davidaulloa/AmericanStories huggingface dataset:
The Tucumcari news and Tucumcari times. [volume] (Tucumcari, N.M.) 1907-1921, 1917-03-15

seemed haunting and driving him
could never be carried out in the mood
under which he lnhored. He hung on
To that thought. Several times he
slowed up, then stopped, only to go on
again. At length, as he mounted n
low ridge, Fuirdale lay bright and
green before him. not far away, and
the sight was Il conclusive check.
There were mosquitoes on the ridge.
ana Dunn" sought the shade beneath
them. II was the noon.hour, with hot.
glary sun and no wind. Here Duane
had To have Out his fight. Duane was
utterly unlike himself: he could not
bring the old self back he was not
the same man he once had been. But
he could understand why. II was be-
cause Of Ray Longstreth. Temptation
nssalied him. To have her his wife :
II was impossible. The thought was
i~nsldlouSly nlluring. Duane pictured
n iomc. He saw himself riding through
he cotton and rice and cane, home 10
n stately old mansion. where long.
cared hounds baycd him welcome,
and n woman looked for him md met
him with happy and beautiful smiles
There might-,here would he children.
And something new. strange. con
founding with it's emotion. came TO life
deep in Duanc's heart. There would
b" children, Ray their mother, The
kind of life o lonely outcnst always
ycarned for and never had, lie saw
1t all, felt II all.
But beyond and above nIl other
claims came Captain MacNelly's. II
was then there was something cold and
deathlikc In Duane's soul. For he knew
whatever happened. OF n thing he
was sure--he would have to kill either
Lon. streth or Lawson. Longstreth
might be trapped into arrest but Law
son had NJ sense, no control, no fear.
He would snarl like a panther and go
for his gun. and he would have to be
killed. This, Of all consumniatlons, was
the one TO be calculated upon.
Duane came out OF II all bitter md
cnllous and sor-in the most fitting Of
moods TO undertake n difficult and
deadly enterprise. lie had fallen upon
his old, strange. futile dreams, now
rendered poignant by reason Of love.
lie drove away those dreDms. In their
place came the images OF the olive
skinned Longstreth with his sharp
eyes, and the dark. evll-faced Lawson,
and then returned tenfold more thrill
Ing and sinister the old strange pas
sion to meet Porgln.
II was about one o'clock when
Duane rode into Fnirdnle. The streets
for the most part wcr. deserted. lie
went directly 10 find Morton and Zim.
mer. He found them ut length, rest.
less, somber, anxious. but unaware Of
the part he had played Mt Ord. They
said I.ongstreth was home too. II
was possible that Longstreth had ar.
rived home In ignorance.
Duane told them To be on hand In
town with their llcn In case he might
ned them, and then with his teeth
locked he set of for Longstreth's
ranch.
Duane strobe through the bushes
and trees, and when nearing the porch
he heard loud, angry. familiar voices
Longstreth and Lawson were quarrel
ing again. How Duane's lucky sta
guided him lie had no plan for &c
ton but his brain was equal to 4
The Tucumcari news and Tucumcari times. [volume] (Tucumcari, N.M.) 1907-1921, 1917-03-15
CHAPTER XIV.

Duane returned 10 Falrdaie and
rnmp, j In the mesquite TN the twenty
third II the month. The few days
seemed endless. All he could think
OF was that the hour In which he must
disgrace Ray I.ongstreth "A slowly
bat inexorably coming. In that wait
ingr time he learned what owe was
ard also duty. When the day at last
dawned he rode Ike one possessed
down the rough slope, hurting stones
and crashing through the bush, with q
The Tucumcari news and Tucumcari times. [volume] (Tucumcari, N.M.) 1907-1921, 1917-03-15
lame Performances.

"Did the speaker make much of an
impression on your"
"No."
But l understood he threw some
mud"
well, II he did, II was free from
bacteria and guaranteed not TO soil the
Observation-Disclosures Age-HeraId
The Tucumcari news and Tucumcari times. [volume] (Tucumcari, N.M.) 1907-1921, 1917-03-15

he'll live up to the conditions. He's
to leave Texas never to return. Ches-
cldine has been n mystery, and now 1t
II fade"
A few moments later Duane follow
ed MacNelly to a large room, like u
hall, and here were men reading and
smoking. Duane knew them
rangers
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-10-13
LEGAL.

