davidaulloa/AmericanStories huggingface dataset:
The Cook County news-herald. [volume] (Grand Marais, Cook County, Minn.) 1909-current, 1916-05-17
TORRENS 124.
STATE OF MINNESOTA, COUNTY OF
Cook. In District Court, Eleventh
judicial District

In the Matter Of the Application of
nesota Corporation. Spit ROCK
amains aaa Observation-Disclosures %Rs N.Y.
rails Investment Company, Min.
nnesota corporation, and Juanita
Murphy and Margaret Wakelin,
ing. described real estate, stu
ated in Cook County. Minnesota.
r SortSssse aa. ssets af & seet fes
Twenty-seven, Township Sixty
fl dayf IN So 4th > Of NJ Range Four West
Northeast quarter of Section
North, Of Range Four West Of
the 4th p M' vs.. Applicants
A. Jones. John B. Arnold, and all
other persons or parties un-
estate. lien or interest in the real
ton her %dScf'0eo IN D sas dent'ea
The State of Minnesota to the Above
Named Defendants:
You are hereby summoned and re-
spplean}s in the abeTe entitled or p 1ae
tie said application in the office Of the
clerk OF said Court in said County
within twenty days after the service OF
this summons upon you, exclusive OF
the day Of such service and, If you fail
to answer the said application within
the time aforesaid, the applicants in this
proceeding will apply to the Court fol
Witness Geo. Leng, Clerk of said
Court, and the seal thereof, at Crane
Marais. In said County, this 9th day OF
May, 1916.
GEO. T,ENG
Clerk Of the District Court
ARNOLD 4 ARNOLD.
Attorneys for Applicants
(Seal Of District Court)
The Cook County news-herald. [volume] (Grand Marais, Cook County, Minn.) 1909-current, 1916-05-17
IA.

STATE OF MINNESOTA, COUNTY OF
Cook. In District Court, Eleventh
Judicial District.
The Topeka state journal., 1916-12-14
LEGAL.

supreme court, the trial court. on personal
knowledge of what took place at the time
the judgment was rendered. has power
to correct the journal entry as to make
it correctly recite the Judgment that was
actually rendered.
.. Where. after a judgment has been af-
firmed by this court on appeal. the journal
entry of that judgment is corrected so as
to make the journal entry recite the 1udg-
ment that was rendered. all questions that
could have been presented on that appeal
are concluded, even though the corrected
journal entry recites a Judgment different
from that set out in the original journal
entry.
3. Quaere: Can the state recover person
al judgment against those who wrongfully
obtain money from a municipal corporation
where none of the money belongs to the
state?
All the justices concurring.
A true copy.
Attest: D. A VALENTINE.
(Seal) Clerk Supreme Court.
The Topeka state journal., 1916-12-14


in contact with its wires. (Winegarner VS..
Edison, 50 Kan. 81
f. There was error in excluding teS-
timony offered to show a rule of defend
ant that upon notice to it. defendant would
render assistance to persons desiring TO
move such structures under its wires, Tor
the reason that the defendant, by the
adoption of such rule could not limit the
right to use the highway for lawful pur-
poses.
s. The fact that the undisputed evidence
showed the impracticability of insulatfng
wires carrying more than 6,OOO volts, VIII
not preclude plaintiffs right to recover on
the other ground of negligence charged,
viz, failure to place the wires high
enough to avoid interference with the law
full use of the highway.
g. On the facts stated in the opinion
there was no abuse of discretion in refus-
ing to admit in evidence model or re-
production of the system of defendants
poles and wires.
Z On the facts stated in the opinion,
there was no error in refusing to give an
instruction to the effect that there was no
evidence of wanton negligence; nor in re-
ton" means reckless, wicked, willful.''
Judgment for $4,000 cannot be regarded as
so excessive to show prejudice and pas
sion on the part of the jury.
All the Justices concurring.
A true copy.
Attest: d. A VALENTINE.
(Seal.) Clerk Supreme Court.
The Topeka state journal., 1916-12-14
No. oO.e96

