davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-04-13
1os. 19,14S and 19,149.


Thomas Lynn, Appellee,
B. NJ McCue ct al, Appellees; The Com
monwealth Trust Company ct al, APP
pellants
Appeal from Haskell County.
MODIFIED.
Syllabus By. the Court Mason, J.
l. In an action TO forec1ose a first
mortgage who made party
after summons had been served on the
mortgagor, filed answer setting out
second mortgage. The mortgagor made
no appearance. The decree provided that
after the satisfaction of the first lien the
residue of the proceeds of the sale should
be applied to the second mortgage: it re-
cited that the mortgagor was indebted to
the second mortgagor in a stated amount,
but included no personal judgment against
him. HELD, that the judgment was not
an adjudication against the mortgagor
with respect to defense to the balance
of the debt, which originated after the
second mortgage was made a party, but
before the judgment
p A corporation to whom as trustee a
mortgage was executed, securing railroad
bonds. brought an action to foreclose it.
The corporation held a number of the
bonds in its individual capacity as secur
ity for the note of their owner, who set up
claim that by a pretended sale the
Pledge had converted them, thus reduc-
ing or satisfying the debt to secure which
they were pledged The court made
no conversion: that the corporation still
held the bonds az security. having lien
on them for the amount due on the notes,
which was stated. judgment was rem
dered that the property should be sold,
be paid out of the proceeds, and that the
residue should go to the owner of the
bonds. HELD, that the findings were con-
firmed and given effect by the judgment,
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-04-13
No. 1928.
NJ. L. Nichols, Appellee,

NJ 1. Nichols, Appellee,
VS..
Patrick Quinn, Appellant.
Appeal from Cherokee County.
AFFIRMED.
Syllabus. BY the Court. Porter J.
l. In prosecution for indirect con-
tempt it is not necessary that the accusa-
ton be verified where a preliminary af
fidavit has been filed setting forth de-
PENDANTS failure to comply with the
courts order.
2 In such proceeding the court takes
judicial notice of previous steps taken in
the cause, and it is not necessary. to in
troduce in evidence the order which de-
PENDANT is charged with having disobeyed.
g. Section 6119, General Statutes 1909,
the court in proceedings in aid
of execution to make an order requiring
the defendant to turn over his property
toward satisfaction of the judgment, with
out finding that defendant is eoncealing
his property; it is sufficient If there is
a finding that he has property which he
unjustly refuses to apply in satisfaction
of the judgment.
All the Justices concurriI
true copy.
Attest: D. A VALENTINE,
[Seal.l Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-04-13
No. 19.411
John C. Boddington, Appellant,

John {. Boddington, Appellant,
The City of Kansas City, Appellee
Appeal from Wyandotte County
Third Division.
AFFIRMED.
Syllabus BY the Court West T
l. While it is the duty of a city to use
reasonable care to keep it's streets safe
for travel, and while driving over
such streets has a right to assume that
this duty has been performed, still he
must for his own protection exercise such
care as ordinarily careful persons would
MS under like circumstances
2. What constitutes ordinary care in
Guiding the use of ones senses must be
governed by the circumstances of each
case and what would be carelessness on
the part of one driving in the day time
might be prudent and cautious when drfv-
ing in the night time.
g. The use of X-ray photograph of
n chiId's breast is proper when the wit
ness using it desires thereby to illustrate
his criticism of an X-ray photograph of
an adult purporting to show fractured
rib the weight and effect of such illustra-
ton being for the jury.
f. A plaintiff suing for damages at
tempted to testify what 1T cost him to
have certain work done-he having been
disabled by the injury from performing it
and that he had it done as cheaply as
he could, which testimony was excluded.
HELD, error, but the result of the trial
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-04-13
No. 1888.
W. II. Cornwell, Appellee,


w. II. Cornwell, Appellee,
W. w. Moss, as Sheriff. etc, ct al, APP
pellants.
Appeal from Butler County.
REVERSED.
Syllabus. By the Court. Mason, !.
1. Where the holder of chattel mort
gage, having no knowledge of any inter
vening change in the title, lends to the
mortgagor an additional sum, taking a
new mortgage for the total amount on the
same and other property, and releasing the
first mortgage on the record, he is not
thereby necessarily precluded from rely
ing upon the lien of the first mortgage.
against one who purchased an interest
in the property from the mort ga ger while
the first mortgage was of record and I'M
released.
2. The requirement of the statute that
where a new trial is asked on account of
the exclusion of evidence, the excluded
evidence shall be produced at the hearing
of the motion does not apply where the
evidence in question had at one time been
allowed to go before the jury, and was
afterward withdrawn from their consid-
Grafton.
All the Justices concurring.
A true copy.
Attest: d. A. VALENTINE,
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-04-13
No. 19.S23.
The State of Kansas, Appellee.


