davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-06-17
LEGAL.

81 900 in three years. The purchaser offered
to give note for the amount but the
plaintiffs agent told her If she did her
commercial rating would be affected, she
would have no credit. and her creditors
would throw her into bankruptcy. To
avoid this the purchasers mother and
brother signed this note under oral
agreement that it was mere form, that
the debt would be considered the debt of
the purchaser. that she could. pay it out of
the business, and that if she were unable
to do so the makers would not be called
on to pay. Held the note was not unen-
forceable because of fraud and the written
instrument was not Improbable by the
contradictory oral agreement
All the Justices concurring.
true copy.
Attest: D. A. VALENTINE,
lSeatj Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-06-17
etc. Appellee.
No. CO.'S.

No. ao.253.
Lucy j. Phillips, as Clerk. etc. Appellee
vs..
The Yates Center National Bank and A. H
ellis as Receiver. etc. Appellants.
Appeal from Woodson County
REVERSED.
Syllabus BY the Court. Mason, J.
l. Where deposits in a bank are made
from time to time to the credit of the de-
positor as a public officer, entry thereof
being made in pass-book. and checks are
drawn and paid in the ordinary course of
business monhly statements being rem
tlered. testimony that it was the purpose of
the depositor that the lands should be kept
serarate and should be always there SO that
they could be checked out at any time. af
fords no basis for regarding the amount on
hand as a special deposit
> The claim of an officer for funds de-
posited by him in a bank which has be-
come insolvent is entitled to NO priority
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-06-17

No 3D.O13
The Wichita Water Company, Appellant,
The City of Wichita; Appellee,
Anneal from Sedgwick County. Second
Division.
AFFIRMED
syllabus By the Court. Dawson. J.
l. 1t Is too late under the statute of lin
itations to begin an action for services and
materials when three years and two months
have elapsed since the services were per
formed and the materials furnished be-
fore the action is begun.
,. city commissioner has no power to
bind a city TO pay for services and mate
rails, nor does the written acknowledge
ment Of the mayor as to the Justice of the
claim amount to legal ratification of the
promise of the commissioner
;. city can only make a binding con-
tract by formal action on the part of the
city government. where all its members
have had a reasonable opportunity to con
slider and vote thereon, and the obligation
is only binding when it receives Il major
1ty vote at a lawful session.
4. \ city of the first class has power to
make reasonable orders directing II water
company to relocate its water mains and
hydrauts To conform to the establishment
OF another and later public utility: and the
exercise of such power is governmental
aud the city is not liable for the expenses
incurred by the water company in making
such changes in obedience to the city's
commands.
;. The right of city to use water for
flushing wagons is not included in an ordi-
nance providing that the city may use the
hydrants to flush it's sewers and cutters
with the restriction that not more than
Two nyurdntS snail De opened at any one
time nor oftener than twice a week nor
longer than two hours at time. nor dis
charge through any orifice greater than
one and one half inches
g. Where an old ordinance prescribes
the method whereby the city may flush its
sewers and cutters. the question whether
the city must pay for any water used in
finishing sewers and cutters in a more mod
ern and efficient manner deuends upon
whether more water is used by the later
method.
:. In en- action where money judg-
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-06-17
No. 20G36
No. 20. GIG.
State of Kansas. ex rel. H. f. Ramsey,
County Attorney, Appellant,

No. 20. 636.
State of Kansas. rel. H. f. Ramsey,
County Attorney, Appellant,
C. Z. Deming. Appellee
Appeal from Reno County.
REVERSED.
Syllabus By the Court Dawson, J.
L. Chapter 1876 of the Laws of 1915, al
though couched in terms of general
enactment, makes restricted a classified
ton of the counties in which it is to be
effective that it Is in fact special act.
.. Chapter 1876 of the Laws of 1915,
which attempts to establish courts in coun-
ties of 5000 population or less. having
cities of 10000 population or more. but
exempting from the control of such courts
all cities of less than 5000 Inhabitants
in such counties. and providing that only
after a vote of the people shall the act
he operative in such counties as would
fall within such class If they comprise a
separate judicial district. is special legis-
lation under the test of section II of ar
ticle of the state constitution.
3. An act of the legislature which at
tempts classification of counties which is
capricious. Illogical and unreasonable is
essentially special and not general in its
nature, and cannot be upheld under the
scrutiny of the constitutional amendment
of 1905, tConst. art 2, sec, III
4. Chapter 1876 Of the Laws of 1918 which
prescribes different rule from that Of
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-06-17
No. 20,20S.
The Topeka Bridge and Iron Company,
Plaintiff,

