Pac. 792. as to the invalidity Of Sec
ton q, chapter 100. Laws Of 1893. il fol-
lowed.
& Chapter 1872 Of the Laws of 1909 hav-
ing q comprehensive title. section SOL
thereof is valid and under the facts shown
by the record is the law applicable to this
case.
3. Generally the term ''prior creditor
~ used in section 6096 of the General
Statutes Of 1909 means the creditor who
h accorded priority in the judgment en-
forced by the sale.
All Of the Justices concurring.
true <opy.
Attest: D. A. VALENTINE.
(SeAL1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-10-14
LEGAL

renter was to receive from the owner CT
the land the value of the time and labor
expended In putting in the crop. Hearing
that the land had been sold the renter
procured 1t to be done and also sold and
otherwise disposed of, the wheat. Upon
q trial the Jury AWARDED Ito the renter
the value Of one-hah Of the crop less the
the customary rate for harvesting wheat.
Held. that there was testimony sufficient
to support the verdict.
All the Justices concurr1nG.
A true copy. 4,
AtteSt: d. A.-sVALENTINE.
lEealJ Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-10-14
No. 1908.
Emma A. Parks. Appellee,

Charlotte Baker and Thos. C. Baker, Ap-
pellants.
Appeal from Washington County.
REVERSED.
Syllabus. BY the Court. Burch. }.
Findings Of fact based on parol evi-
dence relating to the situation and condi-
ton OF property ambiguously described in
a deed, the conduct Of the parties to the
deed when negotiating the sale. and the
practical construction given the instru-
ment by the parties to 1t, considered, and
held, to explain the ambiguity and identi-
fy the property.
All the justices concurr1ng.
true copy.
Attest: D. A. VALENTINE,
tSeaLl Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-10-14
No. sos.
.. r. Fear, Appellee.

No. 1905.
q. T. Fear, Appellee,
Asa Barwise ct al.
Oh. E. Sadlef), Appellant
Appeal from Elk County.
AFFIRMED
Syllabus. BY the Court. West.
I. An attempted forfeiture in 1916 Of .
school land sale was evidenced primA
facie by the entry Forfeited See File"
but the testimony showed that the no<ice
was not addressed to any one then shown
by the records I'm the county clerks cnice
to have any interest In the land. Held.
that such notice was INSUFFICIENT and such
attempted forfeiture void.
z One taking possession Of school land.
sale Of which II supposed by him TO
have been forfeited. erecting q house.
making other improvements, and coatiu-
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-10-14
d. A. VALENTINE.
Clerk Supreme Court.
No. 1857.

No. 1857.
In the Matter Of the Petition of Jake
Weissman for a Writ Of Habeas
Corpus.
Original Proceeding in Habeas Corpus.
JUDGEMENT FOR PETITIONER.
Syllabus BY the Court Porter. !.
Notwithstanding the provisions of Sec
ton 80 Of the Criminal Code, which de-
clares that where q person IL convicted
of two or more ofkenses at the same time.
the imprisonment upon the second or
subsequent convictions shall commence at
the termination of the imprisonment upon
prior convictions, II 1t Il not stated In
either of two sentences imposed at the
same time that one shall take effect at
the expiration Of the other. the periods
of imprisonment named therein run con-
currently and are executed simultaneous
ly. Upon the expiration Of one Of such
periods of time the petitioner IL entitled
to be discharged upon habeas corpus.
All the Justices cOncurTing.
Attest: D. A. VALENTINE
CSeal1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-10-14
No. 1908.
Mary Falk. Appellee,

ADD0al from AtC0l8On OOUutys
REVERSED.
Syllabus BY the Court Porter. J.
1. An omission to marry upon partic-
ular day is not necessarily breach OF
sarily continues in force until the one
or the other Of the parties by conduct or
words manifests an unwillingness to pro-
coed to carry it out. and a bonafide oher
to marry is a defense to an action for a
breach Of promise to marry, where It is
made before the plaintiff has signiffcd
the defendant may have been guilty OF
conduct that would warrant the plainttn
in considering the engagement at an emo.
e. The failure Of one to carry out sucn
contract of marriage at the appointed
time does not terminate the contract, un-
less there Is an unequivocal election on
the part Of the other to CONSIDER the con-
tract as terminated: and II following SUCH
failure to carry out the contract at the
designated time, negotiations are entered
upon for the purpose Of arranging q SUD-
seQuent date for the marriage, such ne
gotiations in law constitute waiver OF
whatever rights may have accrued by
the failure to be married at the desig-
mated time.
8 Plaintiff and defendant entered into
a contract of marriage in March. 1912.
and the date for the ceremony was at
The marriage did not take place on the
date fixed through the fault OF the de-
PENDANT, or on account OF circumstances
over which he had no control. Held. the
to treat the contract az still in existence
and negotiated with the defendant for the
setting of future date. and then after
wards elect to treat the contract as hav-
ing been broken by the postponement Of
the marriage on the original date.
4. Upon the facts stated in the opinion.
special questions are in conflict with the
undisputed testimony and require the
granting Of a new trial; that there was
strSctions .n and shat in view e Of al the
facts and circumstances OF the case and
the financial worth Of the defendant. =
verdict awarding the plaintiff $4,000 dam
ages 10 excessive.
All the Justices concurring.
A true copy.
Attest: p. A. VALENTINE.
ISeal1 Clerk Supreme Court.
T7az' -fsF No. 1s.577 '7'''7
J. C. r. McCauley, Appellee,
VS..
w. A. Custer and Bessie Custer. Appel
lants.
No. 1855
c. d. McCauley, Appellee.
W. A. Custer and Bessie Custer. Appel
Appeal from Meade County.
AFFIRMED.
Syllabus. By the Court. Smith. ).
1. Where one claims to be injured by
representations. II 10 competent to show
that the same party made like representa-
lions about the same time to other parties
with whom such party was attempting
to make similar contracts, a. tending to
show, motive or intent.
e Where one party In q trial first calls
and interrogates q witness and then the
other party calls the same witness and he
testifies, the first party cannot thereupon
impeach him.
All the Justices concurring.
true copy.
Attest: D. A. VALENTINE,
(Seal1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-10-14

