davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-10-12
D. A. VALENTINE,
Clerk Supreme Court.
No. 20,377.
Charles L. Truman, Appellee,

No 2O,377.
Charles L. Truman, Appellee,
The Kansas City, Mexico & Orient Rail-
road Company, Appellant
Appeal l from sedgwiek County.
MODIFIED AND CONDITIONALLY
AFFIRMED.
Syllabus. BY the Court. Dawson, J.
1. Where a cause of action sufficiently
pleads and the evidence sufficiently proves
such negliger ce as will render defendant
tbaf tba It is n95 6 can
alleged other acts of negligence which
were not established by the proof, when
the superfluous allegations not proved
could not have misled the defendant to
his prejudice. (Civ. Code. Sec 134.)
2 In nth the conduct of its car ar repair shop
to come under the provisions of the Work
mems Compensation Act, laws 1911. ch
Factory Act claws 1908, ch. 1850 and its
liability for injuries sustained by its
workmen in such car repair shop is con-
Common Carriers Liability Act Gaws
1911. CHI. 239). following Bubb. Adm's VS..
Railway Co, 50 Kan 1908. 131 Pac. 575O
3. Where workman in car repair
shop sustained injuries to his hand which
came in contact with an unguarded cir
dence that the saving machine had been
examined and found without fault by the
rial error to exclude testimony that other
saws were similarly operated in the COM
munity without safeguards
4. Ordinarily a jLry's finding that it is
practical to attach safeguard TO a niece
of dangerous machinery, when such find
ing is approved by the trial court is con-
elusive
). The courts instructions to the jury
that the plaintiff not required to
prove that it practical to attach
safeguard to the machinery which injured
him. and that the burden to prove its i'm
Dracticabilfty rested on the owner of the
machine were proper and in conformity to
FACTORY
doctrine announced in Caspar VS.. Levin, So
Kan 6o4 100 Pac 657
g. A Judgment fol SIS 600 as damages to
PLAINTIFFS hand discussed and held to be
excessive. Plaintiff given option of
judgment for $1,000 or a new trial
All the Justices concurring.
A true copy.
Attest: d A VALENTINE
lSeall Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-10-12
LEGAL.

iendant was duly arraigned for sentence
IN open court, all the officers of the said
court being present in person, and the
court being fully advised in the premises
passed sentence upon the said William
ierry, stating the sentence imposed, does
not warrant the inference that the court
In rendering judgment omitted the statu-
tory requirement to inform the defendant
OF the verdict returned by the jury and
to ask him whether he has any legal cause
to show why judgment should not be
pronounced against him.
T. The evidence examined and found to
be sufficient to support the verdict.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
lSeal] Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-10-12
No. 2o,3333.
Eliza Hessen ct al, Appellees,

No. 20,333.
Eliza Hessen ct al, Appellees,
VS..
Rebecca Sapp ct al, Appellants.
Appeal from Allen County.
AFFIRMED.
Syllabus. BY the Court. Mason, J.
1. The fact that in an action to set aside
a conveyance, for want of capacity, wit
nesses were permitted to testify that in
their opinion the gra1tor not COM
petent to make deed. held under the
circumstances here presented not to consti-
tuta prejudicial error.
3 The rule that where the findings of a
jury are purely advisory the giving of an
erroneous instruction is not a ground of
reversal. unless it shows that the court
misconceived the law by which the rights
of the parties were to be determined. ap-
plies well where the court adopts the
findings of the jury and makes none in
addition thereto, as where it frames indie
pendent findings of its own. An instruc-
ton which included the reasonableness of
the grantor's act in making deed one
of the matters to be considered in ac-
ton to set 1t aside for want of capacity
and undue influence. held to be non
prejudicial urder that rule
All the Justices concurring-
true copy.
Attest d. A VALENTINE
'Sea1.l Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-10-12