No. 20,996.
Thomas Lynn, Appellee,
VS..
3. NJ. McCue, ct al, Appellees, tThe Com
monwealth Trust Company Aprellant)
Appeal from Haskell County.
APPEAL DISMISSED.
No. 20.995.
The State of Kansas ex rel, The Common
wealth Trust Company, Plaintiff,
George J. Downer, Judge of the Thirty
second Judicial District, Etc, Defend
ant.
Original Proceeding in Mandamus
WRIT DENIED.
Syllabus. By the Court. Johnston, c. j.
A decision was given upon an appeal in
complicated equitable action which in
volved controversies of a complex char
acter between a number of parties holding
conflicting claims. The Judgment was af-
firmed in part and reversed in part. di-
rections being given as to the trial of the
undetermined issues. When the mandate
was spread of record and the case was
again brought before the trial court that
court was vested with jurisdiction and
power to interpret the decision and man
date of the supreme court which, 1t Is held,
were fairly open to Interpretation. and its
Interpretation of the decision as we'll as its
rulings and Judgment in the second trial.
however erroneous, can not be regarded es
errors to be corrected on appeal, and can
not be corrected by a proceeding in man.
damus.
All the Justices concurring except Daw-
son. J.. who did not sit.
A true copy.
Attest: D. A. VALENTINE.
(Seal) Clerk Supreme Court
The Topeka state journal., 1916-12-14
LEGAL.


may be disregarded or it may be consid-
cred as amended without formality.
. 1t is the duty of an attorney as an
off1cer of the court to assist the court in
reaching proper decision on every prop
osition involved in a lawsuit, and if he
thlnks an inaccuraey or discrepancy in his
opponents pleadings may tend to make
Justice miscarry, it is his duty to point out
such inaccuracy or discrepancy so clearly
and precisely that it cannot be overlooked
by the court, following Riverside VS.. Bailey,
81 Kan an , 40, los Pac: 796; Emery VS.. Ben
t. While a trial court never losas inris
dict1on to correct or amend its record to
make it speak the truth and to chronicle
the history of n cause tried before it, yet
when an appeal is taken from its decision
1t has no jurisdiction to permit any amend
ment to the pleadings or to alter the real
situation of the parties as it existed at the
time its judgment was rendered.
All the Justices concurring.
A true copy.
Attest: D. A VALENTINE
(Seal.) Clerk Supreme Court.
The Topeka state journal., 1916-12-14

No. 20.S1c
The Cargill Commission Company, a Cor
poration, Appellant
f A Mowery, Appellee.
Appeal from Reno County.
REVERSED.
Syllabus BY the Court. West, J.
l. The correspondence between the par
ties examined and held that the kilograms
of June 20, 1915. constituted a contract by
which the defendant is bound
. Ordinarily custom and usage are ad-
missibIe merely to explain or elucidate
something uncertain ambiguous con-
tained in a contract
g. Plaintiff was entitled to judgment on
the pleadings and the petition being sup
ported by competent evidence the demurrer
to such evidence was enormously sus-
tained.
4 Upon failure of the seller to fulfill
a contrnct covering 10000 to 81 900 bushels
of grain the buyer may purchase in the
open market at the best prices possible on
amount, the delivery of which amount by
The Topeka state journal., 1916-12-14
No. 20,451.
Robert Good, Appellee,


J. W. Higgins, Appellant.
Appeal from Mitchell County.
AFFIRMED.
Syllabus. BY the Court Dawson, ].
1. Instructions to a jury concerning eX
held sufficiently accurate and plain for the
purpose of the cause under consideration
2. In action for damages for SANDER,
in which either separate counts were
pleaded setting forth different slanderOus
statements uttered by the defendant, it is
held not to be reversible error for the
trial court to refuse to submit special
question which asked how much damages
the jury allowed for each separate SANDER;
and general verdict for reasonable sum
is sufficient
g. Where two persons are candidates for
public office, and one publicly proclailns
the other to thief an 'emhezzler,'' dis
honest" CROOKED, - and the like, and the
jury specially finds that such statements
were not made in good faith verdict
awarding damages in the sum of $500 to
the slandered person cannot be disturbed
as excessive.
4. Before such statements concerning
candidate for office can be justified or
excused as privileged, it must be shown
that they were uttered in good faith, in
good reason to believe that they were true.
and that they were uttered in honest
endeavor to lay the facts before the cleo
tors as to the real fitness of the candi-
date who sought their suffrages Coleman
VS.. MaoLennan, rs Kan. Ill, 9S Pac. 2S1.)
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
(SeaL) Clerk Supreme Court.
The Topeka state journal., 1916-12-14
d. A. VALENTINE,
. Clerk Supreme Court.
No. 2O,469.
w F. Sheahan, Appellee,

The United States Fidelity and Guaranty
Co, Appellant.
Appeal from Shawnee County.
division No. p
AFFIRMED
Syllabus. By the Court Dawson. I.
l. In an action to recover on a .contrac-
tors surety bond, in which the petition
plainly alleged that a stated balance was
due for materials furnished to the con-
raetor- simple and obvious clerical error
as to the amount already paid on the ac-
count, whereby mere quibbe might be
raised that no balance whatever was due,
does not render the petition subject to de-
. An obvious clerical error in petition
The Topeka state journal., 1916-12-14
u. A. VALENTINE.
Clerk Supreme Court.
No. 70. 42f.
Nanny Logan, Appelle


