davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal., 1918-07-13
No. 21,656.
Herbert G. Backman Appellee,

No. 1855.
Herbert G. Backman Appellee,
vs.
Mrs John Ash. Appellant.
Appeal from Shawnee County.
division No. -
AFFIRMED.
Syllabus. BY the Court West. J.
1. The petition alleged that the judg-
ment sued on was rendered by a justice
in an action wherein said justice Of the
peace had Jurisdiction of the subject mat
ter under the laws of the State on Missouri
and Jurisdiction of the defendant" The
answer averred that there was no statute
authorizing such Judgment to be rendered.
The reply was general denial. Held, that
in the absence of demurrer or motion to
make the petition definite and certain 1t
was proper to receive in evidence certain
statutes of Missouri authorizing the judg-
ment rendered.
2. A request for a witness to state
the fact as to a certain choice or election
did not call for hearsay opinion or con-
clusions or for evidence not the best. and
the answer that the plaintiffs attorney
elected to take money Judgment instead
of the goods levied on was not objection
able as hearsay.
8. Record examined and found to present
no material error in respect to instruc-
tions.
All the Justices concurring.
A true copy.
Attest: d. A. VALENTINE,
(Seal.) Clerk Supreme Court
The Topeka state journal., 1918-07-13
No. 21,671.
Addison d. Flynn, Appellee,


Addison d. Flynn. Appellee,
vs.
F. P. Hollenback, Appellant
Appeal from johnson County.
AFFIRMED
Syllabus. By the Court. Porter. J.
1. In order to recover exemplary
damages, it is not necessary that the petit
ton allege in many words that the
wrongful acts were committed with wan
tonness, recklessness, or malice, II the facts
stated show such gross negligence as
amounts to wantonness or a reckless dis
regard of plaintiffs rights.
.. The petition and evidence held suf
ficient to Justify an instruction submit
ting to the jury the question OF exemplary
damages.
3. Upon the facts stated in the opinion 1t
is held there was sufficient conflict in the
evidence to Justify the court in submitting
to the jury the question of probable cause
for causing the plaintiffs arrest.
exemplary damages because defendant
drove his automobile against plaintiffs
vehicle, injuring him and his property,
there was Joined a cause of action for
malicious prosecution In causing plaindffs
arrest and imprisonment on the charge of
having taken, carried away and used de-
fendant's automomible with intent to de-
prive the owner of the, temporary use
thereof. against the owners WILL (Gen.
Stat 1915. Sec. 346O) There was evidence
jury returned general verdict in plain
tiffs favor. Held, that defendant. having
failed to request findings showing upon
which cause of action the verdict was based,
tand for other reasons stated in the opin-
ion) has made no affirmative showing of
error.
All the Justices concurring.
true copy.
Attest: d. A. VALENTINE.
(Seal.) Clerk Supreme Court
The Topeka state journal., 1918-07-13
No. 21,SS1.
L. D. Cornelius, Appellant,

w.
W. e. Robson, Appellee.
Appeal from Crawford County.
AFFIRMED.
Syllabus. By the Court West. j.
Nav s. 1917, defendant resigned his office
of county surveyor end the board of county
commissioners accepted such resignation
and appointed him county engineer. The
appointment was not approved by the state
highway commission. On receiving advice
from the defendant of such resignation the
governor commissioned the PLAINTIFF county
surveyor who filed his official bond. Held
that under the proviso to section 8, chapter
264. Laws of 1917 the office of county sur
veyor became vacant and neither OF the
parties is entitled thereto.
All the Justices concurrtng.
A true copy.
Attest: D. A. VALENTINE,
(Seal) Clerk Supreme Court.
The Topeka state journal., 1918-07-13

No. 81 .629.
The State of Kansas, Appellee,
William Ewing, Appellant.
Appeal from Riley County.
AFFIRMED.
Syllabus. By the Court Burch. J.
Assignments of error relating to eyi.
dence and instructions considered. and
held to be Ill founded
Al! the Justices concurring.
Attest: d. A. VALENTINE,
(Seal) Clerk Supreme Court
The Topeka state journal., 1918-07-13
No. q, $50.
Charles Starkweather, Appellant,

