davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-01-19

No. 21.221.
Lemuel Z. SnOdgrass. Appellant.

Lemuel L. SnOdgrass, Appellant
VS..
Thomas c. Snodgrass and w. J. Pirtle, APP
pellees.
Appeal from Morris County
AFFIRMED.
Syllabus. BY the Court. West, J.
1. testator who had purchased certain
land including the triangular piece in the
northwest corner of a certain section north
of a certain road devised such land to ais
two SONS, one to have the east half and the
other the west half of the entire tract, as
it was described in the deed. One of the
brothers gave a bond In the sum of $1,000 to
quiet in the. plaintiff the title to the tri-
angular strip containing I'D acres. more
or less" The testimony showed that the
defendant. Snodgrass, brought suit in his
brothers name against himself and another,
resulting in findings to the effect that in
the deed to the ancestor and in the will the
strip in question was bounded on the south
by the wrong road, leaving 46 acres be-
tween the two roads and making 49, acres
angular strip. Instead of a decree quiet
ing title to the TO- acres the obligor in the
bond rendered to his brother, the plaintiff,
a quit claim deed. he having asserted
mineral lease covering the strip in ques-
ton and other lands The plaintiff testi-
fled that he was not certain of the num-
Der of acres but he was to take whatever
number there were for the consideration
named in the bond. Held, that the court
committed materially prejudicial error
In sustaining demurrer to the plaintiffs
evidence.
. While the tender of the quit claim deed
was on condition that 1t be accepted in sat
isfaction of the bond, which condition had
10 PAOpef pIdtt III SuCu tenueE, sui the
deed itself effected the quieting of the
title in the plaintiff to all the land he
could rightly claim, such wrongful condi-
ton Is held not to have rendered the tender
void.
5. While no reformation of the bond was
sought or made In this action, defendants
were not materially harmed or preiudiced
by the fact that the trial court treated the
Instrument as If reformed, that the de
scription of the tract i'll question would cor
respond to the deed to and the will by the
ancestor.
T. As the testimony showed that the
Plaintiff is not entitled to the 46 acres
between the two roads it was not error to
reject evidence of its value evidence of
the value of the land decided in considera-
ton of the bond sued on.
All the Justices concurring
A true copy.
Attest: ID. A. VALENTINE.
(Seal) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-01-19
No. II, 80.
Michael Chilletti, Appellant,

No. u, 80
Michael Chilletti, Appellant,
Missouri, Kansas & Texas Railway Com
pany, Appellee
Appeal from Cherokee County
AFFIRMED.
Syllabus. By the Court. Porter, J.
Where a railway corporation has been
placed in the hands of receiver under an
order directing him to take into his pos
session and control all the assets and prop
erty of the corporation and to operate the
railway. service of summons in an action
against the railway corporation. upon a
receiver. and had formerly occupied the
same position for the corporation. is not
good service to the corporation.
All the justices coucurring.
a true copy.
Attest: ID. A. VALENTINE.
(Seal.) Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-01-19
ID. A. VALENTINE.
Clerk Supreme Court

No. p 252
In re The Estate of Howard w. Heiyly, In
sane emma L. Heivly, Appellant.
NJ. NJ. Miller, Guardian, Etc. Appellee.)
Appeal from Shawnee County.
division No. IL
AFFIRMED.
Syllabus BY the Court Johnston. G. !.
Following the rule stated in Roe V. Roe.
% Kan. I24. 30 Pac sos, it is held that a
judgment in divorce action. making a
division of property and reciting that it
was final and full adjustment of all prop
Is bar to recovery upon an allowance
previously made by the probate court to
the wife against the estate of the husband
for expenses that were incurred sand paid.
while the marriage relation existed and
while she was guardian of his person and
estate, and before the divorce was granted.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE
tSeaL) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-01-19
No. 21,220.
A. L. Kinkel. Appellant.