levied on the lots and pieces of ground
along said street, on either side thereof
to the same distance on either side of said
street as the levy is made when the street
to be improved runs through plated
ground" the distance to the center of the
block each side of the street regulates
the distance to which the unplatted
ground on that side OF the street is to be
assessed.
. The fact that the blocks on opposite
sides of the street are of different depth,
as a consequence of which the unplatted
ground on one side is assessable for a
greater distance than on the other, does
not render the statute construed,
obnoxious to the 14th amendment to the
federal constitution.
3. The mere fact that tract of ground
lies within a city, and is surrounded on
all sides by streets, does not require it to
pose Of levying assessments for the pave
ment Of one of the streets.
4. The fact that a part of an otherwise
unplatted tract has been plated into lots
which do not abut upon the improved
street, does not exempt 1t from contribut-
ing to the cost of a pavement, where Its
distance from the street is less than the
distance from the street to the center OF
a block on the same side of the street,
which abuts on the Improvement.
>. No tender is necessary to enable a
lection he may urge against the validity
of a special assessment, or any part OF It,
where one of his contentious is that the
entire charge is void.
All the Justices concurring.
A true copy.
Attest: d. A. VALENTINE.
(Seal.) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-10-13
LEGAL.

truth of the attachment affidavit and tnf
propriety of the attachment.
L. Facts pleaded in a petition TO yacatt
a judgment examined and held insufficlenl
misfortune preventing the party from de,
Tending" within the meaning of section 90
of the civil code.
B. < litigant ordinarily cannot main
tain an action to vacate "a Judgment on the
ground of unavoidable casualty or mis-
fortune" where he was grossly negugeni
and inattentive to his lawsuit during III
entire tendency and for nearly three
months after judgment by default was
rendered against him.
g. The power of the trial court to ,vacats
Judgment before and after the expiration
of the term of court discussed.
All the Justices concurring.
true copy. -
Attest: ID. A. VALENTINE,
(Seal.l Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-10-13
LEGAL.

No. p, 512.
The State of Kansas, ex rel. S. NJ. Brews-
ter, as Attorney General, etc., PLAINTIFF.
E. A. Stewart, ct al, as The Board of
County Commissioners of the County of
Chase, Defendants.
Original Proceeding in Mandamus.
Writ Denied.
Syllabus. BY the Court Johnston, c. j.
Chapter 16S Of the Laws of 1917 direct
ing county commissioners to compel pris-
oners to work on streets, highways, poor
FARMS or public works, under certain cir
cumstances, does not violate either sec
ton of article 6 or section 1 of article IL
of the constitution of this state.
All the Justices concurring.
A true copy. -
Attest: n. A VALENTINE,
(Seal.) Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-10-13
SUPREME COURT SYLLADI
No 2O.6O5
Welsbach Street Lighting Company, Appel
liant.
VS..
City of Wichita, Kansas, Appellee,

NO. ZO6O0.
welsbach Street Lighting Company, Appel
liant.
City of Wichita, Kansas, Appellee.
Appeal from Sedgwick County
First Division.
REVERSED.
Syllabus. By the Court. Dawson, J.
l. A waiver of contract right implies
a voluntary and intentional renuneiation
Of 1t, and some positive act or positive
inaction inconsistent with the contract
right is necessary to create a waiver.
2. Where the element of estoppel is in
thse must be some %iful @isrepresegt
ton or fraudulent conduct tending to mis-
lead or prevent the other party to the
to do to protect its rights.
8. The plaintiff company made a con-
streets For the term of five years, from
the first day of July, 1905; it being mutu-
ally understood that this contract shall
other sixty days before its expiration"
the contract. The defendant city sought
notice by the following Incidents: (2) an
unaccepted proposition offered by plain
tiff suggesting changes and economies in
the city's lighting system and an unac-
tract; OBJ the drafting of a proposed but
unadopted lighting ordinance by plain
tiff's attorney at the suggestion Of city
commissioner and pursuant to an agree
ment at a conference in the mayors office; ;
(c) the PLAINTIFFS participation in COM
petitive exhibition of street lighting sys-
tenn at the eity;s invitation which recited
that the city's street lighting contracts
ticipation in competitive bidding for a new
contract for street lighting; ,tel a volggn-
tary, unauthorized statement by plaintiffs
attorney (and unaccented by defendant)
that II new contract were awarded to
another lighting company the plaintiff
would continue its lighting service until
the new company's lighting system was
do not establish a voluntary and inten-.
Iional waiver of plaintiffs contract right
to an official 60 days notice to terminate
its existing contract, and that these in
cidents did not mislead or prevent the city
from giving the requisite notice, and do
not estop the plaintiff to recover on its
contract for services to the city, and for
the city's breach of the contract.
Burch, J., Porter, J., West, J., and Mar
shall, J., concurring.
ing.
A true copy. -
Attest: D. A VALENTINE,
tSeal) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-10-13
FOR EXCHANGE.

