davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-04-15
No. 1885
F. p. Hazelwood, Appellant,

NO. 1850.
F. p. Hazelwood, Appellant.
J. F. Mendenhall, Appellee.
Appeal from Cove County.
REVERSED.
Opinion on rehearing.
Syllabus. By the Court. Mason, J.
l. Where an appeal is properly taken to
this court, the amount in controversy being
over 800, all rulings complained of by the
appellant will be considered, although as
to some of them n reversal might not make
difference of that amount in the result.
And when the court acquires jurisdiction
by the appeal of one party. his opponent
may obtain n review of any adverse rul-
ings. although because of the smaIlness of
the Judgment against him he could not
have appealed in the first instance
p herd law, making owners of animals
which are permitted to run at large liable
for injuries done to crops, does not apply
where the injury is done upon unenclose,f
land by cattle that without fault of their
owner have escaped from pasture sur
rounded by fence strong enough to show
the exercise of reasonable diligence for
their restraint.
3. The Evidence held to require an in
struction on the point covered by the fore
going paragraph.
All the Justices concurring.
true copy.
Attest: D. A VALENTINE,
lSeal- Clerk supreme Court
No. 20,109.
Laura J. Estes, Administrative of the Es-
tate of William ]. Estes, Deceased, APP
pellee,
The Edgar Zinc Company. Appellant
Appeal from Montgomery County.
AFFIRMED.
syllabus. BY the Court. Burch. j.
1. While the action was pending the
plaintiff died. The action was revived in
the name of his administrators who by
leave of court filed amendment to the
petition for the purpose of showing her
authority to prosecute the action The
amendment stated that the plaintiff died
intestate. n resident of certain county.
that by the consideration of the probate
court of that county she was duly APP
pointed administrators of his estate that
she had duly qualified such admins
tratriX and that she the duly qualified
and acting administrators of the plaintiff
Held. the amendment was sufficient against
an objection to the Introduction of evil
dence.
2 The plaintiff recovered Judgment
against the defendant On appeal to this
court the Judgment was reversed on a spe-
cific ground and the cause was remanded
for new trial The plaintiff again re-
covered and the defendant again appeals
Held. the defendant is not entitled as a
matter of right to urge defects in the
proceedings which might have been pre-
scented the former appeal but which
were not, or matters which were presented
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-04-15
No 1850.
Bessie Bell. Appellant,


Bessie Bell. Appellant,
W. H. Bell, Appellee.
Appeal from jefferson County.
REVERSED.
Syllabus. BY the Court West, J.
1. An affidavit for service by publication
in a divorce case which states that the
whereabouts of the defendant are unknown
to the affiant and that her post office ad
dress can not be ascertained by any means
within his control, carries a sufficient in
ference of diligent inquiry as to the de-
PENDANTS residence to save such affidavit
from total insufficiency under section 20
of the Civil Code.
2. A decree of divorce rendered on ser
vice by publication only. and procured by
the perjury of the plaintiff in the affidavit
for publication, may on proper showing
any time within two years from its rendi-
ton be opened up and vacated for fraud
in its procurement.
All the Justices concurring.
true copy.
Attest. d. A. VALENTINE,
lSeal.l Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-04-15

No. 20,059.
Palm, Flechteer & Company, a Corpora
ton, Appellant,
VS..
The Uncle Sam Oil Company, a Corporation,
Appellee.
Appeal from Wyandotte County.
Second Division.
AFFIRMED.
Syllabus BY the Court. West. J.
The jury returned a general verdict in
favor of the plaintiff for certain articles
ordered by and shipped to the defendant.
but by their answers to special questions
found that the sizes of such articles were
not approved by the defendant and were
different from those specified in the order,
and the trial court set aside the general
verdict and rendered judgment for the de-
PENDANT on such answers. Held, proper.
Johnston, c. J., Burch, J., Mason, ]. and
Dawson, j., concurring.
Porter, j., West, ]. and Marshall, j., dis
senting.
A true copy.
Attest: D. A. VALENTINE,
lSeal.l Clerk of Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-04-15
No. 20,OJ6.
John Liphart, Appellant,