No. 81 900
A. L. Kinkel, Appellant,
VS..
Fred F. Chase and Mabel +. Chase, Appel
lees.
Appeal from Morris County.
Reversed and demanded.
Syllabus. By the Court. Porter, j.
l. The omission of the clerk to perform
the ministerial duty of recording judg-
ment does not destroy the judg ment,
nor does its validity or effect remain in
allegiance until it is formally entered on
the journal
. Judgment against the defendant in
a suit in the nature of a creditors bill will
not inure to the benefit of another creditor
of defendant who is neither party nor
privy to the judgment.
s. surety who satisfies a judgment
against his principal and files with the
clerk notice of his intention to claim re-
payment under Section 474 OF the Code,
has all the rights anG remedies of an owner
of the Judgment for the purpose of enforc-
ing repayment.
4. In suit in the nature of creditors
bill, held, that it was error for the court
to sustain demurrer to the evidence.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE.
(SeaI) Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-01-19

No. 81 ,211.
{. L. Williams, Appellee
The lola Electric Railroad ComDany Ap-
pellaEt.
Appeal from Allen County
REVERSED.
Syllabus. BY the Court. Dawson J
1. breach Of speed ordinance of a
city by an irternrban trolley car is neglig-
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-01-19
d. A. VALENTINE,
Clerk Supreme Court.
No. H. 21.
Jacob Matney, Appellee,

No. II ,221.
Jacob Matney, Appellee,
e. F. Bush. Receiver. etc. Appellant
Appeal from Allen County.
REVERSED.
Syllabus. By the Court. Dawson. J.
The Workmen's Compensation Act does
not extend to the case of a workman en-
gagged in interstate commerce who without
his employers fault is injured in the course
of his mployment.-Followi New York
Central Il. X. Co. V. Winfield. PA L. S. HI
All the Justices concurring.
A true copy.
Attest: II. A. VALENTINE
(Seal) Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-01-19

No. 21,121.
The Gate City National Bank. Appellant,
NJ. L. Greene and J. Q. Greene. Defendants,
e. r. Hepler, lnterpleader. Appellee.
Appeal from Franklin County.
AFFIRMED
Syllabus. By the Court. Rurch, J.
l. A debtor while solvent employed at
torneys to defend her sons in criminal ac-
tions pending against them. She gave
her note to one of the attorneys for their
fees and for expenses incident to the de-
Tense of the actions. and secured the note
by mortgage on real estate. The mort
gage was not sufficient security for the
note, and she procured her daughter and
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-01-19
No. 21.241.
Emma Mae Townsend, Appellee,

c. A. Seefeld, Appellant.
Appeal from Rocks County.
AFFIRMED.
Syllabus. BY the Court West, J.
1. The instructions given. none being
requested by the defendant, sufficiently
covered the issues between the parties and
fairly stated the law.
. The findings. in accordance with the
evidence of the plaintiff convicted the de-
PENDANT of such malicious and oppressive
conduct as justly to render him liable to
the imposition Of smart money.
3. The allowance of actual damages was
properly based on physical and mental suf-
fering caused by the defendants conduct
and not alone on nervous shock
{. While the plaintiff received from the
defendant no wound or bruise the resnlt
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-01-19
No. n, OF.
Charles Carter. Appell;

No. y, OH.
Charles Carter, Appellant,
lees.
Appeal from Ford County.
AFFIRMED.
Syllabus. BY the Court. Burch. ] .
1. Whenever subsequent impossibility of
meeting the conditions of contract might
readily have been foreseen by the party
obligated to perform. he will not be excused
from performance on the ground of impos-
sibility.
.. The maker of note for the debt of
another executed it on condition that he
was to pay the portion of the debt which
sale of chatte1 security lacked of paying,
and was to be responsible for that differ
ence only. After default of the principal
debtor the creditor discovered that the
chattel mortgage was void, and that no sale
could be made under it, because the proper
ty was exempt and the mortgagor's wife
had not Joined in executing the Instrument.
No sale was attempted, and the creditor
undertook to rerOver on the note. Held.
the principle stated IN paragraph 1 applies,
and the maker is not liable because the
condition of his liability has not been per
formed.
All the Justices concurrfng.
true copy.
Attest: d. A VALENTINE.
lSeal.J Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-01-19
LEGAL

of his conduct was a miscarriage accom-
panied with very severe pain. Held that
such result can not be elassed mental
suffering.
D. 1t was proper to inquire into the
financial condition of the defendant to
the end that the finding to punitive
damages might be intelligently made.
All the Justices concurring.
true copy.
Attest: d. A. VALENTINE
lSeal.l Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-01-19
II. A. VALENTINE.
Clerk Supreme Court.
No. 20,91O.
Albert Zuspann and r. u. Zuspann. Ap-
pellants,

