davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-11-16


vs..
A. D. Nanny, Appellant. ct al
Appeal from Graham County.
AFFIRMED.
Syllabus. By the Court. Mason, J.
1. An act was passed declaring a section
line a highway, fixing its width at sixty
feet, and providing that claims for dam
ages should be- presented within one year
from the time 1t was actually opened to
public use. The road was already in use
as such, under proceedings establishing
it as highway forty feet wide, but the
travel covered approximately sixty feet.
Held. that the statute created a sixty-foot
highway without further order by the
road overseer.
3 The result of statutory survey to fix
the location of a section line is not con-
clueive upon the state in an action to de-
termine the position of highway estab-
lished along such line.
3. The evidence held to make the true
location of the section line question of
fact upon which the decision of the trial
court is final.
All the Justices concurring.
A true copy.
Attest: y. A. VALENTINE,
lSeal.1 Clerk of Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-11-16
No. 20,320.

No. 20,320.
The johnson State Bank, Appellee,
VS..
Grant Raney, ct al, The Board Of County
Commissioners Of The County of Stanton,
Appellants.
Appeal from Stanton County.
Reversed and demanded.
Syllabus BY the Court. Johnston, e. j.
1 Under section 2163 of the General
Statutes of 1909 only responsible banks are
eligible to designation as county deposit
tories and If no responsible bank or banks
will accept the public money or funds
which come into the possession of the coun-
ty treasurer and pay interest thereon, the
board of county commissioners is author-
lied to designate other banks of the state
outside of the county which will accept
the money and funds. pay interest thereon
and give a bond as the statute requires.
2 The board of county commissioners is
vested with power and discretion to deter
mine the responsibility of banks offering
to act in the capacity Of repositories, but
the determination of the question must be
made in good faith and never at the mere
will and pleasure of the board.
Burch, J., Mason, J., Porter, j., and Mar
shall, J., concurring.
Dawson, J., dissenting in part
A true copy.
Attest: d. A. VALENTINE,
ISeal.l Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-11-16
D. A. VALENTINE,
Clerk Euoreme Court

No. 10000.
The Security State Bank of Rosedale,
Appellant,
We.
W. d. Clarke. ct al, Appellees
Appeal from Miami County
AFFIRMED
Syllabus. By the Court Mason, J.
l. Where a note secured by a mortgage
is assigned before maturity to one of the
makers, and reissued by him to a new
obligee by means of an endorsement stat
ing that the transfer is without recourse
upon either of the makers Individually, and
that the assignee assumes and agrees to
pay the said note between the makers
thereof" the makers are thereby relieved
from personal liability to any subsequent
holder of the note.
.. No error is committed in allowing the
claim of the assignor of a note to re-
cover it, because of fraud practiced in OBJ
tanning it from him, to be litigated upon
proper pleadings in an action brought by
subsequent holder to forecloSe Il mort
gage which it secures. where all the per
sons affected are parties, and the issue is
submitted to a jury.
8. The owner of a note who has been
fraudulently deprived of it may reclaim it
against one who acquired it after maturity
from the perpetrater of the fraud Cor from
one who obtained it from him without
valuable consideration without notice
thereof, as security for pre-existing debt
All the Justices concurrfng.
A true copy.
Attest D. A VALENTINE,
ISeal.l Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-11-16
No. 20,
F. W. Shelton. Appellant,

No 20221.
+. W. Shelton, Appellant,
The Union Traction Company, Appellee.
Appeal from Montgomery County.
AFFIRMED.
Syllabus. By the Court. Burch.
The evidence examined and held, that
a demurrer to fhe evidence of the plaintiff
an automobile driver who sustained in
juries in a collision with a street car, was
properly sustained because the plaintiff
was guilty of contributory negligence.
All the Justices conculring.
A true copy
Attest: D. A. VALENTINE.
(Seal.) Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-11-16
d. A. VALENTINE.
Clerk Supreme Court.
No. 20, 3S9.
L. Kendall, Appellee,

No. 20,3S9.
L. Kendall, Appellee,
E. L. Black and W. G. Black CIV. G.
Black, Appellant).
Appeal from Sedgwiek County.
Divisicn No. -
AFFIRMED.
Syllabus By the Court. Mason, J.
A redelivery bond in the ordinary form
given by two defendants IN a replevin ac-
ton, having no other signer, is to be con-
strued as binding each to perform any
Judgment rendered against either or both
of them.
All the Justices concurIing.
A true copy. v.1rNr,Nr
TSeall Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-11-16
LEGAL.