O.
John Liphart, Appellant,
H. G. Myers, Appellee.
Appeal from Jewell County.
AFFIRMED.
Syllabus BY the Court. Burch. J.
L. A receipt of money indorsed on the
back of a promissory note after the stat
ute of limitations has barred action does
not indicate part payment by the maker
= In an action on a note bearing such
an Endorsement the petition must allege
payment by the debtor in order to remove
the apparent bar of the statute.
) In an action a note bearing such
an Endorsement. commenced within five
years (the statutory period after the date
contain allegation of the kind men
toned. More than five years after the date
ed to include such an allegation. Held. a
cause of action then stated for the
first time, and too late.
All the Justices concurring.
A true copy.
Attest: d. A VALENTINE,
tSeaLl Clerk Su"reme Court
No. 20.1oG.
Sadie King, as Administrators of the Is
tate of William King, deceased, APP
pellee,
The Missouri Pacific, Railway Company,
Appellant.
Appeal from Sedgvfck County. division
AFFIRMED.
Syllabus. by the Court; Johnston, G. j.
1. The testimony relating to Il collision
between two switch engines at crossing
where the line of one railroad intersectel
that of another and which resulted in the
death of an engineer in charge of an ell
CINE examined, and it is held that it tends
to support the finding of the jury that the
collision and resulting death was occa-
stoned by the negligence of the defendant,
and that the deceased who first approached
the crossing and gave the required signals
and had the right of-way can not be held
to be guilty of contributOry negligence
although he proceeded to the crossing after
he was told by his fireman that the latter
did not believe those in charge of the de-
PENDANTS engine were going to stop and
give the signals for the crossing as they
were required to do
.. The deceased who had reached the
crossing first and given the required sig
mails when the defendants engine had not
yet reached the stopping board had a right
PENDANTS engine would comply with the
rules. stop within the prescribed limits,
and yield the right Of way. 10 deceased. and
they did not stop and give the required
signals, the question whether the deceased
exercised due care and diligence thereafter
to avoid q collision was one for the de-
termination of the jury.
8. Expressions made by those in charge
of defendants engine Immediately after
the collision relating to the care exercised
by them in approaching the crossing are
deemed to have been instructive and spon-
taneous and testimony thereof to be ad
missible gestae.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
Seal Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-04-15

Robert Henry BrOWn, Appellant,
vs..
The Modern Wcodmen of America, a cor
poration. Sewall G.. Brown. Wilbur L.
Brown minor. and Sewall c. Brown,
Guardian of Wilbur f. Brown, minor,
Appellees.
Appeal from Riley County.
REVERSED.
Syllabus. By the Court West. j:
/. Generally the rights of holders and
beneficiaries under fraternnl benefit GER
tificates rest solely upon the contract be-
tween the member and the association As
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-04-15
Legal

GERS of the bank to deceive the bank com
missioner to conceal the condition of the
bank from its stockholders and creditors.
All the Justices concurring.
A true copy
Attest: d. A. VALENTINE,
tSeal.l Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-04-15
LEGAL.

prejudicial to warrant 4 reversal of the
judgment, under section ISL of the code of
civil procedure
). Where a petition states cause of
action and the evidence tends to prove that
cause of action, 1t is not error for the
court to refuse to withdraw all evidence of
damage from the jury or to refuse to sus-
tain a demurrer to the plaintiffs evidence.
d. instructions concerning exemplary
damages, although correct, but enormously
given, will not cause reversal of judg
ment where the verdict of the jury shows
q. In action for damages, it is not
error to refuse to set aside verdict, where
the several items of damage allowed by
the jury proved and the findings Of
the jury consistent with each other
and with the general verdict.
All the Justices concurring.
A true copy.
Attest: d. A. VALENTINE,
ISeaLl Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-04-15
LEGAL.

by applying the usual rules OF interpre-
tation.
All the justices concurring except Daw-
son, J., who did not sit
A true copy.
Attest: D. A. VALENTINE.
tSeal.l Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-04-15
u. A. VALENTINE.
Clerk Supreme Court.
No. 1861.