No. 20,910.
Albert Zuspann and r. d. Zuspann, Ap-
pellants,
VS..
NJ. A. Roy and Elizabeth E. Roy, Appellees
/ Appeal from Sherman County.
AFFIRMED.
Syllabus. By the Court Marshall, J.
l. In addition for damages caused by
a breach of a warranty against encum-
brances, contained in warranty deed
where the defense is that the deed does
not express the contract of the parties.
that the warranty against encumbrances
was inserted in the deed by the mutual
mistake of the parties thereto. and that the
contract was that the grantee in the deed
should assume and pay the encumbrances
it is not error for the court to instruct the
jury that the deed is presumed to contain
the whole of the contract, but that this pre-
sumption may be overcome by evidence
which incontrovertibly establishes that a
brances was omitted by mistake. and that
the mistake was the mutual mistake of both
the parties to the deed.
.. In such an action. it is not preju-
dicial error for the court to fail to instruct
the jury that the execution of the deed
and the existence of the encumbrances are
admitted. where it conclusively appears
that neither of these facts was questioned
3. A mutual mistake in I deed conveying
real property may be shown although the
ed carefully examine it to ascertain wheth-
err it expressed their agreement.
4. A mutual mistake in a written con-
tract is one that is made by all the parties
s. If instructions, where considered to-
gether, do not appear to be erroneous. a
Judgment based thereon will not be re-
yersed.
All the Justices concurring.
A true copy
Attest: D. A VALENTINE
(SealD Clerk Supreme Court.
No. 2c,911
John No Eagan aud Bert Donahey- Appel
ices,
Percy Murray and Emery L. Moore, Appel
Appeal from Sherman County.
AFFIRMED.
Syllabus. By the Court Dawson. J.
I. Ordinarily q petition which narrates
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-01-19
No. p. 229.
e. S. Seapy, Appellant.

No. II 2Yl
e. S. Seapy, Appellant.
VS..
Il. " Smart, Appellee.
Appeal from Cherokee County.
Reversed and Remanded
Syllabus. By the Court. Johnston, c. j.
Where farm is rented on the condition
that the tenant shall pay the landlord a
certain share of the crops. and 1t is also
agreed that the landlord shall provide
cattle and hogs. the increase and profit
from them to be divided on specified
basis, and the landlord fails to furnish the
cattle and hogs in accordance with his
agreement but the tenant continues to
occupy and raise crops upon the farm after
the breach of the agreement by the land
lord. the tenant is not relieved from the
payment of rent but is entitled to recover
or recoup the damage actually sustained
by reason of the landlords default
All the Justices concurring.
A true copy.
Attest: d. A. VALENTINE,
(Seal) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-01-19
No. 81, 191.
Leonard OFT, Appellee,

No. q, 191.
Leonard OFT, Appellee.
vs.
The Atchison. Topeka & Santa Fe Railway
Company, Appellant
AFFIRMED.
Syllabus. By the Court. Burch, J.
l. In an action for damages for delay in
transporting cattle. the court instructed
the jury that if when the cattle were
rendered for shipment, the defendant knew
of conditions likely to cause delay in trans
portation. and the shipper did not, the de-
PENDANT should have informed the shipper
of the conditions in order to excuse liability
Held. the instruction stated the law, and was
appropriate to the issues.
notice of loss injury during transports
ton or at loading or unloading places on
concIuded with deIfSery. and notice ~a of
loss occurring after delivery not
necessary.
All the justices concurring.
Attest; D. A. VALENTINE, y
,Seal) Clerk Supreme Court.
No. 21.1ss
G. C. Sheahan and Mary Sheahan, APP
pellants,
The City of Kansas City, Kansas, Appellee.
Appeal from Wyandotte County.
AFFIRMED.
Syllabus. By the Court. Johnston, c. J.
tanning a demurrer to plaintiffs evidence
and giving judgment for the defendant it
is necessary that the appeal be taken
within six months after'the ruling is made
and the filing of a motion for d new trial
does not operate to extend the time for
such appeal
2. party is not entitled to new
tria, on the ground of newly discovered
evidence where the new evidence is of the
same kind and goes to the same point as
that offered on the trial.
All the Justices concurring.
true copy.
Attest. u. A. VALENTINE
(Seal) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-01-19