company was not conducting g laundry
within the city as contemplated by the
ordinance, and second, for the reason that
collecting the articles in Kansas, carrying
them into Missouri and returning them to
their owners after the service hid been
performed is interstate commerce.
All the -stices concurring.
A true copy.
Attest: D. A. VALETINE,
lSeal.1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-11-16
D. A. VALENTINE,
Clerk Supreme Court.
No 20,2SO
Corn Products Refining Co., Appellee,

No 202SO
Corn Products Refining Co., Appellee.
V. C. Eddy, ct al, Appellants
Appeal from Shawnee County.
Second Division.
REVERSED.
Syllabus. BY the Court Marshall T.
An injunction will not lie to restrain the
State Board of Health from seeking to pre-
vent. by. legal means, the sale of COM
pound table syrup under the name Mary
Jane where the label does not show the
place of manufacture or production, and
where it is not plainly stated on the pack
age in which the syrup is offered for sale
that it is compound.
All the Justices concurring except Daw-
son, J., who did not sit.
true copy.
Attest: d. A VALENTINE
[Seal.I Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-11-16
'"- No. 2O,765.
The State of Kansas, Appellee,

The State of Kansas, Appellee,
Frank Lake and Walter Jones (Walter
Jones, Appellant.) ~
Appeal from Cowley County. -
AFFIRMED.
Syllabus. BY the Court. Mason, J.
Notwithstanding that where two defend
ants are Jointly tried for felony each is
entitled to six peremptory challenges, vet
if after each of the three challenges al
lowed the state is exercised Tor waived)
they collectively excuse two jurors. and
make no offer to challenge others until all
of the states challenges are exhausted, they
can not then claim the right to excuse three
additional jurors apiece.
All the Justices concurring.
A true copy.
Attest: D. A VALENTINE.
(Seal.) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-11-16
LEGAL.

application to a contract releasing the en-
pl0yer from further liability.
4. The payment of q substantial sum is
tract releasing an employer from further
liability on account Of an injury to work
man, although the amount paid was just
what the statute made due at that time.
8. In Girten V. Zinc Co., 90 Kan. 405, los
Pac. 50, It was not decided that the weekly
compensation act may ever be less than
twenty five per cent Of the workman's for
mer average weekly earnings.
All the Justices concurring.
A true copy.
Attest: ID. A. VALENTINE
(Seal.) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-11-16
No. 20.O79.
A. Klipp, Appellee,

NO. ZUUI3.
A. Klipp, Appellee,
The City of Hoyt, Appellant.
Appeal from Jackson County.
AFFIRMED.
Syllabus. By the Court. 3urch, ].
l. In an action against Il city for per-
sonal injuries, predicated on a breach of
the duty to maintain improved street
in a condition reasonably safe for public
use, the court and jury are not required,
u matter of law, to give controlling
weight to the judgment of the city officials
in planning and constructing the improve
ment, whenever it is so doubtful whether
or not the improvement was dangerous
that different minds might entertain diff
ferent opinions regarding the matter.
2 The evidence examined and held suffi-
cient to warrant submitting to the jury
the issues respecting the negligence of the
city and the contributory negligence of
the plaintiff.
Ali the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
[Seal.l Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-11-16
No. 2O,394.
A. L. Mallott, Appellant,

A L. Mallott, Appellant.
Appeal from Wyandotte County.
Division Number Three.
AFFIRMED
Syllabus. By the Court. Dawson, J.
1. No public way is established across
pedestrians for many years had so fire.
Quently trespassed thereon that they had
worn beaten path across it.
2. One who undertakes to cross n railway
switchboard Of many railway tracks, where
engines and cars are likely to be moving
at any time in the regular course of the
does so at his peril, and the only duty OF
the railway company and its employees to-
wards such trespasser is not to wilfully
.. In Kansas City suburb the defend
ant railway company has a switchboard of
move to and fro frequently. For many
years IT has been common for people ia
cross. the switchboard Notwithstanding q
passing" the ever impending danger OF
such hazardous crossing, and a safe public
tracks had been worn by such travel
When cars impeded such travel, such
pedestrians would go around the cars OF
over or under them. The plaintiff who
was one of these pedestrians was injurod
while thus crossing the switehvard HELD
that in the absence of evidence that his
injuries were caused by the wilfuI ueRli.
Rence of the defendant or its employees he
cannot recover from the railroad com
pany.
All the Justices concurring.
true copy.
Attest: D. A. VALENTINE
lseal.l Clerk Supreme Court.
No. 20.502
l.. c. White. revived in the name of George
p Neiman, as Executor, etc. Appellee
and Appellant,
VS..
c. L. White, Appellant and Appellee.
Appeal from Butler County
AFFIRMED.
Syllabus BY the Court Dawson 7
l. Where n dispute arises between land.
lord and tenant over the amount of grain
rent due on land leased for a share Of
the crop, the testimony of a witness who
threshed the grain was not rendered in.
competent merely because on cross-exam.
-"n he admitted that he was not SURF
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-11-16