No. 1861
In re Disbarment of Otto J. Briley,
Original Preceding in Disbarment
DISMISSED.
Syllabus. BY the Court Mason J
proceeding for the disbarment of an
attorney is dismissed because no four of
the justices concur in decision on the
merits. two being disqualified from sitting
All the Justices concurring except Mar
shall. !. and Dawson, j., who did not sit
A true copy.
Attest u. A VALETINE
ISeal.l Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-04-15


The American Surety Company of New
York, Appellant.
Appeal from Wyandotte County.
division No -
AFFIRMED.
Syllabus. By the Court. Johnston, C. ].
l. In an action to recover upon a surety
bond which provided that the obligor
would pay the shortage of the bonded
fraud. defalcation, breach of trust or other
Intentional offence against the property of
his employer, or which the latter may have
entrusted to him, either agent, emp1oye
attorney" there may be recovery upon
proof that the default of the bonded party
was caused by his fraud or by a breach
of trust; and a showing that he had EN-
bezzled the money or property entrusted
to him was not necessary to a recovery.
duce satisfactory evidence of the fraud or
breach of trust of the bonded party and
sufficient to overcome the presumption of
honesty but i'll such a case the strictness
of proof required in criminal proceeding
is not essential to recovery.
3 A petition for Il trial upon the
ground of newly discovered evidence to be
sufficient must, among other things, set
forth facts showing that the proposed tes-
timony is newly discovered and that 1t
could not with reasonable diligence have
a general averment that diligence had been
exercised is a conclusion of law and is IN
sufficient without statement or the facts
constituting the alleged diligence
All the Justices concurring-
A true copy.
Attest: d. A. VALENTINE.
[Seal.l Clerk of Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-04-15
No. 2O1O1


c. f. COrwin and Scott Wolf, Appellees.
leila Spencer, Appellant.
Appeal from Sedgwick County. First Di-
vision.
REVERSED.
Syllabus. By the Court. Marshall, J.
In an action by Corwin and Wolf to re-
cover commission for effecting the ex-
change of real property for the defendant,
Spencer, where the evidence tended to show
that Tate. acting for Corwin and Wolf, Sc
cretly agreed to pool commissions with
Moseley, the agent of Noah Mortimer, the
other party to the exchange, and that
Spencer was thereby defrauded of a part of
the real property owned by her, it was err
or to instruct the jury that any secret
arrangement between Tate and Moseley
with reference to pooling commissions
would not be binding on Corwin and Wolf
nor defeat their right to recover commits
sion for making the exchange.
All the justices concurring.
A true copy.
Attest: d. A VALENTINE
ISeal-l Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-04-15
LEGAL.

found in its constitution and bylaws But
when potent and manifest equities appear
in favor of some of the rival claimants ny
reason of contracts made and carried ont
with the deceased member, the association
raising no objections, the contest may be-
come one purely for equitable cogniZance
and determination.
> While ordinarily the member has no
vested right in the fund, still by an agree
ment to change beneficiaries in considera
ton of funds advanced he may so bind
himself as to preclude his beneficiary pr
heirs from asserting their claim to the pro
ceeds against party who advanced large
sums on the strength of such agreement
although completed change of beneficiary
was not made In accordance with the con-
stitution and bylaws of the association.
2 The holder of a fraternal benefit
certificate in consideration of loans adj
Vanced and to be advanced and premiums
paid and to be paid by his brother made
him beneficiary. Later son of the
brother repaid his father and made further
Announcements to the member upon cOnSid-
Grafton of being substituted as beneficiary
The request for cancellation of the certi-
ficate and issuance of Il new one with the
nephew as beneficiary was duly executed
by the member and turned over to the
brother who delivered it to his son, but it
was never transmitted to the association
After the members death, the nephew who
had advanced considerably more than his
promised portion of the proceeds of the
certificate. and two sons of the former
member who died leaving no beneficiary.
became rival claimants for such portion of
the fund. the association paying the money
into court and raising no question as t.
change of beneficiary Upon the amended
petition and opening statement for plain
tiff disclosing substantially the fore gofrg.
Judgment was rendered for the defendants
Held. error. and that all the evidence
should be received and the cause deter
mined upon equitable considerations.
Johnston, {. J., Mason. j.. Porter, j.
and Dawson, j., concurring. Burch, j. and
Marshall, J., dissenting.
true copy.
Attest; u: A, VALENTINE.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-04-15