~ @~~~~-~~~~~
EXCHANGE-2OO acres good farm land in
Polaskia Co, Mo, 80 miles south of JEFF
ferson City. Price $50 per acre, clear, want
small tract or property here. A. L. Fur
man, Topeka. Kan, log West Sth.
SUBURBAN.
Improved or unimprOved suburban tracts
for city rentals or western Kansas.
HARTMAN & JENKINS
S34 Kansas Ave, Topeka. Phone 1345.
HOMESTEAD REIMBURSEMENT in Decatur
Co.. Kansas, to trade for automobile.
Wilson, 217 w. 9Th st.
HOUSE TO TRADE for good automobile.
Wilson, 217 West 9Th st.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-10-13
No. 21,079.
Catherine Mulcahy, Appellee,

No. 81 079.
Catherine Mulcahy, Appellee,
The City of Moline, Elk County, Kansas,
Appellant.
Appeal from Elk County.
AFFIRMED.
Syllabus. By the Court Dawson, ].
l. Within the duration Of a term of
court, the trial court or judge has power
to vacate an order or judgment Diminishing
an action at plaintiffs cost and may order
the cause reinstated and grant time to file
amended pleadings-
?. on appeal, where the validity of the
judicial acts of trial judge at chambers
depends upon whether they were des
patched within the duration of a term Of
court, 1t will be presumed in the absence
Of proof that the judicial business in
question was transacted before the term of
court was formally adjourned.
8. Whatever judicial business a district
judge may transact at chambers may be
so done although at the time he is formally
holding court at a regular term in another
county of his judicial district
All the justices concurring-
A true copy
Attest; d. A VALENTINE,
(SeaLl Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-10-13
No. q, 0S2
The State Bank of Abbyyille, Appellee,

No. Il UaZ.
The State Bank of Abbyyille, Appellee,
VS..
N Fl. Jeltz. ct al, Appellants.
Appeal from Reno County.
AFFIRMED.
Syllabus By the Court. Burch, ].
L If a person placing his name OF, a
promissory note do not clearly indicate by
appropriate words an intention to be
bound in a special capacity, and sign as
maker, his liability to the holder is that of
maker, although his relation to a co-maker
be that Of surety.
.. BY making a promissory note the
maker engages TO pay 1t according to its
tenor, and he is not interested in the man
ner in which the proceeds of chattel Sc
note and other Indebtedness of the CO.
maker, are applied.
All the Justices concurring.
A true copy. -
Attest: ID. A. VALENTINE,
(SeaL) Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-10-13
No. 1,030.
Josie Turner, Appellee,

No. 2l,OJ
Josie Turner, Appellee,
NS.
The State Bank of ottawa. Appellant
Appeal from Franklin County.
AFFIRMED
Syllabus. BY the Court. Burch. J.
A grantor conveyed by deed containing
full covenants of warranty strip Of
ground two rods wide and forty rods
long, described as Eastabrook street The
land constituted a public highway, by
dedication of former owner and accep-
lance and use by the public. Held, the
grantee was entitled to recover the value
of the land in an action for breach of the
covenants contained in the deed.
Ali the Justices concurring.
A true copy.
Attest: u. A. VALENTINE,
(Seal) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-10-13

NO. ZI,U44.
The Eastern Kansas Oil Company ct al,
Appellees,
VS..
Victor Beutner ct al, Appellants.
Appeal from Allen County.
REVERSED.
Syllabus. BY the Court. Marshall, J.
l.. A nonresident trustee in bank
ruptcy, appointed in this state, is exempt
from service of summons while he is
within the state for the sole purpose of
selling property under an order of sale
issued by the referee in bankruptcy.
2. Until final judgment has been rem
dered in an action, an appeal will not lie
to reverse an order refusing to set aside
the service of summons.
All the Justices concurring.
A true copy.
Attest: d. A. VALENTINE,
(SeaL) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-10-13
No. 81 ,0s9.
Mary Z. McPherson. Appellee.