The Empire District Electric Company,
Appellant
Appeal from Cherokee County.
AFFIRMED.
Syllabus. BY the Court Porter J
The defendant maintained across a pub
lie road q system of poles and wires in
Guiding two telephone wires and ground
roadway, and two high tension wires un-
insulated. which carried $4,000 volts and
which were suspended twenty three feet
three inches above the roadway. Plaintiff
was assisting in moving Il frame store
building along the road. and while at
tempting to raise the telephone wires or
the ground wire over the roof of the build
ing. he came in contact with one of the
high tension wires and received serious
injuries. Held;
l. For the purpose of showing that de-
fendant should have anticipated the use
IF the highway for such purpose, evidence
was admissible TO show the extent to which
the highway had been used for moving of
buildings machinery AMI other structures
higher than the wires in question, not only
before. but after defendants wires were
placed there.
> The evidence justified finding that
before the wires were erected taere had
been, and thereafter continued to Le such
y use Of the highway for moving build
ings, machinery and other structures as
Us high tension wires were a menace to
human life. unless precautions were taken
To- prevent their interference with such use.
. II was the duty Of the defendant to
anticipate the moving Of buildings of
greater height than the wires and to take
lrecautions TO protect persons liable to be
an such structures from danger of comm z
The Topeka state journal., 1916-12-14
No. 20,405.
J. T. Hollicke, Appellee,

No. 0405.
J. T. Hollicke, Appellee,
The Missouri Pacific Railway Company,
Appellant
Appeal from Sedgwick County.
division No 3
REVERSED.
Syllabus BY the Court Mason, j.
1. In an action for damages for the fail
of carrier to deliver two boxes of
goods, the evidence held sufficient to war
rant submitting to the jury an issue wheth-
er two boxes short on one shipment were
the same two found to be over In another.
=. In such an action the only evidence as
to the contents value of the missing
boxes that of the plaintiff, who testi-
fled that one of them contained 1872 suits
of underwear, worth $S3.S7, and the other
siXty-three mems suits worth $40 each, or
$7J6 Several witnesses testified that his
reputation for veracity was bad. The jury
returned a verdict for $500. Held. on APP
peal by the defendant, that the verdict
must be set aside for lack of any evidence
warranting a finding of that amount. be-
cause if the jury disbelieyed the only wit
ness on the subject, they had no basis for
determining how much he had exaggerated
or for forming independent judgment
as to the value of the goods.
All the Justices concurring.
A true copy.
Attest: d. A. VALENTINE,
(Seal.) Clerk Supreme Court.
The Topeka state journal., 1916-12-14
No. 2O,457.
NJ. o. Wiley, Appellee,
]. W. Goulding, Appellant.

J. w Goulding, Appellant.
Appeal from Finney County.
REVERSED.
Syllabus BY the Court. Mason. J.
1. The evidence in an action for unlawful
detainer held to have a tendency to show
that a letter was written by the owner of
real estate to his agent containing an offer
to rent it to the occupant for stated
amount: that the letter was shown to the
occupant, who notified the agent that he
accepted the offer; and that the relations
of the parties was such that notice to the
agent was equivalent to notice TO the
principal.
2 Assuming the facts to be established
as indicated in the preceding paragraph.
completed contract resulted, which was
not affected by a subsequent request by
the tenant for the execution of formal
lease containing new terms, so long he
did not insist upon them as a condition to
the performance on his part of the original
agreement.
3 A sufficient memorandum in writing to
satisfy the statute of frauds may consist
of letter from the owner of real estate
to his agent, offering to lease it on stated
terms. followed by an oral acceptance by
the tenant.
All the Justices concurring-
A true copy.
Attest d. A. VALENTINE,
(Seal.l Clerk Supreme Court.
The Topeka state journal., 1916-12-14
No. 2O,462.
Oliver P, Gideon, Appellee,

Oliver P, Gideon, Appellee,
VS..
Peter NJ. Dideon and Clara Gideon,
Appellants.
Appeal from Sumner District Court.
AFFIRMED.
Syllabus. BY the Court. West, J.
The rule is followed that when a grantor
executes deed and Internationally de
livers it to a third party for the benefit
of the grantee intending to divest title
and to part with all control over the in
strument, such deed passes title, and that
when the instrument provides that 1t shall
not take effect until the death of the
grantor this will ordinarily be construed
to mean that the title vests at once, it's
enjoyment only to await the grantors
death; and the trial courts decision that
the facts bring the case within such rule,
held, proper.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
(SeaI) Clerk Supreme Court.
The Topeka state journal., 1916-12-14
D. A. VALENTINE,
Clerk Supreme Court.
No. 20.463.
W. s. Griesa and J. Frank Jones,
Partners, Etc, Appellants.