No. 20,20S
The Topeka Bridge and Iron Company
Plaintiff,
The Board of County Commissioners of
Labette County, Defendant
Original Proce eding in Mandainus.
Writ Denied.
Syllabus. Isy the Court. Porter J.
l. The purpose of the statutory pro-
vision that all contracts for the erection
of certain public buildings or the con
struction of bridges shall be awarded on
public letting to the lowest respon-
sible bidder (section 20S1. General Stat
utes 1907, and the provisions of chap
ter Ii, General Statutes 1909 tSec. 645-61S).
requiring that when county deems i.
necessary to build bridge it shall deter
mine upon plan, the material TO be
used. and estimate the cost thereof, ami
that 1.-The plans and specifications for the
bridge shall be left in the office of the
county clerk for inspection (Sec. 664) of
prospective bidders, is to secure economy
and to protect the public from collusive
contracts which would result in favoritism
and fraud.
, Although when these statutes were
first adopted the construction of reinforced
concrete bridges an art unknown in
this country, nevertheless the statute
that the plans and specifications on file
for the inspection of bidders must, so far
the nature and character of the pro-
posed work will admit. be sufficiently
definite and explicit to enable bidders to
prepare their bids intelliEently on a com
mon basis.
, After a contract for the erection of a
bridge has been awarded it cannot law
fully be changed by additional specifica-
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-06-17
No. 1912.
B. F. Fennen, ct al, Appellants.

No. 1912.
B. F. Fennen, ct al, Appellants,
The Atchison, Topeka and Santa Fe Rail-
way Company, Appellee.
Appeal from Harvey County.
AFFIRMED.
Syllabus. By the Court West j.
A coiored man siXty-six years old and
his wife went as passengers from Newton
to Walton, arriving late in the afternoon.
failed to find the man they went to see
and desired to remain in the depot until
the train back to Newton due in about
an hour and a half should come. The
town marshal came in, looked at the plain
tiffs asked the ticket agent where they
them they could not get train till late
the next morning and they could make
1T back to Newton before that time" When
they expressed a desire to get a ticket
and remain in the depot he told them they
could not stay there and he would lock
some force elected them from the depot,
the agent being within sight and hearing
and making no remonStrance but taking
no part in the expulsion. Being thus com
PEELED to walk back to Newton on Il dark
and Indictment evening they received in
damages from the company. on the theory
that 1t was the agents duty to protect them
from the actions of the officer. Assuming.
without deciding, that the plaintiffs were
entitled to the rights of passengers wait
ing in depot to take 4 train, it. is held
for the mere noninterference with the Off
Ger by the ticket agent
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, 1916-06-17
No. 2O,525.
State of Kansas, Appellee.

No. 2O,325.
State of Kansas, Appellee.
Will Arch. Appellant.
AFFIRMED.
Syllabus. BY the Court. Burch, J.
Proceedings In Il liquor nuisance case
examined and held the court did not abuse
its discretions in denying "a request for
further cross-examination of a witness,
and did not err in refusing to give an in
struction relating to evidence of previous
good character, which was copied literally
from the syllabus of a decision of this
court the subject.
All the Justices concurring.
true copy.
Attest: d. A. VALENTINE,
lSeal.l Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-06-17
No. 20, 564.
The State of Kansas, Appellee,

No. 2O,56
The State of Kansas, Appellee,
Perry Hayes, Appellant
Appeal from Atchison County
AFFIRMED.
Syllabus. By the Court Burch. j.
The defendant was convicted in the city
court of assault and battery on complaint
charging assault and battery and disturb
was tried and convicted on both charges.
At the hearing of the motion for new
trial the verdict was set aside so far as 1t
related to the charge of disturbing the
peace and the defendant was sentenced for
assault and battery 1t is not shown that
the defendant made any objection to being
tried on both charges or to the evidence
or the instructions relating to the charge
of disturbing the peace. Held, prejudicial
error is not made to appear.
All the Justices concurring-
\ true copy
Attest: d. a NALENTlNE,
lSeal.l Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-06-17