Nos. 19,S53 aud 2050S.
A. H. Mcintyre, as trustee of the Clark
| Paint, Varnish Plantation Company,
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-04-15

d. A. VALENTINE.
Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-04-15

Laura J. Estes, Administrative of the Es-
tate of William J. Estes, Deceased, APP
DpI1eP
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-04-15

The Leavenworth National Bank. of Leav-
enworth, Kansas, ct al, All corporations.
Plaintiffs,
Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1916-02-13


SIohs mere was an auto ride in the
evening about TINS pretty little city
ana Ial'f ride was taken TO Med
Igfd. miles Ashland is 'drN
Nedl"rd Is not. No comment uccos-
s1IN. AL Mcdiord am old-time Kansas
Ilcud was found and "a few pleasant
moments were spent I'm swapping
l'iHlhIS'rur'S ol old friends and early
days in the suniloWcr state.
We had expected to leave Ashland
the following morning at 1880. but the
train being late gave another oppor-
lunliy for au auto ride, which in
GUIDED the nigh drive from whose
hoights splendid view was had Of
me ritN ana surrounding country.
shortly after $50 we We're again i'm
motion nurlhW1rd, passing through
the Rogue river country including
Grants pass, akirting the Cascade
mountains, and here and there pene-
lrajlhg their rocky heights, the
scenery being none the less grand and
enchanting than that through which
we had passed But her. again later
IN the day another disappointment
was in store, the smoke from the
forest fires obscuring a view Of
Mount Hood, as also Of other noun
tolnS whose SnOW-ctpUed Icaks are
Southern Pacific railroad. Salem, the
capital Of Oregon, was passed shortly
after sundown, and Portland, the rose
city, was reached at 1913 !. m. sun
day August 20, where we made our
temporary home at the New Hotel
Houston. Monday was spent i'm visit
ing as many pI I1oes of interest in and
about Portland as IT was possible to
encompass in the hours Of daylight,
ana i'm the evening in viewing tho
city by electric light, which was Won
dertully complete and interesting.
one of the places Of greatest inter
est visited was Council Crest the
trolley ride to that point being over
am unusually beautiful and pictur-
csque route The view from the
Crost's commanding height would
have been much more interesting had
1t not been partially obs'urcd by
misting rain, the first we had en-
Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1916-02-13
Beautiful Panorama.

Hero we absorb with a grateful |
feeling Of content the radantly beau
Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1916-02-13
In Shasta Valley.

We reached Dmsmuir. 1874 miles
from Wheatland. at $3.50 p. m. This
place is i'm the valley at the base Of
Grow. canned Shasta. a mountain
about which more has been said and
written than that of any other of the
higher peaks of tho western ranges.
we made our headduarfcrs at the
Weed hotel. and then started i'm quest
Of relatives-Aunt Lett Judy. mothers
voungost sister. and cousin. Fred
Judy. This was not a difficult task,
and here we spent another pleasant
evening. most of which was rCminis-
cent of days long ago and mainly Of
family interest Here also we found
i'm the person of Fred a rarity in Cal
ifornia products. a native who was a
"knocIler" 1t was really refreshing
To listen to something other than SUI
pcrlat'vcs of tho "glorics of the
Golden West. which always and ever
means only one sp1t-CalifOrnia.
Fred is an engineer on the Southern
Pacific. and perhaps the daily grind
Of up hill and down and around in
terInlH"lle tuIl's Is noy y'''"0'''' e
10 IN uP'Il'iI9.' s,,I rl,r,,,i, T.,
Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1916-02-13
Quick. Painless Way
10 Remove Hairy GrOWthS


Here is n simple, unfailing way to
rid the skin Of Objectionable hairs:
With some powdered delatone and
water make enough paste to cover
the hairy surface. apply and i'm about
= minutes rub off, wash the skin and
every trace of hair has vanished. This
is quite harmless, but TO avoid disap-
pOinment be sure TO get the della
tone In an original package. adv.
Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1916-02-13

