davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-11-16
LEGAL


the shipper as well as actions TO recover
for injury to the stock shipped.
2. The fact that there was included IN
the contract nonenforceable provfHon re-
ence. did mot destroy the entire contract
nor invalidate a provision relating to the
time within which actions must be brought
upon the r.. contract contract,
Attest: d. A. VALENTINE.
(9eal.) Clerk Supreme Court.
No. Fl, 439.
The Acme Iron Company, Appellant, :,
vs..
The Henneberry Company; Appellee !
REVERSED.
Syllabus By the Court. Dawson, i
i. Where machinery was purchased upon
written contract providing for sixty
machinery was satisfactory the purchaser
would honor a sight draft for the price IN
sixty days from the installation OF the
chinery was not satisfactory the purchaser
would notify the seller In writing so t:.-.r
the latter might have an opportr~-.ty to
make II satisfactory. ana wnere no intins1-
the sixty days. the obligation to pay be-
came absolute, and an extension Of time for
trial test could only be effected by d
further agreement between the parties
2. request for further time 10 make
trial test of the machinery. written after
the period for trial test had expired. can
| not be construed az a notice Of dissatisfac-
ton.
s. The controlling facts examined and
held to require that judgment for PLAINTIFF
All the Justices concurring.
Attest: D.A. VALENTINE.
(Soal) Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-11-16

No. 81 1888
The State Of Kansas, Appellee,
Julian Coyle. Appellant.
Appeal from Scott County.
AFFIRMED.
Syllabus. By the Court Dawson, J
The evidence examined and held suf-
ficiept to support a conviction for assault.
All the justices concurring.
true copy.
Attest: D. A VALENTINE,
(Seal) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-11-16
Nd. q, S94.
The State of Kansas, Appellee,

Nd. p ,Sc4.
The State of Kansas, Appellee,
VS.,
Frederick Shumaker, Jr., Appellant.
Appeal from Nemaha County.
AFFIRMED.
Syllabus. BY the Court. Marshall, j
1. A blacksmith shon is public place
within rha meaning Of Section S106 OF the
General Statutes Of 1915.
2 The language quoted in the fnforuaa,
ton set out in the opinien, when used
concerning the United States flag, casts
contempt on that flag.
3. ON trial under an information
charging the public use of language cast
ing contempt on the United States flag. evil
dence may be introduced to show the
previous use of other language expressing
contempt of that flag.
f. A Judgment will not be reversed for
alleged error in rejecting evidence where
there is nothing to show what the rejected
evidence was.
5. 1t was not error for the court to in
struct the jury that the use of the Ian
guage charged in the information con-
stitutes a violation of Section 3706 OF the
General Statutes Of 1915.
All the justices coneurring,
A true copy.
Attest: d. A. VALENTINE,
(Seall Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-11-16
LEGAL

|
is not prevented from being a holder IN
due course by the knewlsage s az 'he paSee.
tnare nav before the note natures, aI'se
a setoff or counterelaim in favor OF 'Ae
maker. no. violated the
provisions Of the statute pro cnrnoration
q its ea apdaiab stee to %
SUI is snea by the bank upon prom,s-
sorry note. %.r,,ars, notes be-
fore maturity which it knew were g gig 'n.
in payment Of premiums-on ponic Ice Under
the the makers wSu tae h nose Thc
insuroy,ce Company was insolvent when tne
notes were exeegted Held. on s snf
evidence to support finding tna "a AM. INV
hank purchased without notice OF Any
in Iohnsion. &. J., Burch, J., Mason, J.'
Vest r.. and Marshall, j = concurfine.
Dawson, J., dissenting.
A.t9.t. WYE n. A. VALENTINE,
SeaII Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-11-16