No. 21 $50.
Charles Starkweather, Appellant,
G. A Dunlap and P. Ashlund, Partners,
etc, Appellees.
Appeal from Finney County.
REVERSED.
Syllabus. By the Court Dawson, j
The facts and the law concerning an
employers liability for injuries sustained
by workman who was working in a
sewer trench and who feared that a cave
in might occur but remained and worked
in the place of danger upon his employer s
assurance that the place was safe and
upon his promise that braces to insure its
safety would be forthcoming on the next
day, considered, and HELD that the case
was one for a jury's consideratio and
that an order directing a verdict was er-
roneous.
All the Justices concurring.
A true copy.
Attest: D. A VALENTINE,
ISeaLI Clerk Supreme Court
The Topeka state journal., 1918-07-13
No. 21,637.
H. P. White, Appellant,

H z. W hite, Appellant,
Huey K. Green and Frances Mae Green,
Appellees.
Appeal from Chautauqua County.
AFFIRMED.
Syllabus BY the Court Johnston. c. J.
An oil and gas lease granted to the
lessee, his heirs and assigns the right to
explore for oil and gas for a period of
five years and long thereafter as oil and
gas we're produced with the right to the
possessiOu of so much of the surface as
was needed for the laying of pipe lines,
the erection of tanks. buildings and other
structures for the production. care and
transportation of the product. the lessor to
receive one-eighth of the oil obtained and a
certain amount for the gas taken from the
premises. and 1t was provided that if well
was not drilled specified the lessee was
to pay $50 for each ninety-d period of
delay. Other stipulations gave the lessee
the right to remove machinery and pro-
vided for n surrender of the lease on GER
tain conditions. Held. that the agreement
uurports to transfer incorporeal
hereditament. and. being oral. was within
the stntute of frauds and therefore in
valid.
All the Justices concurring-
A true copy.
Attest: n. A VALENTINE.
ISealJ Clerk Supreme Court
The Topeka state journal., 1918-07-13
n. A. VALENTINE.
Clerk Supreme Court.
No. p, ,4S4.
The State of Kansas, Appellee,

No. p, ,4S4.
The State of Kansas, Appellee,
Roscoe Grggs. Appellant.
Appeal from Seward County.
AFFIRMED.
Syllabus. By the Court. Porter, J.
On the ground that the complaint upon
which the warrant was issued was sworn
to only on Information and belief. the de-
fendant filed before the justice a melton
to quash, and five minutes later gave bond
for his appearance in the district court
and was released from custody. When tn >
case was called for trial he stood upon his
motion to quash which was overruled Held,
that by voluntarily giving bond for his ap-
pearance he waived the defect in the COM
plaint. State V. Edwards, 93 Kan. sos, ia
Pac. 10O9.)
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE.
(Seal) Clerk Supreme Court
The Topeka state journal., 1918-07-13

No, 81 $50.
T. D. Hampson, Appellee,
vs..
M T. Spong. Appellant.
Appeal from Wilson County.
AFFIRMED.
Syllabus. By the Court. Burch, J:
Instructions to the jury considered and
held to be adequate and correct, and the
proceedings held to be free from error in
other respects.
All the Justices concurring.
A true copy.
Attest: D. A VALENTINE,
(Seal) Clerk Supreme Court.
The Topeka state journal., 1918-07-13
No. 21.62S.
Gilbert II. Firth, Appellee,

UIIUtIL n. T EllHl ApptIIee,
James Thompson. Appellant.
Appeal from Lyon County
AFFIRMED
Syllabus. BY the Court. Johnston C. j
l. Where parties join in a business ad-
venture of a partnership character and.
after thsv have proceeded for time and
The Topeka state journal., 1918-07-13

