The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-07-10
SUPREME COURT.


1continued from Page One.I
ed from the giving of some promissory
notes which Henry FOsha and Henry
Quantic gave to F. A. Underwood me
notes We're payment for Oil stock. me
notes were not paid and suit was filed;
In his arguments, an attorney invited
the court and jury to visit his nome
and have a good time. 1t was claimed
that these remarks constituted re-
versible error, but the supreme court
merely held them improper ana dlo
not affect the verdict.
Utilities under the jurisdiction of the
Kansas public utilities commission
cannot discontinue service without
consent of the commission, according
to an opinion handed down today by
the supreme court. The Postal Tele-
graph company recently discontinued
its station at Syracuse, Kan, without
permission of the commission, on the
ground that it had been running the
station at a loss of $133.43 year for
the last five years. Complaint was
filed with the commission, and H ..
Caster asked a writ of mandamuS IN
the supreme court against the Postal.
The court held that the company
could not discontinue service without
applying to the commission. The de-
ciSiOn is important in taht 1t Will al
feet all public utilities under the jurlS-
diction and if followed out will pre-
vent the discontinuance of train SerV-
ice without permission of the COM
mission.
Elmer Higgins, serving time in the
Kansas penitentiary for assault with
intent to kill, lost his habeas corpus
case before the supreme court today
Higgins maintained that the verdict
of the Jury did not specify the degree
of the offense charged The supreme
court held that the technicality did not
affect the validity of the sentence
George Jackson was the victim of H1g-
lrri,,s 90 he oaG
from Chautauqua county.
| Alimony awarded by the courts must
| be paid in spite of fraudulent action
| in presenting grounds for the divorce,
according to an opinion rendered by
| the supreme court in the case of Cora
| Chapman Cheever against Eugene H.
Kelly. The case was appealed from
| Leavenworth county The action was
for overdue and unpaid installments
of alimony awarded Cora Cheever.
| The court held that in the fraud
the defendant acquiesced because of
false representation made by the
plaintiff respecting the state of her
health, and therefore that Kelly could
not be held liable for the alimony
awarded. The supreme court could
not see it this way.
An echo of the old G. V. stamey
| arson cases came today from the su-
preme court when that tribunal on an
| application for rehearing, refused to
set aside the Shawnee county district
courts findings in an action to collect
| insurance on property destroyed by
fire. When barn owned by Stamey
| was destroyed by fire, one policy pro-
| vided for payment to carriage COM
pany in event of loss. The trial court
| held that Stamey was not entitled to
collect under the policy and conse-
quently the carriage company held no
legal rights under the policy. On an
| appeal the case was affirmed. Today
the supreme court denied reversal
| after having granted a rehearing.
Stamey was convicted of arson and
is now serving a sentence in the state
penitentiary. Among property which
he is alleged to have burned was a
livery stable. None of this insurance
was ever paid. The suit to recover
was brought by Thomas NJ. Lillard as
trustee.
Mary Sasso's judgment for damages
against Gustav Carlson will stand,
according to a decision of the su-
preme court in an appeal from Shaw
nee county The plaintiff in the case
bile while she was crossing a street
in Topeka. Seven witnesses testified
that Carlson was driving at an eX-
cessive speed and did not seem &c
have his car under control. An i'm
porta Mt witness for the defense was
not present and his attendance could
not be compelled under the state law
Carlson asked for a new trial, was
overraled and he appealed. The su-
preme court affirmed the trial court
The supreme court affirmed q
Judgment of the Shawnee county dis
trict court in awarding to Matte L
Brown and Margaret B. Edmondsor
title to a five-acre tract of land
claimed by J. F. Going under t11
title. The court held that Going's
tax deed had been prematurely ISSUED
and gave the land to the women.
A judgment in favor of Ezekiel L
Denver against the Santa Fe railway
for $4,000, because of the death OF
Calm E. Denver, his son, was today
! reduced to $4,000. Denver was 6
railway employee and was killed wner
an engine boiler exploded. The jur,
was convinced that the explosion wa:
due to defects in the engine and no
to carelessness on. the part of Den
yer. Because evidence showed Denve-
was 81 years old at the time of Iii
death and had contributed but $40
to the support of his parents in Ih'
five years preceding his death, tn
/ Judgment for $4,000 was modified an
= $4,000 allowed by the supreme court
! SUPREME COURT DECISIONS