No. Is, z63.
The Alliance Cooperative Insurance Com
pany ct al, Plaintiffs,
w b. Gasche, ct al. Defendants.
Original Proceeding in Quo Warranto.
judgment for Defendants.
Syllabus. By the Court Mason. J.
!. A director OF q corporation can not
be removed because Of his failure to take
the oath Of office after q reelection, or
because Of his neglect to attend to his
duties, without notice and opportunity
to be heard.
2 Where at a corporation meeting .
motion is made to take action which AZ
q matter of law 10 beyond the power Of
the body. and the president declines to
put II on that account, his refusal to en-
terrain an appeal from his ruling II not
Just ground for removing him and sub
stituting another presiding officer.
3. Upon the facts of the case held that
the separation OF the members at the an
nual meeting Of q corporation resulted in
. failure to elect directors for the en-
suing year.
All the justices concwring.
A true COPY.
Attest: .. A. VALENTINE.
CSeal.J Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-10-14
No. 9,OsS.
e. D. Terry. ct al, Appellees,

e. D. Terry, ct al, Appe1lees.
VI.
The Kansas Gravel Company. ct al. On
tervenors). Appellants.
I Appeal from Lyon County.
REVERSED
Syllabus. BY the Court. Benson. J
I. 1t IL held that there was error in
sustaining a demurrer to the evidence,
which is reviewed in the opinion 30 far a.
necessary to the decision.
2. The practice is approved Of reading
pertinent complete parts Of the deposit
ton Of a person who il again examined
q witness on the trial and whose at
tention has been properly called thereto
to show contradictory statements. instead
Of limiting the examination to certain
detached answers in the deposition.
All the Justices concurr1ng.
A true copy.
Attest:
(Seal.1 d. A. VALENTINE,
Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-10-14

the TRANSACTION out an eXCuSele8S ana
malicious intermeddler.
All the Justices concurring.
Attest: D..A. VALENTINE.
lSealJ Clerk Supreme Court.
No 1884.
Archibald Black, ct al. Appellees,
Va.
Ralph L. Funk, Appellant
Appeal from Brown County.
MODIFIED.
Syllabus. BY the Court. Burch, J
Section 81 of the civil code, providing
that an attorney shall be incompetent to
testify concerning communications made
to him by his client in that relation, Is
declaratory Of the common law and does
not prohibit an attorney from testifying
to the facts relating to the preparation
including tho information impaired by
the testator. In a proceeding to contest
the will on the ground OF undue influence
All the Justices concurr1ns.
Attest: D. A. VALENTINE.
tSeaL1 Clerk Supreme Court
No. 1000
John T. Giles. Appellant,
John p. Ternes, Appellee
Appeal from Sedgwick County.
Division No. 2
AFFIRMED
Syllabus. BY the Court Johnston, C. J.
I. In an action to recover damages
from the owner of horse and buggy
Tor alleged negilence in colliding with
PLAINTIFFS automobile on q highway the
defendant filed q pleading called an an
swer and cross-petition and in 1t alleged
that the collision was due to the negli-
gence of he plaintiff himself, and on that
basis defendant asked a recovery Of dam
ages from plaintiff. HELD. that con-
tributory negligence Of tho plaintiff was
was warranted in instructing the Jury to
the eject that II the negligence Of plain
TIL contributed to the injury he could
the allegations Of the '. piaintifrs nesii-
gence were contained in that part of de-
PENDANTS pleading designated as q cross
petition.
2. The requirement that:
Every automobile or similar motor
vehicle shall be SO constructed as to ex-
hibit during the period from one hour
one or more lamps showing white lights.
visible within reasonable distance in
the direction towards which the auto
mobile - proceeding" Gen. Stat. 1903.
il intended for the guidance and benefit
OF the persons driving or in charge of an
be using the highway at the same d time. me-
It is the duty OF the motorist to
keep = vigilant watch ahead for other
the and az tts
to enable him to see persons and vehicles
on the highway In time to avoid them n
well as 10f tho protection OF those &c.
cupying the automobile.
A motorist IL not necessarily negii-
gent when he drives his automobile ON
the left side Of Q highway ~ he II
privileged to use any portion Of the
travelled part Of . highway except when
he H. about to meet and pass another
vehicle and then under the law Of the
road he il required to turn to the right.
3. Without the evidence bearing on any
question in the case It can not be de-
termined on an appeal that an instruc-
ton given. even II erroneous ~ an alb
stract statement Of the law. was Pre-
judicial error.
All the justices concufT1ng.
A true copy.
Attest: d. A. VALENTINE,
CSeal1 Clerk Of Supreme Court