No. 20, 1S9.
The Farmers and Drovers' Bank, Appellee,
VS..
J. c. Bashor, Appellant.
Appeal from Morris County.
REVERSED.
Syllabus. By the Court. Burch, J.
l. The payee of a note who transfers it
becomes secondarily liable within the
meaning of section 127 of the Negotiable
Instruments Act (Gen. Stat. 1909. Sec.
5373.)
. A person secondarily liable is dis
charged by any agreement binding on the
holder to extend the time of payment I'M
less the agreement be made with such per-
sons assent or unless recourse against him
be expressly reserved. Negotiable Instru-
ment Act, Sec. 127, Gen. Stat. 1909, Sec.
5373.)
B. Assent as used in section 127 of the
Negotiable Instruments Act (Gen. Stat.
1909, Sec. 1919 means concurrence in the
agreement to extend the time of payment
when made. Without such assent
agreement to extend time of payment ipso
factO discharges the person secondarily
hable.N
4. knowledge of an extension does not
alone constitute assent and it is not neces-
sary that an extension be expressly OBJ
teeted to to entitle a person secondarily
liable to his discharge.
5. After a person secondarily liable has
been discharged by extension made
without his assent his liability can be
vived only by virtue of a new contract or
by virtue of conduct creating estoppel.
All the Justices concurring.
true copy.
Attest: d. A. VALENTINE,
[Seal.l Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-10-12

No. 20,141
America L. Despair, Appellant,
VS..
William L. Despair, Appellee
Appeal from Morris County
AFFIRMED.
Syllabus. By the Court Burch J
landowner suffered his land to be
conveyed for taxes by deed regularly is
sued and valid on its face. The tax deed
holder did not take possession or COM
mence proceedings to recover the land
within two years After expiration of the
two year period a grantee of the former
owner purchased the tax title. The pur-
chaser took possession and held possession
for more than five years. The widow of
the former owner, who had lived apart
from her husband and who had not Joined
in his deed, then commenced an action to
recover her interest in the land. Held the
action was barred by the five-year statute
of limitations
All the Justices concurring.
true copy.
Attest: .. A VALENTINE
tSeal-) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-10-12
LEGAL.


First published In The Topeka stats
September O, 1876
NOTICE OF APPLICATION OF BUS1-
NESS COLLEGE FOR PERMIT To
KANSAS. =
Notice Is hereby given that the Nortf<
western Business and Normal College "a
Beatrice. Nebraska, has made applies
ton to me for permit to canvass II
the state of Kansas for the purpose AZ
selling tuition in advance. or to CONTRACT.
or to secure notes for tuition from stu
dents before their registration in the bus1-
ness college herein named. If satisfac-
tory proof is furnished that the above
furnish such a course of instruction as g
adyortises. that the mora! 6urrouud<
ings Of the institution are not good oF
that fhe premises are kept in an un@
healthy condition or II the agents of said
Institution use misrepresentation or fraud
mt methods iu securing contracts. note1
or ash from prospective students, in sucb
case \ permit will not be granted to such
busins s college W. D. ROSS,
State perintendent- -
First published in The Topeka Stak9
Journal. Thursday, September IS, 1916. I,s,
State of Kansas. Shawnee County, S.
In the Matter Of the Estate OF c. q.
Knowles, late of Shawnee County. Kansas.
NOTICE OF APPOINTMENT. ~
Notice is hereby given that on the 27tz
dy of September A. D. 1916. the undersign-
ed was. by the Probate Court of Shawnee
County. Kansas. duly appointed Adminixs
of Shawnee County, deceased. All par
ties interested in said estate will taE
notice and govern themselves accordingly.
c. b.. KNOWLES, Administrator.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-10-12
No. 2O.342
Perry Hayes and w. c. Hayes. partne
Hayes Brothers. Appellants,

No 2O.342
Perry Hayes and w. c. Hayes. partners as
Hayes Brothers. Appellants,
B. P. Waggener ct al. Appellees.
Appeal from Atchison County.
AFFIRMED.
Syllabus. BY the Court. Porter, J.
1. The words defendant owner in sec
tions 476 and 432 of the code. which pro-
vide that the defendant owner shall be
entitled to the possession of real estate
sold under execution. until the expiration
of the redemption period, and may assign
his rights to another. are broad enough to
include an owner of real estate which is
sold under foreclosure Judgment rend-
cred on n cross-petition in a suit in which
such owner was the plaintiff and the
mortgage was the defendant.
2 Third persons whose rights are not
affected thereby can not complain of the
action of an attorney who becomes the
purchaser of his clients real estate at
judicial sale.
3. A defendant owners right to the pos
session of real estate sold under execution
or order of sale during the redemption
period is not affected by a contract be-
tween the holder of the certificate of sale
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-10-12
No. 1900.

