davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-12-18
No. 1876.
Clara Chapman. Appellant


Clara Chapman, Appellant
Go. Farrell, as Sheriff of Phillips county,
and Emma L. Montgomery, Appellees.
Appeal from Phillips County.
AFFIRMED.
Syllabus. By the Court Johnston, c. J.
l. In transfer of property from
husband TO his wife where it was charged
that it was done to hinder. delay and defeat
the enforcement of judgment against
the vender or the collection of debt the
facts and circumstances of the tFansac-
ton are to be closely serUtinized to see
that it is free from fraud. and If the
evidence shows that the sale was made
by him to hinder and delay creditors it
amounts to a fraud on his part, and If she
had knowledge of his purpose or of facts
and circumstances from which such
knowledge may be inferred and eooperated
with him in carrying out the purpose the
transfer is invalid TO her
2 1t is not enough that she may have
paid him a sum equal to the value of
the property aHsferred but 1T must have
been made in good faith the element
of good faith is essential to valid
transfer as an adequate consideration.
s. No error was committed in in
structing the jury that direct and positive
evidence of fraud is not required or in
telling the jury that:
1T is rare, indeed, that fraud can be
proved by direct and positive testimony
of reliable witnesses 1t is an almost
invariable rule that 1t only be de-
duced from a consideration of many facts
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-12-18

No 1916.
James B. McCabe, Appellee.
L. II. McCabe, ct al, Appellees, and Jane
McCabe, Appellant.
No. 1920.
James b. McCabe, Appellant,
T. II. McCabe, ct al, Appellees, and Jane
McCabe. ct al.
Appeal from Chase County.
AFFIRMED.
Syllabus. By the Court. Dawson. J.
The main facts of a family settlement
and of a partition and accounting, so far
as shown by an incomplete transcript of
the record, examined and the Judgment
thereon approved.
All the Justices concurring.
A true copy
Attest. d. A. VALENTINE,
[Seal. Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-12-18

No. -. 49,
James L. Armstrong, Appellant.
The Banking Trust Company and Harry
Bedell- AppelIees.
Appeal from Wyandotte Comfy.
Division No. ..
AFFIRMED.
Syllabus. By the Court. Porter, J.
1. Where special assessments against
are subsequently relieved. they do not
constitute an incumbrance which relates
back to the original levy so as to come
within a covenant of warranty against in
cumbrances which was entered into sub
sequent to the first levy and before the
re-levy.
2 In an action to recover for breach of
2 covenant against incum ORANGES, ft was
shown that in 1892 the city Of Kansas
City levied special taxes against the real
estate for local improvements the ASSESS
ments being payable in ten annual INSTALL
ments. After they were levied and before
any installments were paid, the ASSESS
ments were declared void and their collec-
ton eDtoined. On March p, 1912. subse-
quent to the conveyance of the land to
Heats under the provisions of Xxx 993
Gen. Stat 1909. Held. the real estate was
subject to re-assessment Of the taxes
which made them in strict sense in
eumbFanee, yet they did not become an in
cumbFanee in the sense contemplated by
the covenant until they became a lien by
virtue of the re-leYy.
All the Justices concurring.
true copy.
Attest: ID. A VALENTINE,
tseatI Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-12-18
No. 20.024.
State of Kansas, Appellant,

No. 2O.O24.
The State of Kansas, Appellant,
George L. McCullagh and H B. Savage.
Appellees.
Appeal from Cherokee County.
REVERSED.
Syllabus. By the Court. Mason, J.
1. Congress has no power to prescribe
regulations for the protection of migra-
tory game birds while within the boun-
DIARIES of Il state.
2 A state law forbidding the shooting
of ducks from motorboat is a valid exer-
else of the police power, notwithstanding
the same act limits the number to be killed
by one person in day
All the Justices concurrfnR
A true copy.
Attest: n. A. VALENTINE
[Seall Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-12-18
No. 1919.
Henry J. Dannenburg, Appellee,

NO. 19.I19
Henry J. Dannenburg, Appellee,
The Missouri Pacific Railway Company,
Appellant.
Appeal from Smith County
AFFIRMED.
Syllabus. By the Court. Burch, J.
l. The statute providing for recover
ing attorney fee in case of suit after
demand and refusal to pay for stock killed
or injured in the operation of a railroad
tGen. Stat. 1909. Sec 1902 was not de-
signed to attach eneFOus penalties to the
nonpayment of extravagant demands but
requires payment of an attorney fee in
case suit should be necessary to recover
a Legitimate demand and consequently
does not deny due process of law within
the puFview of the federal constitut ton.
2 If in action brought under the
statute the plaintiff recover sum con
siderabIy smaller than that stated in his
demand attorney fee should be al
lowed when refusal to comply with the
demand was not based on the ground that
it excessive and the action was re
sisted on the ground that the defendant
was not liable in any sum.
g. Assignments of error relating to the
admission of evidence and to findings of
fact held to be without substantial merit.
All the Justices coneurring.
true copy.
Attest: d. A. VALENTINE,
TSeaL1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-12-18
NfON-K