Uful aspect IF Shasta's reflected
glory. The mprcssiyencss of the
surroundings is grandy clomcut Of
how wonderfully kind was nature i'm
bestowiug her f1yors but mostly all
things that are good and pleasing
have their autithcsis. ana here was
not an exception. for at f0.25 a. m
we reluctantly resumed our tourney.
but to our great delight discovered
that the expectation of chccrlcss
ride was unfoundcd, as each sue
cccding mile was a continuous pan
Drama Of what we gIimpscd at
Shasta until the Sacramcuto's source
was lost among the rocks. That
river was crossed ~ times For scy-
crll hours the whitc-cauUcd peak Of
Shasta could be seen. first from one
side of the car and then from the
other
Beyond Red Bluff and before
reaching Shasta we had auucipations
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1916-05-30
ESSEX COUNTY TOURNEY
UP TO SEMI.FINALS

Play in the open mixed doubles
tennis tournament of the Essex County
Country Club, West Orange. which
started Saturday. has gone 10 the semi
finals One semi-hnal match was
played yesterday, Mrs. David c. Mills
and Ronald Kelsey winning their way
to the final bracket by besting Mrs
Gordon Grand and Mr. Chew. Dallas
Way Haines, the former Columbia star.
entered with mis- bride, but the couple
were defeated in their first match. Mrs.
Spencer Fullerton Weaver and Percy
Hall are expected TO win their way to
the finals.
First round-Gardner Colby. ir and Miss susetts
Henry defeated J. g.. W. Lawrence aud Mrs. Raw
son Wood by default. Percy Han and Mrs Weaver
defeated Irving GiTen and MS. McGulcSen. g..
Second round Ronald Kelsey and Ms. DaId n.
Mills defeated Mr. and Mrs Dallas Way Haines.
60 SIS: Nh and Mrs Auglste Roche. IT,. de
fested Mr. Riker and Miss Scherer. 6-a. So.
Mr.. Chew and Mrs. Gordon Grand defeated Mr. and
Mrs McCuriy Marsh 6-3 SIS Miss Helen Boyn-
ton and Donald Grant defeated Gardner Colby. r..
and Miss Susette Henry s-8 s. Percy Hail and
Mrs Weaver defeated Mr. and Mrs. Beresford. %.
81. Brown and Miss White defeated Mr. Has
kins and Miss Walton. 90 6-i. Mr.. and Mrs.
Paul Martin defeated Mr. and Mrs. A { Brsgav.
4-6 S. S.. +. A Clark and Miss Potter de
Third round Ronald Kelsey and Ms Dand
N defeated Mr. and Ms Roche. So. 81 Mr..
Chew and Mrs. Grand defeated Mr.. Grant and Miss
Poyntnn 81 s. Mr. Hall and hrs. Weaver de
CLARK and Miss Potter defeated Mr.. and Mrs. Pau
Ns semj a1. roarG-Mr Kelsey and Mrs. Mills de.
fea,ed Mr.. Chew and Mrs Grand. 6. 6-3.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1916-05-30
MISS BJURSTEDT
IS CONVENTIONAL
Morse Star Wins in Usual Easy
Style on Courts.

Philadelphia, May 29-Miss Molla
Bjurstedt, the national singles cham
pion, and Miss Eleanora Sears, OF Bos-
ton, one Of the holders Of the national
doubles championship, were among the
winners in the first and second rounds
Of the Pennsylvania and Eastern States
women's lawn tennis championship
tournament which opened to-day on the
courts of the Merton Cricket Club, at
HaverfOrd.
Miss Bjurstedt defeated Miss Eliza
beth Smucker, Of Merton, in the first
round 50. 80, and won from Miss
Deborah Seal, 81 Merton. in the second
round 81. 60. Miss Sears won from
Miss d. c. Kuhn. Merton, 90, 81,
and defeated Miss Sarah Myers Go,
60.
Mrs. G. ". Adams, Of Chicago. also
won both her matches. Other out-of-
town survivors were Miss Ina Kissel.
Of New York; Miss Suzanna White, o.
Baltimore; Miss Florence Balm, %
New York, and Miss Miriam Steyer, OF
Bottom