No. p, ,242.
The Brewster State Bank, a corporation,
Appellee,
N. " johnson, Appellant
Appeal from Thomas County.
REVERSED.
Syllabus. By the Court. West, j.
The verified answer and cross petition
averred that the rote sued on was given
for tractor on condition that 1t should
work. The evidence of the defendant on
whom the burden Of proof was placed
tended to support such averment. A de-
murrer to this evidence was sustained and
judgment was rendered for the plaintiff
without submitting the matter to the jury.
Held, error.
All the Justices concurring.
A true copy.
Attest: d. A. VALENTINE,
(Seal) Clerk Supreme Court.
The Topeka state journal., 1918-07-13
No. y .244.
The State OF Kansas, Appellee

No q ,244
The State OF Kansas, Appellee,
vs..
John Long, Appellant
Appeal from Barton County.
AFFIRMED.
Syilabus. By the Court Marshall, J
l. The evidence was sufficient to war
rant verdict of murder in the second de-
gree.
= conviction of murder in the second
degree will not be reversed on account of
witnesses not being permitted to repeat
threats by the deceased toward the de-
fendant. where the witnesses give the other
language used in the threats. repeat the
profane language, and describe the vulgar
and obscene language.
3. On the cross examination of wit
ness. 1t is not error to exclude evidence on
matters not testified to in chief, although
that evidence concerns transactions con
nected with the facts in controversy.
fusing to permit a witness to give the
substance of conversation. where the
substance of that conversation.
8. On murder trial, where the accused
testifies that the deceased had threatened
to kill him: that he believed the deceased
intended to kill him. and was trying to do
so: and that the accused was acting in
self defense, it is not error to refuse to
permit him to testify further concerning
what he believed to be the extent of his
danger
s. One who is on trial charged with
murder may show. by general reputation,
that the deceased was quarreisome.
turbulent. and DANGEROUS man. and may
show that Information of that fact had
been communicated to him: but a judg-
ment of conviction will not be reversed for
error in excluding evidence of communi-
cation of that information. where the whole
of the evidence established that the de-
fendant must have known, at the time OF
of the homicide. that the deceased was
quarrelsome, turbulent, and dangerous.
T. It is not error to refuse to reopen a
trial for the purpose of permitting the IN
PRODUCTION of evidence. where that evidence
was known to the party making applica-
ton, and no sufficient reason is given for
not introducing the evidence before the
trial closed.
g. On a murder trial, when It becomes
| necessary to permit one Of the jurors to go
| to his home, 1t is not error for the court
to strictly admonish the jurors concern
| ing their duty while the one Juror is away
| and It is not error for the court to call the
attention of the jurors to the fact that
rumors concerning their misconduct have
been in circulation.
9. There was nothing in the argument
| Of counsel to Justify a reversal of the
| Judgment.
All the Justices concurring.
A true copy.
Attest: n. A. VALENTINE,
(SeaL) Clerk Supreme Court.
The Topeka state journal., 1918-07-13

No. 1862
Westye Monson Revived in the Name of
Elizabeth Appleros, as Administrators,
etc, Appellee,
A. c. Battelle. Appellant.
Appeal from Franklin County.
AFFIRMED.
Syllabus. By the Court. Johnston, c. J..
1. The statutory provision authorizing
the filing of a petition for new trial
within one year after the rendition of
Judgment where the grounds could not be
discovered within three days after a ver-
dict, report or decision in the case was
rendered, implies the existence Of some one
that has a right to sue and some one who
may be legally sued; and where the plain
tiff who recovered a Judgment died before
a petition for a new trial was filed by the
defendant under section 30S of the civil
code. and before representative of the
estate of the decea sed was appointd, the
petition was nullity.
2. Vitality is not given to such a petition,
nor should 1t be entertained, upon the is
suance of process Hereunder and the SER
vice thereof uDon the administrator of the
estate of the deceased more than one year
after the rendition of the judgment.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
(SeaI.) Clerk Supreme Court
The Topeka state journal., 1918-07-13
LEGAL.
published in The Topeka State journal,
July 13, 1881
SUPREME COURT SYLLABI
No. 21,655.
T. NJ. Hamilton, Appellant,