MON-
property: any amount. low interest rates
and most liberal terms. Call or write Cor
our plan. w. NJ. Eorbes & Co.
FARM i.OASS. b aad II per cent '.lchO,s
Realty Co. h2a KuDs. ave. Tei. AN
TO LOAN $500 on real estate security. -
commission. Address NJ. L.. care Journal.
S AND 6 PIER CENT
Money to lonu on farms and Topeka city
property.
Loans made for building homes and ON
houses already built
Partial payments permitted and priyf-
iege given TO pay entire loan before ma
II you wish n new loan or have ma
tnT1ng loan or wish to change your loan
ether farm or city. write or cali
BEIZER REALTY & LOAN COMPANY
new Eng. Bldg. 0peka Representa- tivea
u s. MORTGAGE TRUST 20. CAPiftf
AND SURPLUS $4,000. 600 -
MONEY TO LOAN ON ALL KINDS or
PERSONAL PROPERTY
iiorses. cattle. pianos. diamonds house-
hoid goods. libraries typewriters autos
carriages machinery. and to saIar ied neo-
PIE. II. > Thomas, $40 Kan. Ave Tel 2a9
MONEY TO LOAN on real estate CITY
ana farm. Rates low.
STATE SAVINGS BANK
=. W. Cor. 9th AMI Kan. Ave.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-12-18

No. 1868.
Abe NoIl, Appellant,
Henry Ellerman. Ed ElIermnn and Otis
FOTsythe, AppeIlees.
AFFIRMED.
syllabus. BY the Court. West J.
1. The plaintiff sued for damages al
live stock. The jury found for the de-
ing to indicate any other subject or OBJ
Jeet of the controversy volume of evil
denee was introduced and the case was
tried as one involving Il partition fence.
Held, that as no error respecting the
pleaded contention is shown the record
will not be extensively scrutinized to as
certain whether not some outside issue
was tried according to legal rules, such
ing to disclose prejudfciaI error
= Rule followed that reversal will not
be ordered for failure to award nominal
All the Justices coneurring
A true copy.
Attest: ID. A. VALENTINE.
fSeal.I Clerk Supreme Court.
No. 1a,Gs
Fred S. Dye, Appellee.
pany, (The Atehison, Topeka & santa
Fe Railway Company, Interpieader),
Appeal from Finney County
REVERSED.
Syllabus. By the Court. Marshall. J.
Where domestic railroad receives a
cattle car from a foreign railroad in an
other state under custom. rules and
tract by which the domestic road carries
the car loaded to its destination in this
state and unloads it, and must return the
car promptly to khe foreign road but may
load IL on its return trip. paying a per
diem for the use Of the ear, the right of
the domestic road to the of the
is superior to the right of an attaching
creditor Of the foreign road; and such
right of the domestic road is not waived
by it's local agent requesting the sheriff
to remove the car from the tracks of the
domestic road when he Ievies the attach
ment and by setting the stub
tracks so TO be under the control and
dominion of the sheriff under the orders
of the court.
All the Justices concurring.
true copy
Attest D. A VALENTINE,
ISeaLl Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-12-18
No. 1911

No. 9711-
Gertrude Nicholas. (Reyiyed in the name
OF Patrick II. Coney, Administrator of
the estate of Gertrude Nicholas, de-
ceased), Appellee,
The Topeka Railway Company, Appellant.
Appeal from Shawnee County.
First Division.
REVERSED.
Syllabus BY the Court. Marshall. J.
Where a street railway company main
tains it's tracks in city on the grade
required by ordinance. and is not re-
quired by ordinance to build cross walks
or keep them in repair. and the city con
structs n walk across the railway tracks
and places the top of the walk nine inches
below the top of the rails, the company
is not liable for injuries sustained by a
pedestrian by being trfpped by the rail
while attempting to cross the railway
track the walk
All the Justices concurrfng.
A true copy
Attest: D. A. VALENTINE,
TSeaLl Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-12-18
Nc. 1880.
c. +. Cooper, Appellee,