No. 81 25S
James n. Elliott as Administrator Appel
liant,
vs..
Sarah Baird ct al. Appeliees
Appeal from Cherokee County.
AFFIRMED.
Syllabus. By the Court Burch J.
An administrator who appeals to the
district court from an order of the probate
court, which charges him with interest on
certain funds, deducts the interest charges
from allowance of compensation prev
iously made, and directs distribution of
the estate, is required 20 give an appeal
bond.
All the justices concurring
A true copy.
Attest: u. A. VALENTINE,
(Seal) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-01-19
n. A. VALENTINE,
Clerk Supreme Court.
No. 81 ,139.
Sadie Adams, as EXecutrix, Appellee,


/. Sadie Adams, as EXecutrix. Appellee,
VS..
The lola Electric Railroad Company and
The City of lola. Appellants
Appeal from Allen County.
AFFIRMED.
Syllabus BY the Court. Burch J.
l. In an action for damages for the death
of the driver of horse, occasioned by
negligence of city in the care of its streets
and negligence of a street-car company in
the operation of a ear, the jury returned
special findings to the effect that the horse
was in the habit If taking fright at street
cars, in the habit of boiling. that the de-
ceased aware of the habit, and that
he had been cautioned about itDby acquaiut-
ances, but that the horse was reasonably
safe for use for driving where likely to
meet street cars. Held, the findings were
not inconsistent with each other nor with
the verdict for the plaintiff in the action.
when considered in the light of the purpose
of the special interrt Satories and the evil
dence bearing on the subject
,. Various assignments of error consid-
| cred. and held to be without substantial
merit.
All the Justices concurring.
A true copy.
Attest: d. A. VALENTINE,
(Seal) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-01-19
No. p, 13S.
Westye Monsoon Appellee

No. p 13S.
Westye Monsoon Appellee,
A c. Battele. Appellant
Appeal from Franklin County.
AFFIRMED.
Syllabus. BY the Court. Mason, j.
1. The question whether in injured work
man may assign Judgment under the
Workmen's Compensation Act to a trustee
for the benefit of his children considered
but not determined.
,. lump sum judgment in favor of an
injured workman under the Workmens
Compensation Act. although the statute for
bids its assignment, does not abate by his
DEATH but may be revived In the name OF
administrator.
). The evidence in an action under the
compensation statute held to support a
finding that the plaintiff was injured on
the premises where he was employed by
had overfIowed the defendants car works,
an old wound on his foot being thereby
infected, requiring an amputation.
4. Such an injury is one by accident.
within the meaning of the phrase as used
in the statute.
.. Such an injury is one arising out of
and in the course of the plaintiffs en-
ute
g. Objections to the form of a hypothet-
lsical question held not to justify reversal.
Z. The situation held not to require a
Withholding of the determination of the
case by this court to give opportunity for a
hearing on petition for a new trial.
Johnston, C. J., Burch. J., West j. Mar
Porter. J., dissenting.
A true copy.
Attest: d. A. VALENTINE. -
(Seal-) Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-01-19
FARM LOANS

FARM LOANS
FARM LOANS. and per cent Sec
Nichols Realty Co $50 Kan Ave Tel <l0
FURRIERS
John Petrzilek. the only practical furries
In Kansas. 127 W. eth st. Topeka.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-01-19
u. A. VALENTINE,
Clerk Supreme Court.


No. 21.11G
Gerald ). COburn and Il. J. Bosher, APP
pellees,
John W. Simpson. Appellant.
Appeal from Butler County.
MODIFIED.
Syllabus. by the Court. Mason ].
l. An instrument which described itself
as will testament by which the signer
undertook to will a part of his property
to his sons and the remainder ut his death
to his widow, who WIS named admin
to present grant held to have been
wholly testamentary in character. although
acknowledged and recorded and not wit
messed
. When cause was called for trial the
parties filed stipulation that certain
to Introduce further evidence being ex-
pressly reserved The plaintiffs then
moved for Judgment in their favor on the
pleadings and findings. Held that such
q motion could only be rTghtfully sustained
II the answer failed to state defense or
tanned something fatal to the defendants
recovery. For the purpose of such mo
lion the allegations of the answer unless
eontradicted by the agreed statement must
be assumed to be true, although not re-
ferred to in the stipulation.
3 The answer although characterizing as
a deed the instrument described in the
foregoing paragraph number one, and re-
lying on it as conveying title to the land
therein referred to, held to have also pre-
scented the issue of the passing of title by
an oral gift. followed by possession and
lasting and valuable improvements.
All the Justices concurring.
true copy
Att,st: u. A VALENTINE.
ISeal.l Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-01-19
No. 21.5Sti