VS..
The Eastern Kansas Oil Company, Ltd
Appellee.
Appeal from Allen County.
AFFIRMED.
syllabus. By the Court. Porter, ].
Error Will not be presumed, but must af-
firmatively appear. Where a review is
sought of the action of the trial court in
setting aside general verdict and render
ing judgment on the special findings, and
more of the evidence is abstracted, but on
the special findings the action of the trial
court would b. justified provided there
was no evidence of a certain character
offered, it will not be presumed that there
was such evidence.
All the Justices concurring.
a true copy.
Attest: D. A VALENTINE,
tSeaI.l Clerk Supreme Court
The Topeka state journal., 1918-07-13
No. 81, Gas.
A. F. Rudy, Appellee,

No. q, ,645.
A. F. Rudy, Appellee,
L. n. Headley, Appellant.
Appeal from Clay County.
AFFIRMED.
Syllabus. Bv the ,Cour.- Porter: j.
l. There was no abuse of discretion In
refusing to permit the jury to inspect the
defendants automobile to discover whether
it bore marks of an accident which occur
red several months before the trial.
2. The closing argument of counsel Tor
the plaintiff as to the meaning of Sec. 5O7.
Gen, Stat 1915, imposing certain duties
upon the driver of an automobile IN pass
ing another on the highway, Is held not to
be unreasonable or unfair.
3. The fact that one of the Jurors. during
a recess OF the court. went and examined
defendants car and stated in the jury room
that he found certain marks upon 1t. Is
held under the facts in this case not to
have furnished grounds for new trial.
All the Justices conc 1rring.
A true copy.
Attest: d. A. VALENTINE,
(SeaL) Clerk Supreme Court.
The Topeka state journal., 1918-07-13

No 21 .6s3
The Alton Mercantile Company, Corpora
ton, Appellant.
The Booth Packing Company, of Baltimore,
Md. a Corporation. Appellee.
Appeal from Reno County.
AFFIRMED.
Syllabus. By the Court Mason, ].
Where an order for the sale of goods on
refuses to fiji it except for cash, offering
however a discount corresponding to the
difference in time Of payment, the buyer
cannot refuse such offer and buy else
where, looking to the vendor for the differ
enee In price, where the negotiations OF the
parties subsequent to the refusal to give
credit resulted in an agreement I? All the
buyer rendered his check in exchange for
a bill of lading of the goods. the vendor
refused to shin them unless the check
should be certified.
All the Justices concurring.
Attest: u. A. VALENTINE.
tSeal) Clerk Supreme Court.
No. p $40
B. r. Abmeyer, Appellee,
The German American State Bank and
Theodore C.. Mueller. Appellants.
Appeal from Shawnee County,
division No. -
AFFIRMED.
Syllabus. By the Court Porter J.
l. 1t is one of the functions of the court
to see that trial is conducted properly
and that verdicts are returned in accord
ance with its instructions. the court Is
an obvious Misrepresentation Of the instruc-
tons
held to be supported by evidence and sur
ficient to sustain a Judgment for damages
for fraud and deceit in Inducing the plain
tiff to purchase an interest in business
of the defendants was interested as part
ner at the time the representations were
The Topeka state journal., 1918-07-13
No. p $50.
John Hoffer. Appellee,

No. 81 $50.
John Hoffer. Appellee,
The Emporia Gas Company a corporation,
Appellant.
Appeal from Lyon ounty.
AFFIRMED.
Syllabus. By the Court West J.
l. The witnesses as to value of the real
estate and trees involved were shown to be
competent to testify and no material error
arose by reason of an incorrect date used q
estimating vadlues.
2. In the light OF all the evidence It il
held that the verdict was not excessive .:
the result of passion and prejudice.
All the Justices concurring.
A true copy.
Attest: d. A. VALENTINE.
tSeal.I Clerk Supreme Court.
No. 81 .426
Andrew Miller, Appellant,
Lewis Buss ct al, Appellees.
Appeal from COwley County.
AFFIRMED.
Syllabus. BY the Court Rurch, J.
The evidence examined. and held not 40
impeach the certainty of the obligation to
pay the note sued on, but to show that
the note was executed on condition
All the Justices concurring.
A true copy.
Attest: n. A. VALENTINF,s
tSeaL) Clerk Supreme Court
The Topeka state journal., 1918-07-13