Ford r. Harvey and Robert T. Durham,
Receivers of The Metropolitan Street
Railway Company and The Kansas City
Elevated Railway Company. Appellants.
Appeal from Wyandotte County.
Third Division.
AFFIRMED.
Syllabus. BY the Court Marshall. y.
After final Judgment has been rendered
In action, the sheriff's return on a
notice Of attorneys lien. given at the com
mencement OF the action, may, on the ap-
plication of the sheriff. be amended so as
to make it speak the truth concerning the
service of the notice.
All the Justices concurring.
A true copy.
Attest: -. A VALENTINE,
(Seal.) Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-10-13
No. 21.0S1.
L. b. Davis, Appellant.

No. q 0S1.
L. b. Davis, Appellant.
NJ. f. Keynes, Appellee.
Appeal from Rush County.
AFFIRMED.
Syllabus By the Court Johnston, C. j.
The decision of the trial court that the
defendant, who had previously been a
resident Of another state, had effected a
change of residence in coming to Kansas,
held to be conclusive upon this court in
view of his oral testimony that he came
here with that intention.
All the Justices concurring.
A true copy.
Attest: d. A. VALENTINE,
(Seal.) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-10-13
No 1,043.
Iona Hopson, Appellant,

The Union Traction Company, Appellee.
Appeal from Montgomery County.
AFFIRMED.
Syllabus. By the Court. West, J.
I. No material error was committed
In refusing to require more definite an
swers to certain questions propounded to
2. The findings of the jury as to the
plaintiffs claim that she was thrown down
in the defendants car examined and not
deemed sufficiently inconsistent or con-
Trajectory to the evidence to warrant a re-
versal
8. In the instructions given the concrete
claims of the plaintiff were sufficiently set
forth to give the jury proper understand
ing of the issues to be tried. hence it was
not error to refuse instructions stating the
claimed facts still more in detail.
T. An expression in an instruction that
where both parties are careless neither can
recover from the other on account thereof,
construed with the foregoing portion of
such instruction and held to mean that the
carelessness of the plaintiff in order to
preclude recovery must have materially
contributed to the injury.
D. Evidence of exclama lions of pain was
excluded but the error, II any. can not be
considered because there was no showing
on motion for rev trial as to what such
evidence would have been.
8. Certain physicians in testifying con-
corning examinations of plaintiff made by
them and their opinions derived therefrom
were permitted to say they believed she
was shamming. Held, that while such evil
dence should be viewed with strietness and
caution its reception in this case was not
error
Z. The same rule as to starting or stop
street car and reaching seat does not
necessarily apply as in leaving such car.
Neither is it necessarily culpable negligence
as a matter Of law to start a car before a
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-10-13
LEGAL

made, it was not error to refuse an in
struction that such a recovery could not
be based on a finding that the statement
was not made, but that words were spoken
which the person addressed believed with
good reason were intended to be so under
stood.
All the Justices concurrinR
A true COPY.
Attest d. A. VALENTINE,
lSeal- Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-10-13
LEGAL.

passenger thereon has reached what is
termed place of safety, the rule govern
ing such instances being dependent on the
facts of each given case.
Johnston, c. j., Burch, j., Mason, J.,
Porter, J., Marshall, j., and Dawson, j.,
concurring.
West, j., dissenting.
A true copy.
Attest: d. A. VALENTINE.
(Seal.) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-10-13
D. A. VALENTINE,
Clerk Supreme Court

No. p, 029.
The international Harvester Company of
America, Appellant,
VS..
The Franklin County Hardware Company
ct al, wv. L. Delano and Mrs. Ella
Hanna, Appellees)-
Appeal from Franklin County.
AFFIRMED.
Syllabus. BY the Court. Johnston, c. ].
l. Where one assuming to have knowl-
edge of the facts induces the director of a
corporation to sign a note by false state
ments regarding its business, a defense to
the note on the ground of such fraud is not
rendered unavailable to the signer by con-
structive knowledge of the cOmpany's
transactions imputable to him as one of
it's officers.
>. Although one or the persons alleged
to have been defrauded did not testify to
the making of the false statement relied
upon, that omission was supplied by other
testimony, and there was room for an in
ference that he was influenced thereby.
3. Where a creditor, for the purpose of
inducing a director to sign the note of
corporation. falsely represented to him
that the note was secured by assets in the
hands of the corporation sufficient to meet
it. the fact that the director relied upon
the statement without further inquiry is
not fatal to defense based the fraud.
4. Where the jury were instructed that
d recovery on the ground of fraud could
be had only if certain statements had been
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-10-13
No. 21,20S.
The State of Kansas, Appellee,