C. s w Miller, Appellant.
Appeal from NeoSho County.
AFFIRMED.
Syllabus. BY the Court. West T
L An information under section 1S2 of
the crimes act Gen. Stat. 1909. Sec 2674)
which charges that the defendant being
lawfully committed to the county Jail on a
commitment issued by a justice of the
peace based on judgment rendered and
sentence imposed upon plea of guilty to
an offense, and being lawfully in charge
of a deputy sheriff, while being committed
lawfully, to Jail on such commitment, did
unlawfully break away and escape from
such officer, is held sufficient.
. 1t is proper for county attorney
to verify information positively when
he is able to do and the failure to add
his official title to his signature is imma-
terial.
3. sentence under the indeterminate
sentence act need not specify the minimum
or maximum punishment provided by law
for an offense.
All the Justices concurring.
A true copy.
Attest: D. A VALENTINE,
ISeall Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-04-13

No. 1855.
The Kansas city, Fort Scott & Memphis
Railway Company, Appellant,
etc. Appellee.
Appeal from Shawnee County.
division No. IL
AFFIRMED
Syllabus. BY the Court Mason. J.
A state may impose upon the franchise
of corporate existence of a domestic cor
poration a tax measured by the amount of
fits capital stock, Notwithstanding a large
part of its business may consist of inter
state commerce
All the justices concurring, except Daw-
son. j. who did not sit.
A true copy.
Attest: D. A. VALENTINE,
ISeal.l Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-04-13
No 1439G.

No. 1896
The Atchison, Topeka & Santa Fe halfway
Company, Appellee,
VS..
The City of Chanute, ct al, Appellants
Appeal from Labette County
REVERSED AND REMANDED.
Syllabus By the Court. Dawson, ):
Where parts of streets in the heart
of the city are missing on account OF the
existence of railroad tracks and rights on
way it is proper for the city, for the
assessment of special improvements, TO
consider that city block covers e the c sma
surrounded by streets, and to extend the
special assessment to the eentep Gt maR
thereby cover the railway property within
such block rao
+ion civ % Kan 513, 141 Pac. 299, that
nroceedings to challenge legality of special
improvements must pc comlheheeu "'nii
thirty days, followed.
Ali the Justices concurrlng
A+taSt. D. A. VALENTINE,
1Sea11 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-04-13
LEGAL.

plaintiff justifying the utterance of the
4 Where the presence of bystanders at
a conversation between husband and wife
is mere casual incident not in any sense
viii not be deprived Of tine priviie as ~
3. In an action for SANDER the defend
words were spoken in a eonversation with
her husband at time when she under
ed for his conduct with the plaintiff and
another woman where he lived, and that
upon their family, and that She desired to
warn him in the protection of his own in
HELD, that an Instruction charging that
If third person overheard what was
such person was mere eavesdropper,
was error.
All the Justices concurring.
Attest: D.. A. VALENTINE,
lSealI Clerk Supreme Court
No. 1881.
Ada Burhans Smith, as Administrative.
etc, Appellee,
J. p; Bowersoek, doing business The
Lawrence Paper Manufacturing Com
pany, Appellant.
Appeal fE0 nj R SSigIn County
SYLLABUS BY the Court Johnston, c. j.
da l.: An appeal may be taken from an or;
within six months after the order is made
although more than that time has inter
the return of the verdict and the taking
OF the appeal, and all rulings and ques-
tons that were open for consideration on
the motion for a new trial are open for re-
view on the appeal.
The appointment of the plaintiff
adm1n1stratrix alleged in a petition is not
put IN ISSUE by an answer denying that
the plaintiff has capacity to sue and a
ver1f1cat1on alleging that the facts stated
In the answer are true.
3. All persons employed or laboring in
a manufacturing establishment are entitled
to the protection provided for in the fac
tory act claws 1903, CHI. 356; Gen. Stat.
1909 secs. 4676-46S3) without regard to the
nature of their employment, their rank or
grade, and 1T Is the duty of the owner
gerous machinery where it is practicable
to do so and if he fails in his duty in this
respect he will become liable for the in
jury and death of any employee, including
a superintendent of the factory which re-
suits from the omission of this duty, and
this although the superintendent was au-
thorized to direct and control the details
the owner and operator and his managers
and although the dangerous character of
the machinery and the practicability of
safeguarding it was open and obvious and
1t is further held, under the evidence in
this case, that there is nothing in the rela-
lions of the parties the circumstances
of the case to absolve the defendant from
liability for the death of the superintend-
ent which resulted from his failure to pro-
vide safeguards conceded to have been
practicable and necessary to the safety of
employees.
All the Justices concurring.
A true copy.
Attest: d. A. VALENTINE,
ISeal.1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-04-13
No 1924.