Marie Jewell, Administrative. etc.,
Appellee,
Jewell, as Administrator, etc.), Appel
lRnts.
Appeal from Shawnee County.
division No. -
AFFIRMED.
1. This action involved the right to re-
cover Tor personal services rendered by an
agent and employe for his brother, and the
jury found that an express contract had
been made for the services but that the
compensation to be paid and the times of
payment were not fixed by the agreement
Held, that the evidence was sufficient to
support the finding of the jury.
2. No time having been fixed for the term
the employe which continued until the
death of the employer, the ordinary rule is
that the statute of limitations does not be-
gin to run against claim for compensa-
tion until the services are ended, unless
there is a general custom or usage to the
contrary; and while a custom was shown
herein as to part of the services rendered,
1t is not deemed to be controlling on ac-
count of the character of the services per-
formed and the peculiar relationship that
existed between the parties to the agree
ment
3. Error by the jury in the computation
of the number of months OF service, the
value of the services per month having
been determined, and there being no sub
stantial dispute as to the period of the
services does not indicate prejudice on the
part of the jury nor prevent a correction
of the error by a remission of the excess
awarded.
All the Justices concurring.
Attest: D. A VALENTINE,
(Seal.) Clerk Supreme Court
The Topeka state journal., 1918-07-13

In re The Estate of c. E. Jewell, deceased
(Marie Jewell, as Administrative, etc-(
The Topeka state journal., 1918-07-13

d. A. VALENTINE,
Clerk Supreme Court.
The Topeka state journal., 1918-07-13

"he Central Trust Company, and IL. NJ.
Jewell, Administrator, etc.), Appel
The Chesterfield advertiser. [volume] (Chesterfield C.H., S.C.) 1884-1978, 1918-11-28
ANNOUNCEMENT FROM TEAL
LIGHT AND POWER COMPANY

We are now ready to turn on the
current, supplying Chesterfield with
electricity. We wish to state that at
the outset our service may not ap-
proach perfection because Of changes
still necessary to be made in the old
system of wiring in town, but as soon
rs these changes can be made we are
sure that the service will be entirely
satisfactory.
We have on hand complete stock of
lamps and fixtures for the public.
Anyone desiring same should call on
Mr.. w. A. Stoll, electrician.
TEAL LIGHT G. POWER CO.
The Chesterfield advertiser. [volume] (Chesterfield C.H., S.C.) 1884-1978, 1918-11-28
WHERE ARE THESE NINE?

We had a good day yesterday at
gave over one hundred dollars in
cash and pledges for Christian edu-
cation, and the brethren and pastor
say they will be able to make it one
hundred and fifty on next Sunday.
l am truly thankful for this con-
tribution.
Brethren of the Chesterfield Asso-
citation, we must succeed in raising
thc full amount of two thousand and
i:;e hundred dollars that we have
Teen asked to raise. To do this We
We want to find nine men who will
give one hundred dollars each on this
fund. Are there no; nine who will
% ;hia? Open up your heart, broth
~, and do this thing. Show your
ratrio o,ism here as splendidiy as you
have shown it toward YOU govern
ucnt.
Jus; write me, saying: "Put me
Gcwn rs one Of the nine"
There is no cause of greater i'm
portgr &C to-day nor more essential %
our denominational success thu ;
thr;s.i-n education. You cannot in
est o:e hundred dollars any where
nat vi yield larger and better divi-
Gclds man it would invested in our
young men and women. Let me hear
from y2u. The time is growing short
| in which this fund must be raised and
l am cat 70 raise the full amount.
Let's do the thing. What do you
say, you?
B. S. FUNDERBURK.
The Chesterfield advertiser. [volume] (Chesterfield C.H., S.C.) 1884-1978, 1918-11-28
Short items Of 9ocal yntereyt