c. +. Cooper, Appellee,
E H. RagsdaIe. (AppeIIeel. and Beeler
Burr, q. L. Light Vern Light and John
Kirk, Appellants.
Appeal from Reno CoHnty
REVERSED.
Syllabus BY the Court. Marshall. i.
/: Whether or not there has been II
waiver of warranty in the sale of u stall
lion by giving Il new note for the pur-
chase price after Knowledge Of breach of
the warranty, is a question of fact and not
of law and should be submitted to the
jury.
p stallion sold under a warranty
providing for his return to the seller If
must be returned at the place where the
sale was made, unless the warranty pro-
vides otherwise
3. A stallion ''of same value" as the one
the warranty and in all respects be of II
value equal to the horse sold if that horse
had fulfilled the warranty.
1. The purchaser of stallion sold with
IF the above named stallion does not
get so per cent of the producing mares
and filleys with foal with proper care and
handling, | agree to replace him free of
charge with another of the same value
upon the delivery to me of the stallion in
as sound and good condition as he is at
present"
has two remedies on n breach of war
ranty; one to return the stallion and the
other to retain him and recover the dam
ages sustained.
5. The expense of keeping stallion is
a proper item of damage where the war
Tanty under which he has been sold is
broken
6. Motion for Judgment notwithstand-
ing verdict properly denied.
All the Justices concurring.
true copy.
Attest d. A. VALENTINE,
tSeal.l Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-12-18
LEGAL
No. 1868.
Jennie NJ. Barnes, Appellee.

Jennie NJ Barnes, Appellee.
The General Accident, Fire & Life Assur-
surance Corporation, Ltd, Appellant
Appeal hiv frGm S Sedgwiekr w County
AFFIRMED.
Syllabus By the Court Dawson, j;
An accident insurance policy contained
"(m) Written notice of any injury. fatal
or non fatal, or of any illness for which
claim be made, must be given to the
Company at Philadelp hia, Pa, within ten
days of date of accident or beginning OF
illness. Failure on the part of the assured
d beneficiary to comply strictly with said
notice requirement shall limit the liability
of the Company to one-fifth the amount
which would be otherwise payable under
this policy. Notice to an Agent does not
constitute notice to the Company.
''(n) Proof. satisfactory to the Company,
affirmatively establishing the fact that
the injurX loss or disability is su eand is
tons of the policy, must be furnished to
the Company at PhiladelphIa; Pa Pa co ION
pany), within thirty days from date of
death. loss of limb or of sight, or of the
law or in equity shall be maintainable be
fore three months after six months
from the date which this paragraph
to the Company. Any claim not brought
in conformity with the provisions of this
paragraph shall be forfeited to the Com
Held. that the first paragraph did not
require notice to the company to be given
by the beneficiary within ten days of the
death of the assured and held, that a
compliance with the second paragraph by
the beneficiary within the time therein
specified was sufficient on which to base
An the justices eoncurring
A true copy.
Attest: D. A. VALENTINE,
[SeaL Clerk Supreme Court
No 1879
The Kansas City Breweries Company. APP
pellee
The City of Kansas City. Kansas: c. w.
Kansas; and w W. Gordon, chief Of
police of the city of Kansas City, Kan
saS. Appellants.
Appeal from Wyandotte County.
Division No. l.
AFFIRMED IN PART
syllabus By the Co, Court IT.. Ma Marshall J.
.. \ cross petition filed by defendant
city, which cross petition states that the
acts IS are m Violation 81 the
eating liquor laws Of this state and the
ordinances of the defendant city, and
defined by the law of the state and the
ordinances OF the city AID asks ISL for Ear an
states a cause Of action.
5 An action prosecuted by the mayor lT
prosecuted by them as citizens of the
county and in the name of the state.
T.
an action to enjoin and abate an intoxi-
eating liquor nuisance operating within
its limits.
3 vehicle moving about from one
place in the city to another while engaged
In selling Intoxicating liquors in violation
of law and of the ordinances of the city.
is place" within the meaning of section
1887 of the General Statutes of 1909 and
Of city ordinances which prohibit nuisanees
as defined in that statute.
6. Intoxicating liquors brought into
this state from another state and intended
bO w receive
IL to be used in violation of the law of
this state are not articles of interstate
All the Justices concurring.
A true copy.
Attest: d. A. VALENTINE.
ISeaIl Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-12-18
ID. A VALENTINE,
Clerk Supreme Court.