No. 1850.
J. M. Roberts, Appellant,
The Missouri, Kansas & Texas Railway
Company, Appellee.
Appeal from Labette County.
AFFIRMED.
Syllabus. By the Court. Johnston, c. J.
Where a recovery is sought by reason
Of several negligent acts of the defendant
and the jury in answer to a special ques-
ton finds that the negligence upon which
they base their verdict is a certain single
act of the defendant the finding in effect
acquits the defendant of every charge of
negligence alleged in the petition or men
toned in the evidence except the one
specifically designated in the finding.
All the Justices concurring.
true copy.
Attest: D. A. VALENTINE
ISeaLl Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-10-12
No. 20,113.
John A. Edwards, Appellant.

NO ZU,lfo.
John A. Edwards, Appellant.
The American Land & Cattle Company
and Watson d. Haines, Appellees.
Appeal from Clark County.
AFFIRMED.
Syllabus. BY the Court. Marshall, J.
1. In an action for damages alleged to
have been sustained by the plaintiff by
being dispossessed by the defendant of
land alleged to have been leased by the
plaintiff from the defendant through its
agents, it is proper to introduce in evil
dence written leases for the land to an
other person, for the same time, and to
show that the other person leased the
land to the plaintiff, where the answer al
leges that the defendant did not lease the
land to the plaintiff nor authorize any
one to do
2. To terminate the rights of a sub
lessee of land, it is not necessary to give
him notice to quit, where the lessor of
the sub1essee holds from the landowner
under a written lease which fixes the time
for the termination of the tenancy.
3. The instructions given have been ex-
amined and ara found to have correctly
stated the position of the defendants.
All the Justices concurring.
A true copy.
Attest: d. A. VALENTINE,
[SeaIl Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-10-12

No. 2O,15O
Charles S. Eagle, Appellant,
Todd Matthews, Appellee
Appeal from Shawnee County.
(First Division.)
REVERSED.
Syllabus. By the Court. Porter, J.
1. In order to constitute a constructive
eviction, the acts complained of must be
those of the landlord or those for which
he is responsible, and acts of third persons
impairiug the usefulness or enjoyment of
the premises do not amount to an eviction
by the landlord unless committed under
his direction or at his instance or with
his consent.
p In an action to recover rent where
the defense is a constructive eviction,
general verdict in favor of the defendant
will be set aside where the special findings
show that none of the grounds upon which
the defendant claims the right to abandon
the premises resulted from any wrongdoing
of the plaintiff or by his direction or con-
sent.
5. Where a tenant claims that circum-
stances have arisen which give him the
right to abandon the lease and he claims
an eviction, he must act within a reason
able time after the discovery of the condi-
tions' and where he remains in possession
of the premises under the lease for eleven
months and the conditions were the same
before and after the execution of the lease,
he will be held to have waived any claim
that he has been evicted by reason of the
conditions
All the Justices concurring.
A true copy.
Attest D. A. VALENTINE,
(Seal.] Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-10-12
LEGAL.

degree or its own motion the court in.
structed upon the law of murder in the
flrst and second degrees and the jury re-
turned a verdict of murder in the second
degree. Held, that since the evidence
shows beyond question that defendant was
guilty of murder in the first or second
degree or that he was innocent, there was
no error in the omission of the court to
instruct the jury with reference to the
lesser degrees.
8. The rule that the extent to which
cross examination shall be allowed is de-
termfned by the circumstances of the case
and rests largely in the discretion of the
trial court followed, and held, that the de-
PENDANTS right of cross examination was
not unduly restricted and held further
that defendant suffered no prejudice from
rulings on the admission of evidence of
fered by the state.
All the Justices Concurring.
true copy.
Attest: d. A. VALENTINE,
ISeal.1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-10-12
No. 20,3S1.
Ernestine Ahnert, Appellant,