Mrs. Roy Moore is visiting at
Dovesville.
Mr.. Jamie Griggs, Jr.,, was in
Wadesboro Sunday.
DR.. and Mrs. w. G. White, Jr., are
spendiag Thanksgiving With DR.. D..
H. Laney.
Mr.. and Mrs. T. T. L1cas and
family are visiting at the home of
DR.. Lucas.
Mrs. s. M. Jackson spent last week
with her brother, DIR. A. M. Redfearn,
at Clemson College.
Mr.. A. Hammond, who has been
employed on government work at
Wilmington, is home again.
Mrs. Robert T. Redfearn has
charge of the Fancy Work Depart
ment at the Chesterfield County Fair
Mr.. Sanford Griggs, of near
Wadesboro, who is in the army was
home on furlough few days this
week.
Mr.. and Mrs. J. A. Welsh are
spending Thanksgiving with their
daughters at Queens College, Char
lotte, NC.
Messrs. Clarence Catoe and L. A..
Campbell, are home from Savannah,
where they have been working with
he Terry Shi? Yards on Government
contracts.
Chesterfield Council No. ST, Junior
Order American Mechanics meets in
'egular session Saturday night at the
usual hour.
The Rev. J. II. Hildreth will
preach at tie following places next
Sunday, December 1st: Hopewcll, al
l am; Okeland, at pm; Pine Grove
at pm.
Mr.. Mott Buchanan was home a
few days last week on business. MIR.
Buchanan is employed in Savannah,
Ga, working with tire Georgia Auto
mobile Co.
The Red Cross will furnish mourn
ing bands to the wife and mother o.
soldiers who died in the service. This
band, to he worn on the arm bears a
small golden star.
AS we go to press we are assured
that the air plane from Camp Jack
son will positively arrive this (Thurs-
day. morning. A lieutenant has ar
rived and prepared for the reception n
of the plane which will fly from Co
iumbia to Chesterfield in about as
minutes. A detachment of two Off
GERS and four men will accompany
the plane.
Don't forget that victory must be
paid for, and that our war expenses
do not cease until actual fighting
ceases. Keep your war savings
pledges and buy more W.SS.
Al last report there was not case
If Flu il or around Chesterfield
though three cases are reported al
Ruby. While the danger Of spread
ng the disease is now seemingly very
slight, it is to be hoped that all those
who have been exposed to it lately
will practice a little self denial for
,he benefit of others, and remain at
home for a reasonable period.
Sheriff d. P. Douglass is able tc
be on the street again after an auto
mobile accident near Dillon last week
| The sheriff had been called to Dill
ION or the trail of the negro wanted
IN the johnson murder case. The
5heriff's car struck stump and the
the sheriff went to the hospital for
| several days before returning home
| out we are glad he is all to the good
again.
The Red Cross Booth at the Fair
| should receive the liberal patronage
of all fair attenders. There is nc
more worthy cause on the top side OF
earth for which money can be ex.
pended than that for which Red Cross
| funds are spent,
The Chesterfield advertiser. [volume] (Chesterfield C.H., S.C.) 1884-1978, 1918-11-28
FARMS FOR RENT

A Two-horse and One-horse
farm for rent; both within one-halt
mile of school at Mt. Croghan. Ap.
ply at once. Up w. M. RATLIFF
The Chesterfield advertiser. [volume] (Chesterfield C.H., S.C.) 1884-1978, 1918-11-28
FINE JERSEY BULL.

A fine Jersey Bull, entitled to re-
gister. See me about service. Farm
across indian Creek. w. w. Melton.
1t-p
The Chesterfield advertiser. [volume] (Chesterfield C.H., S.C.) 1884-1978, 1918-11-28

1t cost considerable money to send
our army, to France and it will cost
just as much to bring them home.
Your savings are still needed by
Uncle Sam-needed badly. Make
good your W.S.S. pledge and bu!
The Chesterfield advertiser. [volume] (Chesterfield C.H., S.C.) 1884-1978, 1918-11-28
WATCH FOUND

Apply to Chief of Police; describe
same and pay for this advertisement,
and your property will be returned.