The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-11-06
WEBB KENYON ACT
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$1,000, held by the German American
bank of Topeka. Andrews was sued
on the note and in the trial of the case
testified that the notice of demand on
Badders and Bidders default had not
been served on him. A special ques-
ton to the jury touching this point
was answered in favor of Andrews
court, claiming reversible error be-
cause the trial court had refused to
admit an amendment to the petition.
Evidence on this point was accepted
in the trial, however, and the supreme
court refused to set aside the judg-
ment of the lower court.
Need Not Stay on Seat.
A passenger on street or interur-
ban car is not guilty of contribu-
tory negligence because he arises
from his seat and goes out on the
rear platform, preparatory to a1ight-
ing. This was the opinion handed
down by the supreme court today in
the case of Jasper Helms, of Joplin,
Mo-, against the Southwest Missouri
Railroad Co., operating between
Carthage, Mo, and Galena, Kansas.
The decision of the lower court was
upheld.
johnson Must Have Guardian.
When a probate court appoints a
successor to a resigned guardian for
an insane person it is not necessary to
serve notice of the appointment, even
though the patient has been dis
charged from the state hospital as i'm
proved. Swan Johnson was sent to
the Topeka hospital by the Shawnee
county probate court. A guardian was
appointed. This guardian resigned
and his successor was named. In the
meantime johnson was discharged as
improved and was enjoying unre-
strained liberty. Then guardian No.
two resigned, and a third was appoint
ed. Johnson asked to have No. dis
charged because he had not been no
titled. The court refused. Johnson
appealed to the supreme court and
that tribunal viewed the case from the
same angle as the lower court.
Hanson Loses Again.
John F. Hanson didn't have much
luck in q case against the justices of
the Kansas supreme court which was
tried before that court. Some time
ago Hanson became displeased with a
decision of the supreme court and
brought a suit against w. A john
ston, chief justice, ard Justices Burch,
Mason, Smith, Porter, Graves and
Benson, who were then members of
the supreme bench
The case was tried in the district
court and Hanson lost on a demurrer.
He lost again in the trial of the case.
Later he attempted to appeal to the
supreme court and this was dismissed
today because it had not been brought
within the proper time limit. While
the case was pending, Justices Smith,
Graves and Benson were retired from
the court and Justice Graves has since
died. The decision of the supreme
court was handed down by Justices
West, Marshall and Dawson, acting as
Division No. 2. These three justices
are the successors of the three retired
in the recent primaries and elections.
Can't Look at the Books.
City utilities granted franchises be-
fore 1907 need not allow inspection OF
their books and records by officials OF
the city, if their franchises provide for
the filing of an annual statement with
the city. The supreme court today
denied the writ of mandamus asked by
the city of Wichita against the Wich-
ita Railroad and Light Co. The legis-
lature of 1907 passed a law giving the
city commissioners access to all books
and records of any public utility. The
Wichita corporation was granted a
franchise in 1903, which provided that
it should file a detailed statement
showing its operating expenses and
earnings with the city clerk.