No. 2O,:5S1.
Ernestine Ahnert, Appellant,
Albert Ahnert, Appellee.
Appeal from Stafford County.
AFFIRMED.
Syllabus. BY the Court. Burch, J.
1. A deed reserved the rents, issues and
profits of the land to the grantor for his
life and after his death to his wife for her
life. Held, the widow of the grantor took
no title to rent wheat grown on the land,
which was harvested, threshed and placed
in granaries before her husbands death,
as against the executor of his estate.
2. The probate court, acting under the
impression that the wheat belonged to the
inventory accordingly. Held. the executor
was not estopped from claiming the wheat
as assets of the estate by participating in
the probate court proceeding.
All the Justices concurring.
true copy.
Attest: D. A. VALENTINE,
tSeal1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-10-12

No. 20,370
Lew StOthard, Appellee,
VS..
The Junior Coal and Mining Company, a
Corporation, Appellant
Appeal from Crawford County.
AFFIRMED.
Syllabus. By the Court. West, j.
The plaintiffs testimony as to how the
injury occurred was susceptible of two
different constructions. The trial court,
after directing a verdict for the defendant
granted a new trial. Held, not error.
All the Justices concurring.
true copy
Attest: D. A VALENTINE,
TSeall Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-10-12
No. 20,160.
James Loope, Appellee,

No. 20,160
James Loope, Appellee,
VS..
Chicago. Burlington & Quincy Railroad
Company, a corporation, Appellant
Appeal from Wyandotte County.
division No. ~
APPEAL DISMISSED.
Syllabus. BY the Court West T.
Under section 1854 of the General Stat
utes of 1909 the Justice of the peace had
no right to entertain the garnishment pro-
ceeding involved herein, but the district
court. although acting enormously was
not without Jurisdiction, and the amount
involved being less than one hundred dol
lars, and constitutional question being
involved, the appeal must be dismissed.
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, 1916-10-12

In re Bob Mote, Petitioner
Original Proceeding in Habeas Corpus.
Writ Denied.
Syllabus. BY the Court. Dawson J
l. The constitutional guarantees in sec
ton 10 of the Bill of Rights. which insure
to every person accused of crime a speedy
public trial by an impartial jury of the
county in which the offense is alleged to
have been committed. ETC. are personal
privileges which the accused may waive
and when they are freely waived by a per-
son charged with crime, by a plea of
guilty in district court of general juris-
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-10-12

No. 20. 361.
Eva Lennen, Appellee,
VS..
B. C. Ogden and c. A Ogden Appellants
Appeal from Rice County.
AFFIRMED
Syllabus. BY the Court Burch. j.
Rule followed that assignments of error
presenting matters which grounds for
a new trial under section 800 of the civil
code will not be considered when the rec
ord merely shows that a motion for new
trial made and overruled.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
ISeall Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-10-12
No. 20,694.
The State of Kansas, Appellee,

NO. ZO,694.
The State of Kansas, Appellee
VS..
William Terry, Appellant
Appeal from Sheridan County.
AFFIRMED.
Syllabus. BY the Court. Johnston. C. J.
l. ordinarily proof that crime has
peen committed should precede evidence
tenGlng to implicate the defendant but the
order OF proof is matter largely within
the discretion of the court and departure
from the usual order that does not oper-
ate preJudicially is no ground for re-
versal.
Where witnesses called to testify in
Dehalf of a party give testimony contra
dlctory of former testimony and incon-
slstent with previous statements the party
calling them may be permitted to cross
examine them and call their attention to
their former evidence and statements and
may also offer testimony which contrndicts
ana 1mpeaches their present testimony
B. An entry of Judgment that the de-
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-10-12
D. A. VALENTINE,
Clerk Supreme Court.
No. 20,375.
The State of Kansas, Appellee,

No. 20,375.
The State of Kansas, Appellee,
Henry Bauman, Appellant.
Appeal from Shawnee County.
(Second Dfvision-)
AFFIRMED.
Syllabus BY the Court. West j.
The amended Information while emitting
the expression without the assent of his
employer" first part of section IS of the
Grimes Act, General Statutes of 1909, Sec
257S) also the words "unlawfulfy, felon-
iously and willfully," charged that the de-
PENDANT, being the agent, employe, clerk
and servant of c, and
After having received the said sum OF
S4756 as such agent, employe and servant
of the said . and did then and there
make away with, secrete, embezzle and
convert to his own use the said sum of
S47.56 so coming into his possession as
aforesaid; contrary to the form of the
statutes
The defendant was convicted of a mis-
demeanor only. Held, that in view of the
natural meaning of the language used the
defendant was not materially prejudiced
by the omissions complained of.
Burch j. Mason, J., Marshall, J., and
Dawson, j., .oncurring.
Johnston, C. J., and Porter, J., dissent
ing.
true copy. -
Attest: d. A. VALENTINE,
ISealI Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-10-12
No. 20,625.
The State of Kansas, Appellee,