No. 2O,3SS.
d. w. Simmer, Appellant
VS..
Dennis d. Rice, ct al, Appellees.
Appeal from Phillips County.
DISMISSED.
Syllabus. BY the Court Burch, j.
On appeal from a Judgment dismissing
an action for failure to amend after a de-
murrer has been sustained to the petition.
the ruling sustaining the demurrer can
not be reviewed if it was made more than
six months before the appeal was perfected.
All the Justices concurring.
A true copy.
Attest: D. A VALENTINE,
TSeaIi Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-11-16
d. A. VALENTINE.
Clerk Supreme Court
No. 20.355.

No. 20,3J5.
Alexander d. Jacks, ct al, Appellants,
vs..
Emily c. Masterson. ct al, Appellants,
Otto Freeman and Vietta Freeman,
Appellees.
Appeal from Wyandotte County.
division No. l.
AFFIRMED.
Syllabus. By the Court. Porter, j.
l. In a suit for partition of real estate
between the collateral heirs of deceased
person, the appellee filed cross petition
In which she claimed to be the owner Of the
rea' estate by virtue of the full performance
on her part of a contract which she al
legged was entered into on the one part by
the deceased and his wife in their life time,
and on the other part by her father when
she was 4 child ter months old, by which
her father surrendered to them full con-
troll and custody of her in consideration of
which they agreed to take her into their
family as their own child and neir- Tho
cross petition then alleged that said con-
tract so entered into was evidenced by a
written instrument executed and delivered
by the parties, and set out copy of the
instrument which showed on its face that
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-11-16
No. 2O,S51.
The State of Kansas, Appellant

The State of Kansas, Appellant,
VS..
John Will Appellee.
Appeal from Harvey County.
AFFIRMED.
Syllabus By the Court. DAWSON j.
1. A child who attends a private, de
nominational or parochial school Is not
truant. ;t,7 tho
,. The legislature has not prescribed the
courses of study in private denomlnatllon y
Or parochial schools, nor concerned ltSSia
that they must be taught by competent
Instructors. a,.,,a ont of
g. A parent who takes his cnlla on. r E1
the public school and sends 1T regularly
TO a private, denominational or parochiasl
school, for such period as said schooi Il, Is
in session. cannot be suDJecteu u 'H'
penalties Of the truancy law.
All the Justices concurring.
Attest: D. A VALENTINE,
1SeaIS Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-11-16
LEGAL.


of the individual estate has such interest
partnership estate as will entitie him to
appear in the probate court and resist the
allowance of questionable claims against
the decision Of the probate court thereon.
z In an accounting and settlement in the
probate court, an administrators is not
absolutely entitled to credit for a judg-
ment rendered against her as administra-
trfx which she has paid and the court may
inquire whether the lawsuit on which the
Judgment was founded was diligently de-
tended, whether 1t was prudently COM
promised, or whether she subjected her
self to the Judgment by negligence, fraud
collision.
g. Rule followed on appeal that the trial
courts findings of fact based upon tangible
and sufficient evidence cannot be disturbed
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
ISeal.1 Clerk Euoreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-11-16

No. 21015 S
]. c. Fisher. ct al, The Board of Rural
High School District No. l.. Stafford
County, Plaintiffs, - so
Anna NJ. Beck. County Superintendent, ct
al. Defendants. =
Original Proceeding in MaHdamus
WRIT DENIED.
Syllabus. By the Court Johnston, C. J.
itural high school districts created under
chapter 311 of the Laws of 1915 are not
within the operation of the Barnes High
School Law and are not entitled to share in
the fund derived from a levy made under
the Barnes Law.
Burch, J., Mason, J., Porter, J., West, J.,
and Marshall, j., concurring. Dawson, j.,
dissenting
A true copy.
Attest. D. A. VALENTINE,
[Seal.I Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-11-16
D. A. VALENTINE.
Clerk Supreme Court.