No. 21,7G3.
The State Of Kansas, on relation Of Cecil
Brown, Appellee,
Paul Lyons, Appellant.
Appeal from Douglas County.
AFFIRMED.
1. On the facts stated in the opinion,
held. in bas-ardy proceeding. 1t was not
error to refuse instructions that the period
of CESSATION Is $50 days; that the inter-
course must have occurred on cert1fn
date. that if defendant had shown by a
preponderance of the evidence he was
somewhere else On the date fixed by the
relatrix. then the verdict must be in ms
favor; that if the jury should find the evil
Child. they Should find in his favor.
2, The record fails to sustain the con-
tention that defendant was denied an OPP
portunity to show an Interior motive act
Mating the relatrix in charging him with
being the father Of her child.
3. In a bastardy proceeding where the
child was three and a half months old al
the time of the trial. held, following Stare
ex rel; v. browning. 96 Kan. $40, 152 rac
672l that there was no error in refusing
an instruction that the appearance and re-
semblanee of the child to the defendan!
should not be considered in determine &
was not prejudfced by failure to sustain
an objection to certain remarks made by
ment. with respect to the resemblance be-
tween the child and defendant.
4. The defendant in a bastardy proceed.
Ing, who was under II years OF age at
for the appointment Of a guardian ad Iitem
He was represented by. able counsel and
his parents who were present in court
Held. that the record discloses no error IN
falling to appoint a guardian ad litem.
O. Chapter 1S4, Laws Of 1917, 'extend-
ing the period OF minority in males and
females to twenty-one years" did SIot
change the status If one who had already
reached the age Of majority under the
All the justices concurring.
A true copy.
Attest: DA VALENTINE
(Seal) Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-11-16
LEGAL,

IPublished In The Topeka State Journal
November 16, 1851
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-11-16
No. 22,O31.
5. r. Headriek, Appellant,

No. %, 031.
s. r. Headriek, Appellant
vs..
Phil J. Price, Appellee,
Appeal from Jewell County
REVERSED.
Syllabus. BY the Court Moson
=. Cnder the statute requiring that at least
three days before the Commencement of an
action Tor forcfble entry and detaiuer a
notice to leave the premises shall be served
such notice is not rendered Intellectual
py the fact that 1t Is served before the
time for the vacation of the premises
such as to allow him a three days oc-
cupancy after the expiration Of his lease
All the justices concurring.
A true copy.
Attest: d. A. VALENTINE,
(Seal-) Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-11-16
d. A. VALENTINE,
Clerk Supreme Court

No. 22,123
The state OF kansas, ex rel. S. M, Brew
ster, as Attorney General, etc. Plaintiff
vs.
Eta NJ. Covell, as City Clerk of the CITY of
Topeka, Defendant
Original Proceedings in Mandamus
JUDGMENT FOR PLAINTIFF.
Section 1 Of Art. OF the state con
situation which defines the qualifications
OF electors, and which provides that aliens
possessing certain qualifications as to
residence, who shall have declared their in
tention to become citizens conformably to
the laws of the United States on the sub
ject Of naturalization, shall be deemed
qualified electors. was not intended to and
does not include or apply to alien enemies
war with our country. although they have
previously declared their intention to be-
come citizens are lot entitled to vote at
the coming general election
All the justices concurring.
A true copy.
Attest: d. A. VALENTINE
(SealD Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-11-16
No. 81 quo.
Eva Donaldson, Appellant,

No. 81 ,6U9.
Eva Donaldson, Appellant,
John Brewer, Appellee
Appeal from Cheyenne County.
AFFIRMED.
Syllabus By the Court Johnston, c. J.
]. On the question involved, did the
plaintiff herein deliver to the defendant a
deed purporting to convey tract of land
with the intention that It should become
effective a present conveyance, the trial
court found that there was a delivery and
it is Held that there is sufficient evidence
to uphold the finding.
g. Where there is a complete delivery Of a
deed by grantor the fact that the grantee
subsequently handed the instrument back
should try to obtain the signature uf
another person who had an interest in the
land. did not defeat the delivery already
made nor operate as a surrender OF the
title trapsferred.
All the justices concurring.
A true copy.
Attest: d. A. VALENTINE,
(SeaL) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-11-16
No. 21,473
Harry A. Thacker, Appellant,