No. 20,016.
Joseph Bromich. Doing Business under
the Business Name of The Topeka Steam
Boiler Works, Appellee.
J. y. Burkholder, Appellant.
Appeal from Marion County.
AFFIRMED.
Syllabus BY the Court Porter. J.
L The intention of the parties is one of
the strongest elements in determining
whether machinery in q building has be-
come part of the realty
2. Notice to prior mortgage of real es-
tate of n conditional sale agreement by
which the vendor reserves title of chattels
annexed to the real estate is not essential
to preserve the rights of the vendor of
the chatteis
g. In action in replevin to recover
possession of a tubular boiler which had
been sold by plaintiff and Installed in
mill upon which the defendant held
prior real estate mortgage, the contract
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-06-17
IEGA

ment is demanded against a city. no ground
of peremptory challenge is established by
showing merely that II challenged Juror is
Il taxpayer of the city. Older decisions to
the contrary no longer control since the
enactment of chapter Zi6 of the laws of
1913
All the justices concurring.
A true copy
Attest: d. A VA ,sNTINE,
lSeaLJ Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-06-17
d. 4. VALENTINE.
Clerk Supreme Court.
No. 19.S7S
The Havana State Bank, Appellee,

The Havana State Bank, Appellee,
vs..
c. T. Dikeman and Bessie f. Dikeman,
Appellants.
Appeal from Chatauqua County
AFFIRMED.
Syllabus. By the Court Marshall J.
l. Under the second subdivision of sec
ton 2G6 of the code of civil procedure, a
receiver may be appointed in an action to
foreclose n mortgage on real property,
where II appears that the mortgaged prop
erty is probably insufficient TO discharge
the mortgage debt.
= Where receiver has been appointed
in an action to fOreclose Il mortgage on real
property and the property does not sell for
enough to satisfy the mortgage debt. the
plaintiff is entitled to the income from the
property from the time of the commence
ment Of the action until the sale of the
property.
All the justices concurring.
A true copy
Attest: ID. A VALENTINE
tSeal.l Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-06-17
No. % 325.
Edna r. W. Larned, Appellee,


Edna r. w Larned. Appellee.
William A. Larned, ct al, Appellants
Appeal from Atchison County.
AFFIRMED.
Syllabus. By the Court. Johnston. c: J.
Jersey disposed of real estate in Kansas
as well as that situated in four other states
the wife ' of a deceased husband is entitled
70 dover or life interest in a tniso
is entitled to a fee of third of the land,
while under the statutes of Kansas she
takes an undivided half interest in the
smaller or different share. The testator
disposed of large estate. devising and
in New Jersey. five thousand dollars in
cash and one hundred volumes of books.
ana and ne then added the provision; i con-
real estate of which l shall die seized.-
He also confirmed her right to the income
from trust fund previously created, and
after making number of small requests.
he gave the residue of his estate to his
children. A law of New Jersey in effect
, provides that if land be devised to a wife
without expressing whether not it is
intended to be in lieu or bar of dover.
she shall not be entitled to dover in the
devised lands unless she shall. within six
months after the probate of the will. ex-
i devised. Held, that this statutory provis-
10 did not apply to the will in question
| since it provided that the wife should have
dover or widows share in addition to
the real estate devised to her
I = The term confirm employed by the
testator implies that his wife had n right
| in the real estate independent of his ac-
ton and that his purpose TO recognize
and ratify that right by confirmation
3. The provision of the will confirming
her right to dover in his real estate in the
several states is fairly open to the inter-
! probation that he intended to give her the
share of the land situate in each state
which the law of that states gives to the
wife of a deceased husband.
! 4. While we may look to the law of the
domicile of the testator to ascertain his in
tention and the sense in which the words
of a will are used, it can not be applied
| as to contravene the law of this state
| where the land is situate and which con-
troll the devolution of title to land on the
death of the owner.
s. The acts relied constituting an
| election of a widow to take under will
must be clear. positive and unequivocal.
evincing an intention to elect, and it must
be done with full knowledge of all the
1 essential facts and circumstances as well
| as of her legal rights.
6. Under the circumstances of the case
it can not be held that the widow consented
or elected to take less than an undivided
half interest in the land in Kansas be-
cause she accepted the income from the land
situate in other states, nor because of the
institution of this action for par
tition, nor yet by reason of Il
letter to her attorney to the effect
that her husband might have given her Il
smaller share If he had understood the
Kansas law and that she would he salts
fled to receive the share he intended for
her to have
All the Justices concurring.
! true copy.
Attest: d. A. VALENTINE.
| ISeal.l Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-06-17
No. 1896
The Farmers q Merchants National Bank
OF I'll Dorado, Kansas, Appellant.
\. 7. Wright. Appellee.
Appeal from Rutler County.
sEFIENTED