No. p ,069
Rantoul Rural High School District No. 2,
Franklin County, Plaintiff,
VS..
w. E. Davis, Auditor of State, Defendant
Original Proceeding in Mandamus.
JUDGMENT FOR PLAINTIFF.
Syllabus. By the Court. Johnston, c. ].
A petition for election to vote on
establishing and locating a rural high
school under chapter 81 of the Laws of
1915 recited that the proposed school was
to be located within or close to the village
of Rantoul," and it is held that the loca-
ton so designated is not so indefinite or
defective as to invalidate the organization
made or the bonds issued in pursuance of
the vote.
All the Justices concurring.t
true copy.
Attest: d. A. VALENTINE,
lSeal.l Clerk Supreme CO urt
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-11-16
No. 20,293.
Mrs. Rose L. Malaney, Appellant,

No. 20,293.
Mrs. Rose L. Malaney, Appellant,
Allen N. Cameron and o. c. Brown, as
Administrator, Etc. Appellees.
Appeal from Douglas County.
Judgment of Affirmance Adhered To.
Opinion RehearinG.
Syllabus. By the Court. Mason, j.
1. While an unperformed promise to
adopt may in some circumstances give the
beneficiary valid claim against the estate
of the promisor, no right of inheritance can
be thereby created.
3 Neither promise to adopt nor an.
actual adoption will prevent the promisor
from making such disposition of his prop
erty as he may see fit, acting in good
faith.
g. The existence of a valid but upper
formed contract to adopt a child gives to
the child right to maintain ejectment
for interest in land conveyed by the
promisor to his own son, upon the death of
the latter intestate, leaving neither issue
nor parent, although the child would then
have inherited it If an adoption had taken
place in accordance with the agreement
All the Justices concurring.
A true copy.
Att: D. A VALENTINE
GSeal.l Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-11-16

No. 20, 43S.
Frank J. Hladky, ct al, Appellants,
VS..
Joseph F. Hladky, ct al. Appellees.
Appeal from Shawnee County.
Second Division.
AFFIRMED.
Syllabus. By the Court. Marshall J.
Judgment will not be disturbed where it
is rendered on a jury's findings of fact not
contradictory to each other, and where the
Judgment is consistent with, and supported
by the findings.
All the Justices Ioncurring.
A true copy.
Attest: d. A. VALENTINE.
-lSeal. =, --r .-. tslerE IpreIne Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-11-16
No. 20,402.
Fred Garvey, Appellant,

No. 20,402
Fred Garvey, Appellant,
vs..
W. L. Brown, ct al, Appellees.
Appeal from Leaveuworth County.
AFFIRMED.
Syllabus. BY the Court. Burch, J.
Under the indeterminate sentence act
(Gen. Stat 1909, secs. 6S37- 6S45) the grant
ing or Withholding of a parole is a matter
resting within the sound official discretion
of the prison board, subject to the limita-
tons expressed in the statute.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE.
(Seal) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-11-16
No. 20.
Earl McCorkle, Appellee,

Earl McOOrKIe, appellee,
VS..
Red Star Mill & Elevator Co., Appellant,
Appeal from Sedgwick Co.
First Division.
AFFIRMED.
Syllabus. By the Court. Marshall, J.
1. On the trial of action under the
workmen's compensation law, it is not
error to refuse to grant a continuance for
the purpose of permitting time to elapse
to ascertain whether the injuries are tenn
porary or permanent, where more than a
year has passed between the time of the
injury and the time of the trial.
2. Rule followed that verdicts based on
sufficient evidence will not be disturbed.
3. Rule followed that, in compensation
cases, the rendition of judgment in a lump
sum is within the discretion of the trial
court.
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, 1916-11-16
d. A. VALENTINE,
Clerk Supreme Court.
No. 20,611.
The State of Kansas, Appellee,