No. 49, 24.
r. G. Riley and w. B. Riley, Appellee,
c. L. Foster, w. B. Glass, s; p. Raimey
Appeal from Coffey County.
AFFIRMED.
SYLLABUS By the Court. Marshall, ).
/. description in a deed, as follows !:
"AIl in full Of Lots Three 90 ana T -Four
~ in Block Two (2) of the Original i 10 ~
Include IN We the Triangular strip off of the
Northwest corner of said Lot Four "a,
is ambiguous because the triangular
strfn referred to may be either trian.
guIar part, or the whole; of tracr OF
land living on the north side of lot 1our-
2 If a description in a deed is amo1gu-
Gus. evidence to explain the ambiguity
and identify the land intended to be con-
yeyed is admissible.
All the Justices concurrtng.
A true copy. r1>yE
TSeaI1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-04-13
No. 1920.

No. 1920.
Charles H Wisner, ct al, Appe1lees,
C. Q. Chandler, ct al. Appellants.
Appeal from Barber County.
REVERSED.
Syllabus. BY the Court Burch, J.
1. The time when contested will was
made is the time of primary Importance
to be considered in estimating testament
tary capacity. Evidence of capacity and
of want of capacity before and after that
time merely aids the investigation.
2. Evidence that testator clearly mani
tested the symptoms of senile dementia
wards the mental reduction continued I'M
til the extreme degree of dementia
reached at the time of his death, which
occurred approximately nineteen months
later, is not conclusive of incapacity to
make the will.
3. 1t is proper to consider the provi-
sions of a contested will as bearing upon
the mental capacity incapacity of the
testator and when 1t is established that
aided and uninfluenced mind, it's char
acter may be such that it affords highly
satisfying evidence of teStamentary
pacity, although the testator may have
been afflicted with senile dementia.
f. Findings of fact considered and held
to establish the testamentary capacity of
a man who made his will in October, 1911,
ty-eight years, and who at the time of his
death had lost his mind through senile
dementia.
All the justices concurring except Mar
shall, J.. who did not sit.
true copy
Attest: d. A. VALENTINE,
[SeaLl Clerk of Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-04-13
No. 1881.
lea Minnie Lynn, Appellee,


William T. Lynn, Appellant
Appeal from G{ Eh 4, tnHq County.
Syllabus. BY the Court. Porter, J.
1. In action for divorce brought by
the husband in the district court of Mont
filed a cross petition asking that the d.
yyorce be grained to her on the ground of
his extreme cruelty and gross neglect of
duty. There was n hearing in November.
advisement. but recommended that the
parties try living together again as hus-
band and wife In April 1912, the wife
alleging that the defendant continued to
treat her with extreme cruelty. There was
a hearing upon this application in October.
1912, a final judgement was rendered re
awarding the custody of the children to the
wife and providing for alimony and a
of March 1913. the Wife, having removed 3
to Chautauqua county, brought an action
alleged extreme cruelty and gross neglect
of duty; the defendant filed a plea of res
judicata alleging that the matters had been
that a judgment in the wife's favor based
upon evidence Of acts occurring subse-
former action will be sustained.
should or s69nd ne be in scS
case the court may properly take into CON
sideration facts showing the failure Of the
and during he tendency of the former ac-
ton.
qua county made the same order with re-
spect to the custody of the children
gomery county. there is no room for con-
flict. of jurisdiction between the two
All the Justices concurring.
true copy. -
Attest u. A. VALENTINE,
(Seall Clerk Supreme Court.
No. 1915.
The Atchison. Topeka & Santa Fe Railway
Company. Appellee,
Earl T. Bowman, John s. surber, Garni-
She 10. A is'f7s'
Frank Rockefeller, Appellee,
Earl T. Bowman. CJohn s. surber. Garni-
Appeal sf from A BPeber County
AFFIRMED
Syllabus. By the Court. Dawson II
Bank. s. kan 7ss, Sc pac. ioa4. p reiat ho TO
duty of garnishee. followed,
and supported by competent testimo1v
Will not be disturbed. followed. '"'
3. Where person arrested for a feIoDv
81 600 to indemnity a bondsmar.
upon condition Iii. that II defendant appeared
piled to the satisfaction of debt due from
Pssdgd be sabsset and fb the
pledgor: but upon the institution Of
and 10 ts soB public III 9S
money to his own use; HELD. that this
he deposit and at least 500 e Of tbe of
m the bondsman's hands became subiect
@ the garnishmIent Proceedings, especially
liability affidavit prescribed by Civil Code.
4. In the case just mentioned the
yarnishee should have made the affjd.,Ite
prescribed by Civil Code sec. 234 settine
orth the CAIN OF any third party to the
All the Justices concurring
Attest: d A VATENTrE1s
lSeaLl Clerk of Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-04-13
d. A VALENTINE,
Clerk Supreme Court.