Harry A. Thacker, Appellant,
Nate Smith. Appellee.
Appeal from Montgomery County.
AFFIRMED.
The plaintiff. defendant and three others
including the deputy sheriff entered into
mItua, agreement 3 earn and divide
and conviction of the persons guilty Of a
certain murder, and succeeded In bringing
about such arrest and conviction. cousid-
county where the crime was committed and
OF which the officer referred to was deputy
sheriff: The defendant collected more than
Yves brought BY nnother Of the group Of
claimed b. The plaintiff. Held; that q. the
any df such reward the division agreement
was void and indispensable. and the plaintiff
Ali the justices coneurrins.
Attest: d. A. VALENTINE,
(Seal.l Clerk Supreme Court
No. s1.s24.
Appellant,
The First National Bank Of Sedan, Kansas,
Corporation, Appellee.
Appeal from ChaStangua County.
Syllabus. ny the Court. West, J.
/. 1t is the duty of bank accepting the
task Of collecting q DRAFT to use reasonable
such instrument to the sender.
2. The undisputed facts set forth In the
opinion show that such diligence was not
.a urea damased the plaintiff. ~
g. A nqv trial to ascertain the amount
Of damages Is ordered.
All the justices concurring.
Aste:s: Pa: VALENTINE,
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-11-16
No. 81, 1881.
B. F. Watkins. Appellant,

No. a1,331
B. F. Watkins. Appellant,
Appeal from Geary County.
AFFIRMED
Syllabus BY se the fbe e9nF
ages for personal injuries suffered IN an
automobile accident. The fact Of the ae-
belonged to the defendant. but at the time
Of the accident was operated by his daugh-
ter. The defendant purchased the autonAo-
bile for the use Ut his family. His daugh-
ter had general permission, implied u
least, to use the car whenever she desired,
and she used II, with her fathers assent.
members Of the family used it as they
pleased. Held. demurrer to the PLAN
further in reference to the defendants re-
lationship to the use of the car at .he
time of the accident, was properly aus
tanned.
All the justices concurring.
Attest: D. A. VALENTINE.
a(Seal) Clerk Supreme Court.
No. 20s14.
J. s. Stafford: Q. c; Stafford, W. =; Stat
o. Lang, Appellees.
Sutcliffe Executor of the VIII Of Mary
+. Tyler. deceased, Appellant.
AFFIRMED.
Syllabus. By the Court. West J..
1. The evidence is examined and held to
support the findings.
2. 1t was not errer to deny the defend
ants motion to set the findings aside.
3. Non-expert witnesses should be asked
to give the extent of their knowledge and
observation Of the conduct>and appearance
of the person whose sanity is questioned.
and may then be properly asked to give
their opinion as>to such sanity: This prec,
below and such evidence should be con-
sidered.
4. The evidence of the confidential rela-
ton of the principal beneficiary. to the
testatrix Justified the capeIusion that he
was incompetent to take. under section
11765 of the General Statutes Of 1915.
All the justices concurrtng.
"A true copy.
Attest: D. A. VALENTINE,
(Seal.) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-11-16

No. q, 631.
In re Appeal from Survey, L. A. Mcdonald
ct al, Appellants,
VS.
The City OF lola ct al, Appellees.
Appeal from Allen County.
AFFIRMED.
Syllabus. By the Court Burch, ].
The evidence examined, and held to sus-
tain the judgment of the district court APP
proving survey.
All the justices concurring.
true copy.
Attest: D. A. VALENTINE, q
(Seal) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-11-16

No. p, sos.
4. Salisbury (revived in the name OF
Thomas c. Wilson, EXECUTOR, Appellee.
VS..
The Wichita Railroad and Light Co., APP
pellant.
Appeal from Sedgwick County.
First division.)
REVERSED.
Syllabus. By the Court. Marshall, J.
I. A person driving a loaded wagon has
the right to cross an electric street railroad
track in front of an approaching street
ear, IL he has time to cross safely before
the car reaches him but, If on looking. he
falls to see an approaching car. or If he
lance and an accident results in which he
is injured, the question of contributery
negligence on his part. Is one OF fact for
the jury.
q Where material instruction, that
should be given, is requested. but is not
given, either by itself or in any other inA
struction. the verdict should be set aside
and a new trial should he granted.
All the justices concurring.
A true copy.
Attest: D. A. VALENTINE,
(Seal) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-11-16
No. 81, $3.50.
The State of Kansas, Appellant,