No. 2o611.
The State of Kansas, Appellee,
VS..
A. NJ. Covington, Appellant.
Appeal from Smith County.
AFFIRMED.
Syllabus. BY the Court. Porter, j.
L In a prosecution for an attempt TO
commit rape the character and extent of
the resistance of the woman are questions
for the jury to determine.
, In this case it is held that there is sur
ficient evidence of overt acts showing an
intent coupled with an actual or apparent
present ability to complete the offense.
j. Objection to testimony on the ground
that the questions called for the conclus-
ion of the witness held to be without merit.
t. In prosecution for an attempt to
commit rape the defendant brought out the
fact that on another occasion he had visit
ed at the house of complaining witness
Held not prejudicial error to permit the
ton of the circumstances of the former
visit, that he came for the same purpose.
s. Under the circumstances stated In the
permitting the complaining witness to tes-
tffy to a conversation between herself and
husband which occurred prior to the alleg-
ed assault and which referred to an alleged
attempt by defendant to commit the same
offense upon another woman, the court
having charged the jury not to consider
any statements in reference to an assault
on the other woman as any evidence tend
ing to show that such assault was In fact
made.
6. Certain instructions requested by de-
PENDANT are held to have been inapplicable
in q case where the corroborating teSti
mony was not purely circumstantial- Other
requested instructions are held to have
been properly refused because covered by
instructions given.
Z An instruction that If the COMPLAIN
ing witness failed to make any cutlery or
concealed the attempt for any length OF
time after she had an opportunity to COM
plain, these and like circumstances would
carry a strong presumption that her testi-
mony was false, was properly refused on
the ground that in this case there was no
concealment of the attempt and the testi-
mony showed that the husband discovered
the attempt while it was being made.
All the Justices eoncurring.
| A true COPY.
Attest: d. A VALENTINE.
| ISeal-j Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-11-16
LEGAL.
SUPREME COURT SYLLABI
LEGAL.

No. 20.257.
Fred Ehrke, Appellant,

No. 20257.
Fred Ehrke, Appellant,
Q. NJ. Tucker and Harry Tucker, ana Inc
Allen State Bank Intervenor, Appellees
Appeal from Franklin county
Syllabus BY the Court. johnston u, D.
/. 1t is not necessary that the descrIP
ton Of cattle intended to be included ~ d
.hattel mortgage shall be so deflnlte tnaI
third parties can identify the prope[ty
from that alone 1t is enough If the des-
cription anu the inquiries suggested Dy
It furnish reasonable basis for iden-
tificatiOn; but the suggestions whlch IN, IN
dicnte the line of inquiry must De taken
from the mortgage itself and not rest
alone in the mind of the mortgagor OF
mortgage. A.. .ho
2 In the present case it is held that tne
description of certain cattle in a mortgagei
together with inquiries suggested py II u nl
not fairly lead to the Identification OF tue
cattle in controversy and that as the PLAIN
tiff failed to produce substantial evlIehSe
in support of his claim that the cattle III
controversy were included in the mortehke
no error was committed in directing YER
lict in favor of defendants
All the Justices concurr1ng.
A true copy. r,N-r1NE
TScoi Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-11-16
D. A. VALENTINE,
Clerk Supreme Court.

No 20506.
Charlotte Haywood and Tobias Haywood,
Appellants,
VS..
Melinda Nichols, Appellee.
Appeal from Shawnee County.
Division No. i.
AFFIRMED.
Syllabus. By the Court Burch, J.
The evidence examined, and held. tnat
the presumntion no legal impeachment to
a second marriage existed when the mar
rage was contracted, was not overcome
and that persistence of the matrimonial re-
lations after the asserted disability of one
of the parties was removed, made them
husband and wife under the common law.
All the Justices concurring.
true copy.
Attest: d. A. VALENTINE
ISeaL1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-11-16

No. 20 232.
William Schaap, Appellee,
Perry Hayes Appellant
Appeal from Atchison County.
Syllabus. By the Court. Mason, J.
In an action for damages for an assault
and battery the plaintiff having introduced
evidence tending to show that he had been
wrongfully struck by the defendant, and
that he had received certain physical in
juries thereby, lit was not necessary in or
der to make a case for the jury that any
witness should estimate in dollars and
cents the extent of his suffering.
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, 1916-11-16
MONEY.

MONEY TO LOAN on city and farm
property, any amount, low Interest rates
and most liberal terms. Call or write for
our plan. w. NJ Forbes q Co. III
MONEY TO LOAN ON ALL KINDS OF
PERSONAL PROPERTY. =
Horses, cattle. pianos, diamonds, house
hold goods, libraries, typewriters, autos.
carriages, machinery, and to saiaried pep
pie. F. s. Thomas, $40 Kan Ave. Tel. 298.
and get coupons. Money ready when
abstract complete. Write me. r. z. March,
loans and insurance. 107 W. 7th, Topeka.
LOANS made on any kind Of personal Sc
curity. L. Briscoe, 623 Kansas Ave. +