No. 10,709.
Emma Brizendine, Administrators of the
estate of Adam Martin, Deceased, APP
pellee,
Union Pacific Railroad Company, Appel
LIANT
Appeal from Saline County.
AFFIRMED.
Syllabus BY the Court West, J.
l. The evidence Justified the jury in
finding negligence by reason Of failure to
equip the defendants coal chute machin-
cry with some device to prevent loaded
buckets from slipping backwards when
obstructed.
2 The question of contributory negli-
gence was for the jury and their finding
with reference thereto must stand.
g. Rule followed that general knOwl-
edge of a situat ion does not bar recovery
on the ground OF assumption of risk
less the injured party appreciated the
danger.
All the Justices concurring.
A true copy.
Attest: D. A VALENTINE.
TSeaL1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-12-18

No. 10 767.
The A. c. Houston Lumber Co, Appellant
VS..
f. S. Hunt, George. L. Brown, and The
Brown Investment Company. Appellees.
Appeal from Cowley County.
AFFIRMED.
Syllabus By the Court. Porter. !.
Doane V. BeFer 90 Kan. ass. IS Pac 693
followed, and held. liens for material used
in the construction of improvements
real estate are created by statute. and the
law recognizes equitable lien arising
from the fact that material is fur
nisbed for and used to improve the real
estate of another.
All the Justices concuFrfng.
true copy.
Attest: ID. A VALENTINE.
tSealI Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-12-18

No. 1854.
c. W. Avery and c. G. Kesling, Partners,
Appellees
George s. Howell and w F. Rhinehart,
Partners. Appellants.
Appeal from Gray County
REVERSED.
Syllabus. BY the Court. Porter J.
l. The rule in Acker V. Norman, II Kan.
$50, 81 Pae. 531, is again followed. and there
there being some evidence to support de-
PENDANTS case, held. it was error to sustain
the demurrer.
q In an action to recover a real estate
agents commission, the answer set up,
first, plaintiffs fraud whereby defendants
were induced to make agreement with
n third party for an exchange of proper
ties; second, that such third party was
not ready, able and willing to carry out
the agreement; held, error to ignore the
second defense and to submit only the
defense of fraud.
All the Justices concuKrfng.
A true copy.
Attest: d. A. VALENTINE,
tSeall Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-12-18

No 10 TG5
Gilbert Avery and c. q. Keesling. part
ners doing business the Gray County
Land Co., Apellees
J. A. Nichols. Appellant
Appeal from Edwards County.
AFFIRMED.
Syllabus. By the Court. Burch. J.
If a contract for real estate agent s
commission reserve to the principal a
choice between two methods of satisfaction
and he disable himself from adopting one,
he must adopt the other
All the Justices concurrinE.
\ true copy.
Attest: u. A VALENTINE.
lSeal.l Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-12-18
No. 2O,396.
Lillian Smith, Appellee.


National Sash & Door Company, Appel
liant.
Appeal from Montgomery County
AFFIRMED.
Syllabus. By the Court. West. j.
The plaintiffs son, eighteen years old.
living with her and her husband, turned
over to her his wages. paying nothing for
his board, room laundry but obtaining
from her money for his expenditures. Al
though she was supported by her husband
she had required certain medical and sur
gicaI attention, the expenses of which were
wages were always available by her for
such attention, all of which extra expense
could be met only by using a portion of
his earnings. Held, that she partly
dependent upon the son and could recover
under the workman's compen sation act on
account of his death.
All the Justices concurr1ng-
A true copy
Attest: ID. A VALENTINE,
[SealI Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-12-18
No. 1871.
n. H. Clark, Appellant,

H. H. Clark, Appellant,
George Townsend, revived in the name of
NJ L. Schaden, as Administrators, ETC.,
Appellee.
Appeal from Wyandotte County.
division No. IL
AFFIRMED.
Syllabus. BY the Court. Mason, J.
l. In an action for the rea sonable value
Of services rendered 1t is not error to adj
nit under a general denial evidence of an
agreement that charge was to be made
therefor where no actual prejudice ap-
pears
2. Where the recipient of letter author
izing him to buy certain property upon GER
tain terms the agent of the writer,
nothing being said about compensation,
brings an action for the reasonable value
OF his services hereunder, the defendant
may show a prior agreement that no
charge was to be made. if under all the cir
eumstanees the document does not appear
to cover the entire contract of the parties
3. An unsigned memorandum of a pro-
posed contract, although of different eff
feet from the instrument finally executed,
may be received In evidence for the purpose
Of showing the relation of the parties,
where that will throw light upon their
understanding with regard to a subsequent
transaction.
All the Justices concurring.
true copy.
Attest: D. A VALENTINE,
[Seal.l Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-12-18

WANTED-Your lawn mower to overhaul
and grind, factory process 81 90 TIL
Howard. 1871 Free delivery.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-12-18

JOHN PETRZILEK, the only practi
furrier in Kansas I27 " 7fh Topeka
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-12-18

All NAMES for sale or rent. near mi.
cBsnfcai department In the COM try
CRANE & co.
Totexa. Kan IS Years In R1stnesa
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-12-18

d. A. VALENTINE.
Clerk Supreme Court.
Camas Prairie chronicle. [volume] (Cottonwood, Idaho) 1901-1917, 1915-10-08
FRIDAY, OCT. 8, 1915.