No. %, 625.
The State of Kansas, Appellee,
VS..
Emory A. Wales, Appellant.
Appeal from Harper County.
REVERSED
Syllabus. By the Court West J.
In the prosecution of d warehouseman
for the alleged embezzlement of 735 bushels
of wheat, it was error to reject evidence
offered by the defendant touching his eff
forts to keep his mill a going concern,
to obtain funds to meet his obligations
and a contract signed by the prosecuting
witness tending to show recognition of
the defendant a creditor instead of
bailee, and other evidence fairly going to
the question of intent.
All the Justices concurring.
true copy.
Attest: D. A. VALENTINE.
lSeal1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-10-12
No. 20,354.
Anna NJ. Hart, Appellee,

No. 20354.
Anna NJ. Hart, Appellee,
VS..
Willard NJ. Hart, Appellant.
Appeal from Stafford County.
AFFIRMED.
Syllabus. BY the Court. Johnston, c. J..
On a motion to correct the entry of a
Judgment so that it should speak the truth
where it was found upon disputed evidence
that the Judgment as originally entered
did not correspond with the judgment ac-
tualIy rendered, the finding which was
based in part on the knowledge and re-
collection of the judge to the true
Judgment rendered must be upheld on
appeal.
ALL the Justices concurring.
A true copy.
Attest: D. A VALENTINE,
(Seal) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-10-12

No. 20. $50.
Louis Ahnert, ct al, Appellants.
VS..
ErnestiEe Ahnert ct al, Appellees.
Appeal from Stafford County.
AFFIRMED.
Syllabus. By the Court. Johnston, c. J.
l. The testimony received in contest
of will examined and held to be suffi-
Gent to sustain the findings of the trial
court that the testator had sufficient mem
tai capacity to make a will and that he
was free from undue influence when he
executed it.
= Having mental capacity the will exec
uted by testator is not invalid because
his name was written by another, he hav-
was written by his directions and in his
presence.
All the justices concurring.
true copy.
Attest: D. A VA ENTINE,
lSeaL] Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-10-12
LEGAL.

and his assignee which purports to grant
to such assignee the right to possession
before the expiration of the redemption
period
All the Justices concurring.
A true copy.
Attest: d. A. VALENTINE,
lSeal.I t,Iers Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-10-12
No. 20,376.
Henry Pens, Appellee,

No. 20376.
Henry Pens, Appellee,
A c. Kreitzer, Appellant
Appeal from Allen County.
AFFIRMED.
Syllabus. By the Court Marshall T.
1. The question of contributory negif-
gence is one of fact in an action for dam
ages sustained by the driver of team
and wagon in collision with an automo-
bile coming from behind at dangerous
rate of speed, both going in the same di-
rection on the left side of the road, where
the driver of the team and wagon did not
have time to turn to the right after he
heard the automobile coming.
2. The evidence has been examined and
it is found sufficient to support the verdict
of the jury.
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, 1916-10-12

No. 20,362.
Zelora Roberts, Appellee,
The Charles Wolff Packing Company.
Appellant.
Appeal from Shawnee County.
division No. =.
AFFIRMED.
Syllabus. by the Court. Mason, !.
1. Where a lump sum Judgment has been
rendered under the workmen's compensa-
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-10-12

No. 2O,34S.
De Soto State Bank, Appellee,
vs.
John w. Randall and Lille l.. Randall,
Frand Hodges and George Hodges, doing
business as Hodges Bros, Appellants
Appeal from johnson County.
AFFIRMED.
Syllabus. By the Court. West, j.
Notes taken for building material can
not in the absence of a material mans
lien. be made a lien on the premises.
All the Justices concurrtng.
A true copy.
Attest: D. A. VALENTINE,
[SeaL1 Clerk Supreme Court