No. 81 $50
The State of Kansas, ex rel. Herbert f.
Ramsey, County Attorney of Reno
County, Kansas, Plaintiff
The City of Hutchinson and Clay Town
ship, Reno County, Kansas. defendants.
Original Proceeding in Quo Warranto.
Demurrer to Petition Overruled.
Syllabus. By the Court. Mason, J.
L. The state may maintain quo warranto
against a city for the purpose Of deternin-
ing It's tTpe boundary. where it's fault eon-
nis.5 ia copf:niDg its territorial iurisdic-
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-01-19

o.. .
We. the undersigned. President and Sec
rotary of the Shawnee Building and Loan
Association. do hereby certify that the
above is true and correct statement Of
the condition of said association at the
close of business December 81. 1917.
H. +. GUTHRIE. President
V. i. HILLHOCSE. Secretary.
Subscribed and sworn to before me a
Notary Public this 18th day Of January.
1918.
NORA G. BAILEY
tSeaD Notary Public.
(My commission expires Nov. n 1897
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-01-19
u. A VALENTINE.
Clerk Supreme Court.
No. 21.1S1
NO u. lS1-
Leon Broquet, Appellee.

VS..
William n. Mosier and Katie J. Mosier,
Appellants.
Appeal from Rawlins County.
AFFIRMED.
Syllabus. BY the Court Marshall T.
I. In a foreclosure action, the district
~-Ert has jurisdiction to render Judgment
~ default. on personal service without
the notes and mortgage sued on being filed
with the clerk or presented to the court.
. 1t is not a fraud on the defendants
tn foreclosure action. for the plaintiff
90 fail to file with the clerk to present
to the court the notes and mortgage sued
on. or to Introduce any evidence in sup
port of the petition. where personal service
has been made and Judgment is rendered
by default.
All the Justices concurring.
A true copy.
Attest: d. A. VALENTINE,
(Seall Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-01-19
No. 21,164.
T. J. Ridgway, Appellee,

No. p ,164
T. J. Ridgway, Appellee,
George wetterhold, Appellant.
Appeal from Sedgwick County.
division No. L.
Appeal Dismissed.
Syllabus. By the Court. Porter. J.
1. An action by the owner of a
patent to recover upon an implied contract
Of defendant to pay him the reasonable
value Of the use. with the plaintiff s sknowl-
edge and consent, of the patent invention is
not action for the infringement of the
patent, and the state courts have jurisdic
ton, Notwithstanding the answer pleads the
invalidity Of the patent as one of the de-
lenses.
?. The district court having Jurisdiction
of the cause and the amount being for less
than 500, the appeal is dismissed.
All the Justices concurring.
true copy.
Attest. d. A. VALENTINE,
(Seal.) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-01-19

No. II 1Sc.
David Il. Neil, Appellee.
John p. Stuart, ct al. (Andrew Neil and
Lula Keith Cooksey, AppeIlees), Appel
lants.
Appeal from Republic County.
MODIFIED.
Syllabus By the Court. West, J.
l. The will involved herein devised the
testatriX's property to her husband for life
and provided that at his death 1.-The proper
ty is to be sold and divided as follows
Among my Brothers & Sisters children
and David r. Neil and Andrew Neil, also
Lula Keith equally
Held that the three persons last named
take equally with each of the nephews and
nieces per capita.
2. 1t vas not error to exclude evidence
of statements made by the testatrix to the
scriyener that she wanted each Of the
devisees to share equally with the others,
Johnston, c. J., Burch, j., Mason, j.,
Porter, J., and Marshall, J., concurring.
Dawson, J., dissenting.
true copy.
Attest D. A. VALENTINE,
(Seai.) Clerk Supreme Court