The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-05-08
IN SUPREME COURT
Kansas City, No., Cannot Be
Sued i'm This State.
Joint Patrons Must Tell or Go
to Jail.
DENTIST HELD RESPONSIBLE
For the Acts of His Assistant
i'm Finney Co. Case.
Rulings and Decisions of High
est Legal Tribunal.

in Finney county the supreme court
affirmed the verdict in the district
court Killion and Hitler qItarreled
over line fence. Killion struck Hill.
Iier over the head with a pair OF
heavy pliers which caused his deatn-
After knocking Hitler down kllllon
refused to help the man into buggy
driven by Mrs. Hitler so that ne could
be taken to a doctor or taken nome
Kansas City, Mo-, cannot be sued IN
Kansas for an injury to kansan lhat
was inflicted in Missouri under rui-
ing of the supreme court IN the sun
of Vira Marshall against Kansas CITY,
Mo. Mrs. Marshall lived in kansas
but was injured in Missouri she
brought the suit in Kansas pecdust
the Missouri city owned water plant
that was III this state me courts
held that the only place to prlng tns
suit was in the federal court M Ne
Justice Johnson wrote the opinion he
oIso dissented from it and Justice
Burch concurred in the dissent; II
was Justice Johnson's idea thaS ran
sas City came into Kansas the same
as anv other foreign corporation OF
nonresident and is similarly SUBJECT
to be sued.
If a man enters joint and buys
liouor and then is called as witness
in the prosecution of the Jolntist, ne
must tell what he purchased or De
sent to Jail and the fact that he is
sent to Jail does not prejudice the
case against the jointist. FRANCES
Pretz Marshall was being tried for
selling liquor in Riley county. one
of the witnesses IN the case leseihieu
that he bought something of Mrs
Marshall but he could not remember
what if was He said it might have
been beer but it might not have been;
The Judge ordered the witness 10 JAIL
for contempt. Another witness in the
case had been convicted OF perjury
in a former trial of the same matter
He had been sent to the penltentlary
and was paroled and returned TO
Manhattan and testifled IN the suit
The supreme court held that TINS tes-
timony was not improper even
though the witness was a convict pc
cause the legislature had passed a !
bill restoring to convicts the right TO
testify in all lawsuits.
"A dentist must keep his .instru- |
lnents of torture" clean and In
sanitary condition and If ne mas heip |
IN his office the dentist must be sure
that his assistant knows his business. |
This was the ruling of the Kansas
Supreme court in the suit OF Lola HOS
i1inson against DIR. ii. b. Smyser ap-
pealed from Finney county. Mrs Hos
l1inson wanted tooth pulled, ana
Smyser's assistant attempted to do IT, /
He failed. Mrs. HoSkinSOn was made |
very ill for some time because of the /
unsanitary condition of the 1nstru-
ments and the carelessness of the as
sistant. She brought suit for damages
w. Eugene King, Kansas CITY
lumberman, is not liable for the $500 |
Judgment for false arrest round
against him by the Wyandotte district
court in the suit brought by Hugh A
Lennon. Lennon brought the ac-
ton against King because the latter
made the verbal complaint which re-
suited in the arrest Lennon was
discharged without prosecution. The |;
upper court held that the citizen who
informed the policeman OF an offense II
80 aci1 10 fnr no SlhGPnnPnt |,
conduct of the officer in making the
arrest. The verdict of the lower court
was reversed. |;
No by law of a private corporation
which pretends to restrict the ability
of a stock holder to sell his stock, eX-
cept is prescribed by Kansas law,
is valid, said the supreme court today
in, granting the application of Art ;. |,
steele, president of the Consolidated II
Telephone company of Norton and
against the Farmers & Merchants
Mutual Telephone company to compel h
that concern to register block of
stock owned by him. Steele admitted |,
that he had bought stock in the Mu-
tual company in the hope of CONSOLE
dating that organization with his own
corporation. The directors of the Mu-
tual company got behind certain by
laws of their corporation and refused
to- register Steele's stock SO he could
vote it. The supreme court came to
Steele'S relief by declaring the MUTUAL
company could not hinder his use of Il
the stock so long as he had complied
with the state law in offering it for
record on the company's books.
Will Briggs. the Topeka jointist who
has been fighting liquor case
through the supreme court, must be-
gin serving his sentence of $500 and
six months in the county Jail for con-
tempt in the violation of an injunction
issued against him as jointist, at 314
Quincy street. Briggs set up the Il
claim that he had never received a
formal notice of the granting of the
permanent injunction and demanded a |,
trial by jury. /
In, passing upon his appeal the su-
preme court today declared that no
formal notice of the issuance of an
injunction against him was nee
essary because a temporary injunc-
ton which had been effective while l.
the original action was in prog
ress had never been revoked. 1t had
merely been made permanent. 1t was
also shown that Briggs lawyer was
in the court room when the lower
courts opinion confirming the injunc-
ton was announced. The trial of q
contempt case, the Supreme court
held, does not involve the right of the
defendant to a jury.
The supreme court today refused
a petition of o. F. Haney for a re-
hearing of his appeal from the de-
cision of the Shawnee county district L
court in his effort to restrain the |,
members of the city commission from
firing him from his job as police
man under the civil service ordinance II
OF Topeka Haney claimed that Mayor
r. L. Cofran and the other members
of the commission had no right to
remove him from the police force be-
cause he had been appointed under
civil service regulation.
The appeal court on one previous =