4. 7. Wright. Appellee.
Appeal from Rutler County.
AFFIRMED.
Syllabus. by the Court. West. J.
A motion for "a new trial was by con
sent heard after the close of the term at
chambers in another county than the one
where the Judgment was rendered. and
granted. Several months thereafter a mo
ton to vacate the order granting a new
trial. setting up false and fraudulent testi-
money. lack OF diligence. deception prac
tiresi upon the judge and assault by one of
plaintiffs Witnesses upon one Of the de
PENDANTS attorneys was filed and sus
tanned. Held. that the granting Of the new
trial was proper urder section FOG of the
Civil Code and that thencefortl the case
being properly on the docket the court
lad Jurisdiction TO make orders therein III
Guiding the one complained Of.
Ali the Justices concurriug.
a true copy
Attest d. 4. VALENTINE.
lSeall Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-06-17
LEGAL.

the general law for the administration of
justice as to service of process procedure.
the law of punishment, the giving of
bonds in garnishment and on appeals
violates the uniformity clause of the state
constitution. (Const., art ., sec. I'D
All the Justices concurring-
Attest: d. A VALENTINE,
tSeal-1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-06-17
No 81 or
No. 20.229
The Grain Dealers Mutual Fire Insurance
Company, Appellant,


The Grain Dealers Mutual Fire Insurance
Company, Appellant,
The Missouri Kansas u Texas Railway
Company, and l.. g. Murray, Appellees.
Appeal from Neosho County.
REVERSED.
Syllabus. by the Court Porter J.
1. The rule that where the loss on an
insurance policy exceeds the amount Of the
insurance.. action against the wrong
doer for the recovery of the part paid by
the insurer must be brought in the name
of the assured. is IL general rule to which
there are exceptions. 1t will not be applied
where the assured. after settling with the
wrongdoer out of court, arbitrarily refuses
to bring the action.
>. In the situation stated in the preced-
ing paragraph the insurer may, under sec
ton 5tj29. General Statutes of 1909 bring an
action in its own name, joining the assured
as a defendant and alleging his refusal to
bring the action and that lie is joined as
defendant i'll order to protect the other de
PENDANTS right to have the entire matter
Irrigated in one action.
All the justices concurring.
a true copy.
Attest: u. a VALENTINE.
ISeaLl Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-06-17
No. 19,91S.
John Sealy ct al, Appeilees,

vs..
The Missouri Kansas & Texas Railway
Company, Appellant.
Appeal from Labette County.
AFFIRMED.
Syllabus. BY the Court Burch. !
The proceedings considered and held
that the defendant is estopped by it's an
swer to the petition and by adjudications
of this court in its favor in former appeals
from asking that the rights of the parties
be now determined by federal statutes
claimed to be applicable.
All the Justices concurring.
A true copy.
Attest: ID. A. VALENTINE.
lSeaLI Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-06-17
No. 20.233.
John Besgs, Appellant.