David Thomas, Appellee
Appeal from Harvey County.
AFFIRMED.
Syllabus. BY the Court Dawson, J.
l. Special findings of fact concerning a
contract for the purchase of speciOsa
catalpa seedlings examined, and held that
plaintiffs motion for judgment thereon was
properly denied.
3 1t is needless to examine a trial courts
instructions to the jury touching the meas
ure of damages for breach of contract
when n defense of Misrepresentation and
fraud in procuring the contract is success
fully maintained and no damages re-
coverable.
8. Where one of the defenses to a writ
ten contract for the purchase of catalpa
seedlings that the defendant did not
have a fair opportunity to read the con-
tract, 1t waS not error to permit oral tes-
timony that the vendor had assured the
vendee that. the latter would have the
privilege of contermanding the order,
where the jury were carefully instructed
that the terms of the written contract were
binding on the defendant unless the jury
found that he did not have a fair oppor-
tunity to read it before he signed it
+. The ordinary rule that n written con-
tract speaks for itself and that parole
evidence to show the oral statements, rep
reservations and negotiations of the par
ties which led up to the contract is mad
missible has no application to written con-
tracts procured by the fraudulent repre-
sentations of one of the parties and which
were relied upon by the other.
). The rule that representations as to
the market value of an article or commod-
ity are mere expressions of opinion and
not statements of fact is limited in its ap-
plicatiOn to familiar articles and com
moditieS of commerce whose market value
is easily ascertainable; and does not apply
to sales of articles or commodities whose
market value is difficult of determination,
especially when such articles commod-
tiles are offered for sale by a vendor who
is familiar with their true worth and real
market value to the vendee who is entirely
ignorant thereof and who buys in reliance
on the vendors positive statements con-
cerning the market value
6. Instructions covering the question
whether representations as to market value
were positive statements of fact mere
expressions of opinion examined and ap-
proved
All the Justices concurring.
A true copy.
Attest: ID. A. VALENTINE,
(Seal) Clerk Supreme Court.
The Topeka state journal., 1916-12-14
No. 20.461.
Levi B. Burlington, Appellee,


Adelia NJ Patterson and J. o. Patterson
Appellants.
Appeal from Cowley County.
AFFIRMED.
Syllabus BY the Court. Porter J.
In a suit to foreclose a purchase money
mortgage. defendants set up a counter
claim for damages by reason of alleged mis-
representations by plaintiff as to the true
boundary lines of the real estate. The evil
dence, findings and conclusions of law are
examined, and it is held:
(a) The findings sustained by suffi-
cient evidence.
(b) There was no error in the holdings
of the trial court that certain surveys made
by surveyors. and other evidence offered
for the purpose of showing the exact 1oca-
ton of the boundary lines of the property
were unsatisfactory.
(c) On the findings, a judgment against
defendants will not be disturbed.
All tie Justices concurring.
A true copy.
Attest: D. A. VALENTINE.
(Seal) Clerk Supreme Court.
The Topeka state journal., 1916-12-14
No 2O,45O.
NO 70, ,3OU-
John s. Dawson, Appellant,

John ;. Dawson, Appellant,
The Board of County Commissioners of
the County of Cherokee, Appellee.
Appeal from Cherokee County.
Reversed and remanded with Directions to
Enter Judgment for Plaintiff
Syllabus. By the Court. Johnston. C. J.
1. Where the attorney general and his
assistants prosecute and secure the convic-
ton of person for the violation of the
prohibitory liquor law the county in which
the conviction is obtained becomes liable
for the fees of the attorney general and
his assistants which have not been paid
within one month after the convicted per-
son has been released from Jail whether the
release is granted by the district court
or by other authorities and whether or not
security for the payment of costs has been
given by the convicted party.
g The provisions of the parole law re-
lating to the security for and payment Of
costs by a paroled person does not operate
to repeal or amend the provisions In section
437s of the General Statutes of 1909 relating
to the liability of the county for the fees
of the attorney general and his assistants.
All the justices concurring except Daw-
son, J., who did not sit.
A true copy
Attest: n. A VALENTINE,
(Seal) Clerk Supreme Court
The Topeka state journal., 1916-12-14