H. M. Queen. Appellee.
Appeal from Sedgwick County.
District No. IL
REVERSED.
Syllabus. By the Court. Mason, J.
The signing Of an affidavit verifying an
Information by the prosecuting officer in
whose name 1t Is drawn is a substantial
compliance with the statutory requirement
that the information shall be subscribed
by him.
All the justices concurring.
true copy.
Attest: d. A. VALENTINE,
(Seal) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-11-16
No. 21.134.
J. NJ. Jewell. Appellant,

NO. lila.
J. NJ. Jewell, Appellant,
VS..
Frank Ellis. Appellee.
Appeal from Sherman County.
AFFIRMED.
Syllabus. BY the Court Johnston, c. j.
from the defendant, leaving a balance of
the purchase price unpaid. believing that
the defendant owned the property, and had
the right to transfer it when in fact he had
previously disposed of 1t, made answer in
response to the garntshment summons that
he was indebted to the defendant for the
balance of the purchase price, and an order
directing the payment of the money into
the court was accordingly made. Shortly
afterward the garnishee learned that the
disposed of the property and that conse-
0uently he was not indebted to the de-
PENDANT, and further learned that plaintiff
had procured the defendant to mortgage
the property and had received. and applied
the proceeds OF 1t upon another account
and therefore knew that the garnishee had
not acquired the property and was not
indebted for It. and that knowing these
things plaintiff had led and allowed the
garnishee to believe that the defendant
had the right to, transfer the property :
Held, on an application promptly made by
the Garnishee that there were sufficient
grounds to warrant the court in setting
aside the order the garnishee and in
allowing him to correct his answer so as
to state the actual facts as to his indebted
ness to the defendant.
2. The plaintiff can have no greater
rights as against the garnishee than the
defendant has and where 1t appears that
the garnishee was not IN fact indebted to
the defendant when the process was served,
the plaintiff can claim nothing from him.
All the justices concurring.
Attest: IA: VALENTINE.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-11-16

NSeai.J Clerh supreme court.
The Irrigation Loan and Trust Company,
Appellant, q
c. W. Oswald, Appellee.
Appeal from Reno County.
REVERSED.
Syllabus. by the Court West, J.
The instrument set forth in the opinion
was correctly construed as a contract to
terms relating to such option were not
complied with by the defendant, and the
plaintiff, under the facts and findings, Is
entitled to specific performance.
All the justices concurring.
true copy
Attest: D. A. VALENTINE,
(Seal) Clerk Supreme Court.
The State Of Kansas. ex rel, Albert II. Will
son. County Attorney of Hodgemap
County, Kansas. Appellee,
Carl Carlson. Appellant.
Appeal from Hodgeman County.
AFFIRMED
Syllabus. BY the Court Porter, J..
l. In an action to enjoin the obstruction
Of a public road which had been laid out
and opened for travel more than thirty
years, technical objections to the suf-
fieiency of the record are held insufficient,
In collateral attack, to show lack of 1ur-
isdiction in the commissioners
When the road was laid out the ap-
Iellants land belonged to the Atchison,
Topeka & Santa Fe Railroad company. The
only service OF notice to the company was
by publication and there was no finding by
the commissioners that the company was a
non resident of the county. Held. that this
court will take judicial notice that In 1855
the railroad company was not operating Its
railway In Hodgeman county, and was not
a resident of the county.
>. The opinion in Gehlenberg y. Saline
New-York tribune., 1918-11-04
Rouereto Occupied BY Italians
AS Armies of Austria Brea, Up

in Austra's retreat which is pell
NELL effort on the part OF the various
bodies to save themselves. The Aus
trians are fleeing helter skelter, fight
ing in the mountains when obliged to
DO so. On the plains they are merely
putting up rearguard local fights with
machine guns. blowing up the bridges
as they go along. The long lines of
enemy troops on the roads are being
2elted with the machine guns of Allied
airplanes.
1t was on October 20 that the enemy
received a mortal blow bv a main at
tack across the River Piave. This
permitted the Eighth Army to move
to Vittorio and gave the Fourth Army
chance to operate.
Piece by piece, corps by corps and
division by division the Austrian
armies have fallen. When the Italian
Fourth Army reached Monte Cismon
at the junction of the Brenra, 1T gave
the Twelfth Army & cnance to operate
at Feltre. in the upper Piave Valley
and also permitted the Sixth t.rmy to
90 into action in the Asiago district.
Between the Fourth and Sixth armies
the chief Austrian resistance in Ita y
was broken. 1t was in the mountains
that the greatest number Of cannon
was taken.
New-York tribune., 1918-11-04