The State of Kansas, Appellee,
VS.
Robert Graham, Appellant.
Appeal from Shawnee County.
First Division.
AFFIRMED.
Syllabus By the Court. Marshall, J.
l. Under the circumstances disclosed in
the opinion, it was not reversible error for
the court to refuse TO grant a new trial,
asked on the ground of newly discovered
evidence.
2. 1t is not reversible error for the court
to withdraw from the consideration of
the jury, all admissions made In a con-
Versauon between opposing counsel while
attempting to agree on the evidence of
witnesses who have been subpoened, but
who have failed to appear, where no agree
ment is reached and there is no applica-
tlon for continuance on account of the
absence of the witnesses, aud no effort is
made to compel their attendance.
j. The circumstances disclosed in the
second paragraph of this syllabus do not
compel a new trial on the ground of acci-
dent and surprise.
All the Justices concurring.
A true copy.
Attest: d. A. VALENTINE,
tSeGl) Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-10-13
No. 81, 046.
John Garvin, Appellant,

No. 81 ,046.
John Garvin, Appellant,
VS..
George Davidson, Appellee.
Appeal from Stafford County
AFFIRMED.
Syllabus. BY the Court. Dawson, j.
The evidence, instructions special find
ings and judgment in action to recover
the agreed price of a farm tractor etc.
on conditional sale examined and no
prejudfcial error found therein.
All the Justices concurrinR.
A true copy.
Attest: D. A. VALENTINE,
(Seal.) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-10-13
No. 21.n6S
No. N,U6S
The Mcpherson Mercantile Company, q cor
poration, Appellee,

No. q O6S
The Mcpherson Mercantile Company, q cor
poration, Appellee,
The Reliance Insurance Company, of
Philadelphia, a corporation. and AgFicul-
tural Insurance Company, a corporation,
Appellants.
Appeal from Mcpherson County
AFFIRMED.
Syllabus. BY the Court. West J
l. When the agent of the insurer issuing
a policy containing the standard clause
against concurrent insurance, unless by
agreement added or Endorsed, knows that
the insured has and will desire to carry
other insurance on the property and instead
of agreeing with him as to a limit such
agent without the knowledge or consent of
the insured attaches a slip fixing Il limit,
the policy should be construed and If neees~
sary deemed reformed so as to provide
generally for additional concurrent insur-
ance.
2 A policy containing or deemed reform
ed as to contain such general clause pre-
cludes the defense that subsequent insur-
ance taken out without notification to
the insurer such general clause importing
until withdrawn a continuing consent to
additional concurrent insurance.
Johnston, c. j., Burch, j., Mason j., Mar
shall, J. and Dawson, j., concurring.
Porter, J., dissenting.
A true copy.
Attest: d. A. VALENTINE,
(Seal) Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-10-13
d. A. VALENTINE,
Clerk Supreme Court.
No. 21,064.
G. NJ. Freeman, Appellee,

No y, O64-
q. NJ. Freeman, Appellee,
The Missouri Pacific Railway Company,
Appeal from Ellsworth County.
MODIFIED.
Syllabus. By the Court. Porter, J.
L. Three separate actions against the
same defendant brought In the justice
court, each for less than 500, were appeal
ed by the defendant to the district court,
were consolidated and tried as one alfd
Judgment rendered in PLAINTIFFS favor for
made no objection to the consolidation of
the actions for the purpose of trial, 1t is
too late to urge that this court has no
iurisdictiop. on the ground that there are
three separate actions, each for less than
2. In an action to recover damages for
injuries to cattle escaping from a pasture
by reason of a defective cattle guard main
ant the D piaintiff proved sixteen separate
escapes of the cattle and recovered dam
ages of $1.00 per head for each time they
escaped and for the cost and expenses of
returning them to the pasture. Held,
that the doctrine that one who is injured
ages to accrue and recover them from the
wrongdoer, when at slight expense he
Kirkpatrick. 80 Kan; SO, 1876 Pae. SD did
aaaP PfgaS psGt a to tx the cattle de
guard after defendants refusal to comply
with his request to repair 1t, nor require
plaintiff to employ herder to prevent
the cattle from escaping until such time
as the defendant would repair the cattle
guard.
5. In the action described in the fore
going paragraph the plaintiff was not en-
titled to recover expenses incurred in GO
ing to and from his residence, which was
five miles from the pasture, in order to re-
turn the cattle.
All the justices coueurring.
A true copy.
Attest: d. A. VALENTINE.
(Seal) Clerk Supreme Court.