A. L. Creelman left Wednesday
for Lewiston to remain for several
days.
Mr.. Donaldson started work with
a crew of men the first of IL e week
putting in the cement sidewalk in
front of the Peterson lot near the
hotel and will also build founda-
ton on the lot for Mr.. Peterson
who may later decide to erect
building there.
Two Sisters from the Slickpoo
Mission were in town the first of
the week soliciting funds for the
support of the orphans being cared
for at their institution. Needless
to say, they found our citizens
ready to contribute Loyalty to such
| d WOlllly SduSSs
johnnie Schubert reports yield
of better than 60 bushels of wheat
to the acre from his farm northwest
of Greencreek and says the only
complaint he has to find with the
crop is that il only consisted of Il
acres instead Of 100, but phil
osophically remarks that IL acre!
of such wheat is better than /;
failure.
P. w. Johnson, grand patriarch
of the l. O. O. F. Encampment o
Idaho, was in town last Frida,
, evening from Occur d. Alene as TIL
guest of the local order. After tn
lodge work was completed thos
present enjoyed a nice banquet g
| the Phoenix. after which Mr.. Johr
l son cntSIldlu6u tuSlA Will d(SOuu'
4 of his travels through Europe unit
late hour. The occasion was on
to be long remembered by all pre-:
II emit.
Il E. E. Hale and wife returne
II Saturday from a trip through th
II Palouse and Occur d Alene countr
and report having had very mic
time while away. On the way on
they stopped at Garfield and Spc
kane, then took in Liberty lax
II and went on to Occur d Alene fror
which place they took the boat an
went up to St. Maries, enjoying
the river trip immensely. On tn
II way home they stopped at Moscoy
II for short visit and then came o.
i home in the rain. Mr.. Hale sait
II they made the entire auto part O
the trip on an average of go mile
to the gallon of oil.
Camas Prairie chronicle. [volume] (Cottonwood, Idaho) 1901-1917, 1915-10-08

Herman Won Bargen was in town
Monday from Fem.
WANTED.-To do plain and
fancy sewing at my home, Bust
house on King street.
Miss Stricken.
When in the market for a gaso
line engine or chopper get our
prices. We carry engines in stock
from n to 7 h, p, fully guaran-
teed. Hoene Hardware.
Harvey Lancaster writes us from
Tremonton, Utah, to renew his
subscription to the Chronicle and
says he cannot get along without
the paper. He likes it fine down
there.
Marriage licenses were issued last
Friday at Grangeville to Eugene
Barrett and Miss Effie Downer,
both of this place, and to Lewis H
Bowman and Miss Myrtle Won Bar
gen, both of Fem.
Fred c. Drube called in MONDAY
and advanced his subscription
couple of years and ordered the
paper forwarded to him after
couple of weeks to Carter, Mont.
where he will move onto his home
stead.
Camas Prairie chronicle. [volume] (Cottonwood, Idaho) 1901-1917, 1915-10-08
Methodist Church Notes.

Sunday, October 10th: Sunday
School at 10 a. M. Preaching
at II A. M. Junior League at 4
P. M. Epworth League at 7 P.
M. Mrs. Frank Simon, leader. A
Bible study will be taken up i'm
mediately following the Epworth
league service. Everybody come
and enjoy the work with us.
r. Arthur Grunewald, Pastor.
Camas Prairie chronicle. [volume] (Cottonwood, Idaho) 1901-1917, 1915-10-08

Monday was hog day and quite
a number of farmers delivered fat
porkers here that day to local buy
ers-
August Schubert and family and
Mr.. and Mrs. John Il. Knop left
the first of the week for Lewiston
to attend the fair.
Camas Prairie chronicle. [volume] (Cottonwood, Idaho) 1901-1917, 1915-10-08

Charlie Crawford took in the
Lev istou fair the first of the week
and A. H. Nau wore the star dur
ing his absence.
Felix Martzen started up the
rock crusher again Tuesday to fur
nish material for the Peterson side
walk aud other smaller orders.