No. 1887.
James Whitman Ous1ey, Appellee,
J. J. Curphey, ct al (as city officers of
Usage City, Kansas) and the National
Surety Company, Appellants.
Appeal from Usage County
REVERSED.
Syllabus. BY the Court West. J.
1. The assignee of a Judgment against
city and Construction Company-the
latter being insolvent-sued the city in
pay. the judgment Certain surety com
panies which had become surety on the
Construction COmpany's indemnifying bond
to the city, and on it's supersedeas bond on
ing secured by a deposit of collateral :
were by the other surety company sought
to be made parties and an application to
intervene was made by such other COM
1y the nominal holder of the Judgment for
the company which had signed the super
sedeas bond, which company by col1usfon
with him and with the Construction Com
cant the burden of liability for the judg-
ment. The court considered the evidence
offered, denied the application and issued
an alternative writ, from which the appli-
cant and the city which also asked that
the surety companies be made parties, ap-
peal 1t is held that as to the application
to intervene its denial final and ap-
pea1able, and that under the evidence such
ruling was error requiring a reversal.
2. The action being for a peremptory
writ of mandamus, the order granting an
writ is interlocutory and not
appealable.
8. The rule that in mandamus actions
others than the original parties, who
are interested in the matter or result may
properly be made parties
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
[SeaL1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-04-13
No. 1920.
W. G. Fuller, Appellant.

NO. 19,429.
w. G. Fuller, Appellant.
Mary r. LOTUS and j. v. Kelly, AppeIlees.
Appeal from Leavenworth County.
AFFIRMED.
Syllabus. BY the Court Burch. J.
A supersedeas bond given appeal
from a judgment foreclosing mechanics
lien, which included a personal Judgment
for the amount of the lien against the
property owner. interpreted and held to
be a statutory bond given under the first
of section $50 of the civil code
relating to stay of execution of judgments
for the payment of money.
Johnston, c. J., Mason, J., Porter, J.,
West, J., Marshall, J., Dawson, j., con-
curing. Burch, j., dissenting
A true copy.
Attest: D. A VALENTINE,
ISeaLJ Clerk of Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-04-13

No. 1850.
Omar Alternately, Administrator de bonis
non, of the Estate of John C. Douglass,
deceased, Barton Hall, Asstgnee), APP
pellee,
Mary r.. LOTUS, Administrators of the es-
tate of Matthew Ryan, Sr., deceased,
clarence r. Ryan, substituted adm'rl,
Mary LOTUS, for herself Catherine s.
Ryan. Thomas c. Ryan, Jr., Mathew Ry-
an. Thomas c. Ryan, Sr, Ethan Ryan,
Jeptha ID. Ryan, Lee Ryan, Samuel Ry-
an, Mary J. Sheedy, Florence j. Sheedy,
Dreschel, Clarence r. Ryan, Ryan LOT
LOTUS, Appellants.
Appeal from Atchison County.
REVERSED.
Syllabus. By the Court. Marshall j.
l. An action, under section 1892 of the
General Statutes of 1889, against the stock
holders of corporation, that has sus-
pended business for more than one year, is
barred by the three year statute of imi-
tations, when four years have elapsed,
after such suspension of business.
2. The obligation arising the i'm
piled contract of corporation to pay for
coal wrongfu11y mined from the property
of another, and not paid for, is debt
unpaid" within the meaning of section
1904 of the General Statutes of 1889, pro-
viding that if any corporation be dis
solved, leaving debts unpaid, suits may
be brought against any person or persons
such dissolution.
true copy.
Attest: ID. A. VALENTINE,
TSeal.i Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-04-13

d. A. VALENTINE,
Clerk of Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-04-13