Samuel d. NewIand Appellee.
Appeal from Dickinson County.
AFFIRMED.
Syllabus. By the Court. West. J.
Under the findings which are supported
by the evidence, il is held that whether or
not the bitches and bikes in controversy
constitute an ca sement or servitude, neither
party is entitled to an injunction or to
substantial damages.
All the Justices concurring.
A true copy
Attest: u A. VALENTINE.
tSeall Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-06-17
Nos. 1880 & 20,510.
c. C. Epp, Appellee.

z z Epp, dpptIIet-
Charles r. Hinton, ct al, Appellants.
Appeals from Harvey County.
AFFIRMED.
Syllabus. BY the Court Burch. ].
The proceedings examined and held that
certain evidence admitted over objection
was properly received under order of
this court remanding the cause for the
trial of a single specific issue.
All the Justices concurring.
A true copy.
Attest: d. A VALENTINE.
lSeal.1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-06-17

No 2O613
The Arnold Investment Company, Appellee.
The Citizens State Bank of Chautauqua
ct al, Appellants.
Appeal from Chautauqua County.
REVERSED.
Syllabus. BY the Court. Mason, J.
The owner OF money fraudulently OBJ
tanned and used in the business of an in
solvent bank. by its cashier, is not entitled
to repayment by the receiver. in preference
tic other creditors, except so far as he
shows that the assets which reached the
hands of the receiver were larger by reason
of such transaction that they would
otherwise have been: it tx not enough to
show that the assets of the bank were
increased, or that the money was used
in reducing its Indebtedness.
All the Justices concurriDg.
A true copy
Attest: D. A VALENTINE
ISeaIl Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-06-17
No. 1879.
:. Root. Appellant.

No. 1899.
H. c. Root, Appellant.
F. E. Wear ct al, (The Kaw River Sand
Company ct al, Appellees.)
Appeal from Shawnee County.
Div. 1.
AFFIRMED
Syllabus. BY the Court. Johnston. c. J.
l. Whether a corporation which is fully
organized and whose existence has been
recognized is entitled to do business and
exercise its corporate franchises. because
of the failure to make annual reports or to
observe other statutory requirements. can
not be collaterally drawn in question by
private parties.
> The land belonging to a corporation
does not revert to its grantor when it is
dissolved becomes refunct but. unless a
receiver is appointed, the last board of di-
rectors or managers of its affairs become
trustees of the creditors and stockholders
of the corporation to settle it's affairs and
debts. to make distribution of any remain
ing money and property among the stock
holders, and to that end they may main
tain or defend any judicial proceeding
3 Whether a conveyance of land abso-
lutte in form which was executed at the
same time as an agreement between the
parties that the grantee should reconvey
the land to the grantOr for specified con-
a conveyance or only a mortgage depends
upon the intention and understanding of
the parties when the instruments were ex-
ecuted- and the controlling test is whether
the grantor sustains the relation of debtor
to grantee.
4. The evidence examined and found to
be sufficient to sustain the finding of the
court that the deed in question was not in
tended by the parties to be n mortgage.
All the Justices concurring.
A true copy.
Attest d. A. VALENTINE
lSeal-l Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-06-17
No. 20,215.
NJ. Il. Doty and c. NJ. Doty, Appellees.


NJ. r. Doty and c. NJ Doty, Appellees.
d. $. Shepard ct al. Appellants.
Appeal from Shawnee County.
AFFIRMED.
Syllabus By the Court. Dawson. J.
l. Failure to file a motion for a new
trial, filing such motion out of time,
does not Justify the dismissal of an ap-
peal, but merely restricts the scope of the
review of the cause which is appealed.
>. The Interpretation of section $50 of
the civil code announced in Hess VS.. Con-
way, SO Kan 246 IA Pac. 20o, is followed
3. When possession of property is held
by u creditor under an agreement that he
will reconvey when he has been fully re-
imbursed by rents and profits Tor funds
advanced and for taxes and incidental eX-
penses paid by him, the debtor is entitled
to recover possession when the creditors
claims are satisfied.
f. When title to property is held by a
person named by the creditor under the
circumstances suggested in Syl- Par. 3. an
action to quiet the debtors title will lie
when the creditor has been fully reim
bursed
). One who holds title to property for
another, without personal interest therein,
holds title only to such legal and equitable
interests in the property as were vested in
his cestui que trust.
by quit claim deed and without personal
consideration holds only the estate of the
party through whom his title was ac-
Quired, and if that estate was defeasible
which it might be defeated or terminated
have TRANSFERRED, the title of the grantee
under the quit claim deed cannot prevail
against one having Il valid claim to the
property.
All the Justices concurring.
true copy.
Attest: d. A VALENTINE,
LSeaLl Clerk Supreme Court