No. 2O41G
The State of Kansas ex REL. Ray II. Beals,
as County Attorney, etc, Appellee,
The City of Stafford, ct al. Appellants.
Appeal from Stafford County.
Affirmed.
Syllabus BY the Court. Marshall. J.
l. After the expiration of the term at
which a judgment was rendered, and after
that Judgment has been affirmed in the
The Topeka state journal., 1916-12-14
No. 20,3J9.
James c. Case, Appellant,

No. 20,3J9
James c. Case, Appellant,
Robert Il. Yoakum, Appellee.
Appeal from Leavenworth County.
AFFIRMED.
Syllabus. BY the Court. West. J.
The petition alleged that a certain run
away over which the plaintiff was carry
ing heavy lumber was insufficient, that all
the boards were old, weather worn, rotten
and weak and not properly fastened at the
ends and were not fit or proper boards for
the purpose for which they were being
boards therein broke and the plaintiff was
precipitated to the cellar. The jury re-
turned verdict for the plaintiff but
found the sole ground of negligence that
the walk was too narrow. Held. that
judgment for the defendant in this finding
must be sustained.
All the Justices concurring.
A true copy.
Attest: ID. A. VALENTINE.
(Seal) Clerk Supreme Court
The Topeka state journal., 1916-12-14
No. 20,447.
X. W. Roger, Appellee,


The Western Silo Company, Corporation,
Appellant.
Appeal from Harvey County.
AFFIRMED.
Syllabus By the Court Marshall, J.
l. Where the petition declares on both
an oral and a written contract concerning
the same matter, and the evidence proves
an oral contract there is no fatal variance
between the petition and the proof
.. Where ambiguous expression is
used in written contract, it is proper
to show by evidence what the parties un-
derstood and intended by the expression.
and to submit to the jury. with proper in
structions, the Interpretation of the eX-
preston as used in the contract.
3. There was sufficient evidence in this
case to show that the defendants agent had
authority to contract orally with the plain
tiff for compensation for the plaintiff $
services.
T. The evidence in this case was suffi-
cient to support the verdict of the jury.
All the Justices concurring.
A true copy.
Attest d. A. VALENTINE,
(Seal) Clerk Supreme Court.
The Topeka state journal., 1916-12-14
No. 81. .023.
Olin c.. Cline, ct al, Petitioners,

No. 2I,U
Olin c. Cline, ct al, Petitioners,
W. F. Wettstein ct al. Respondents.
Original Proceedings in Mandamus.
Writ Denied.
Syllabus BY the Court Porter. J.
1. The granting of a petition calling a
special meeting of school district rests in
the discretion of the district board. (The
State V. School District. 50 Kan. 667.)
2 on March 4th, 1916, a school district
miles long and miles wide having a
schoolhouse situated at the geographical
center of the district voted bonds in the
sum of 81 600 to build schoolhouse. After
the board had let the contract for the cree
ton of the new building. purchased the
lumber and had torn down the old build
ing this proceeding was commenced to COM
pei the board to erect two schoolhouses-
Held. on the facts stated in the opinion pc
titioners are not entitled to relief, and the
writ is denied.
All the justices concurring.
A true COW -
Attest: D. A. NALENI NE,
(Seal) Clerk Supreme Court
The Topeka state journal., 1916-12-14
LEGAL.

the seller would have been a compliance
with his contract.
8. When one of the parties to a con-
tract involving a sale of grain by mistake
uses code word indicating a greater
amount than he intended, and before the
knowledge of such mistake comes to the
other party the latter has acted upon the
contract, such contract is binding accord
ing to the terms actually used by the par
ties thereto.
All the justices concurring.
A true copy
Attest: d. A. VALENTINE,
(Seal.) Clerk Supreme Court
The Topeka state journal., 1916-12-14
No. 2O,433.
A. r. Greenstreet, Appellee,

A. r. Greenstreet, AppeIIee,
vs.
Ida B. Cheatum and W II. Cheatum, APP
pellant--
Appeal from Kingman County.
AFFIRMED.
Syllabus. By the Court. Johnston. c. j.
1. If the existence of debt is conditioned
upon the happening of an event it can not
become enforceable until the event happens.
but if promise is made which constitutes
present liability and payment is post
poned until the happening of an event
which does not happen the law requires
payment to be made within a reasonable
time.
>. One person who had an interest i'll Il
residence transferred it to the other upon
the agreement that the other would pay
the former a certain sum of money, pay