1T. D. A. VALENTINE,
i Clerk Supreme Court
Dakota farmers' leader. (Canton, S.D.) 1890-19??, 1915-04-16

the dining-room window. 1t was a sly,
cover though intensely eager look
that he directed at another window far
below. If he hoped for some sign OF
life in his fathers study he was to be
disappointed. The curtains hung
straight and m~otionless. He wouid
have denied the charge that he longed
to see Yvonne sitting in the easement,
waiting to watt a sign of greeting up
to him, and yet he was conscious OF
a feeling of disappointment, even an
noyance.
With considerable ad%roitness Lydia
engaged his attention at the piano.
Keyed up as she was, his every emo
ton was plain to her perceptions. b
had anticipated the motive that led
him to the window. h knew tina
it would assert itself in spite of all
that he could do to prevent. She wait
ed humbly for the thing to happen.
pain in her heart, and when her read
ing proved true, she was prepared to
combat it's effect. Music vas her only
ally.
How does it go, Freddy-the thing
you were playing before breakfast?
She was trying to pick up the elusive
air. 1T is such a fascinating. ador-
able thing. Is this right"
He came over and stood beside her.
His long, slim fingers joined hers on
the keyboard, and the sersuous strains
of the waltz responded to his touch.
He smiled patiently as she struggled
to repeat what he had played. The
fever of the thing took hold of him at
last, as she had known it would.
Leaning over her shoulder, his cheek
quite close to hers, he played. Her
hands dropped into her lap. Finally
she moved over on the bench and he
sat down beside her. He was absorbed
in the undertaking. His brow cleared
His smile was a happy, eager one.
It's a tricky thing, Lyddy." he said,
enthusiastically, but you'll set It.
Now, listen"
For an hour they sat there, master
and pupil, sweetheart and lover, and
the fear was less in the heart OF one
when, firing at last, the other on
tentedly abandoned the role of task
master and threw himself upon the
couch, remarking as he stretched him.
self in luxurious ease:
Il like this, Lyddy. | wish you
didn't have to go I'VE there and dig
away at that COMPOUNDED journal. l
like this so we'll that, pom my soul,
I'd enjoy loafing here with you the
whole day long"
Her heart leaped. You shall have
your wish, Freddy" she said, barely
able to conceal the note of eagerness
Dakota farmers' leader. (Canton, S.D.) 1890-19??, 1915-04-16

IHW az ElI .E-.
In the New York home of James Brood.
his son. Frederic, receives a wireless
from him. Frederic tells lydia Des-
mond, his fancee, that the message an
nounces his ather's marriage, and orders
Mrs. Desmond. the housekeeper and
Lydfa,s mother, to prepare the house for
an immediate homecoming. Brood and
his bride arrive. She wins Frederic's hk-
Ing at first meeting. Brood shows dislike
and yelled hostility to his SON. Lydia and
Mrs. Brood met in the jadc-room, where
lydia works as Brood's secretary. Mrs.
Brood is startled by the appearance of
Ranjab, Brood,s Hindu servant She
makes changes In the household and gains
her husbands consent to send Mrs. Des-
mond and Lydia away. h fascinates
frederic She begins to fear Ranjab in
his uncanny appearances and disappear
aneas, and Frederic, remembering his
fathers East Indian stories and firm be-
1ab performs feats of magic for Dawes
and Riggs.s Trederic's father, jealous. un-
Justly orders his son from the dinner table
9s drunk. Brood tells the story OF Ran
1ab,s life to his guests. HE killed q wom-
IN" who wass unfaithful to him. Yyonne
plays with F'rrderic's nfatuation for her.
Her husband warns her that the thing
must not go on. She tells him that he
still loves his dead wife, whom he drove
from his home, through her, Yyonne:
Yvonne plays with Brood, Frederic and
Lydia as with figures IN a chess board.
Brood. madly jealous, tells Lydia that
Frederic is not his son.