WITH THE ITALIAN FORCES IN
NORTHERN ITALY, Nov. 8 (By The
Associated Press).-The entire Italian
front is moving forward. The left
wing of the Italian army has occupied
Rovereto and is pushing on toward
Trent, which may be reached at the
same time through Norge and the Val
Sugana.
The First Italian Army has reached
the frontier at Lastebasse and is NOV
ing in the direction of Trent. The
Sixth Italian Army is pushing through
the Val Brenta with the same object IN
view. The Third Army has arrived at
Portogrurao and is advancing on the
Tagliamento River.
The Italians and their allies are COM
pIeting the destruction of Austria's
mighty army. 1t is estimated that g.,
900 Austrian cannon will be. the total
taken by the Italians, in addition to
vast quantities of other war material.
The Allied forces are ever pressing
on toward the frontier in the noun
tains. TlNy already have reached the
Val Sugana, where the italians were
holding their line year ago.
The word "strategy" cannot be used
New-York tribune., 1918-11-04
League of Nations
Vital, Says Asquith
Only Safeguard Against Re-
currence of the War,
He Tells Scots

CUPAR. Scotland, Nov. Sunless
the Allies are content to have made
all their sacrifices in vain, they must
conclude peace "better than any of
the conventional peaces of history"
and secured by league of nations
able to check any attempt at aggres-
arise, declared former Premier Asoujth
in an address delivered here yesterday.
Matters have now reached the
stage" he said, "at VIII ch victory must
be decisive if peace is to be secured.
All our sacrifices will have been thrown
away If we acquiesce to anything less
than a peace of such kind that it
not only crushes for all time the ae-
gresslve ambition of our present en-
emies, but, what is indeed more inn
portant from the point of view of the
permanent interests of civilization and
humanity, renders imposs BILE re-
currence of such war by striking at
the very root Of the causes of war"
New-York tribune., 1918-11-04
Italian Truce
May Indicate
Terms to Hur,
Continued from page

peace settlements with Austria, Turkey
and Bulgaria until Germany also shall
surrender or be crushed. This policy
Is counted Gron to prevent any elev-
enth hour attempt on the part Of the
Germans to SOW seeds of discord among
the Allies.
Victories Are Significant
In view of the general situation, the
smashing Franco American victories
north ard west Of Verdun are regarded
AS significant. Unless an arm stce in
terrupts, ii is believed, the thrust will
be pressed home relent essly to cut the
German front in the West in half be-
fore there is another halt.
With hardened mountaineers of the
Italian army available for use else
where as result of the surrender of
mediate preparation for the invasion of
Germany by way Of Alsace- Lorraine
Italian picked troops might be spared
at once to join such campaign.
Not only will the whole fighting man
power Of Allied and American armies
be available now for the task of crush
ing Germany's defensive front, but to
supp ement the already vastly superior
equipment Of those armies in guns, air
craft and all other war machinery there
is now Mt the disposal Of Marshal Foch
all the Bulgarian, Turkish and Austrian
military equipment. To answer such
q concentration Germany has only de-
pleted reserves of men, guns and NUM-
tiOnS
New-York tribune., 1918-11-04
Tisza, Reuoluer in Hand, Was Slain
In Presence of Wife in Home

MSTERDAM Nov. 3The Berlin "Vossche Zeitung"
description
lisa, former Premier CT Hungary, last week.
AT o'clock in the evening three soldiers
residence and presented themselves
la with his wife and the Countess Amassy
the lnruders, asking what they
What have hand?" soldier Tisza
Tsza replied that he held him to
put it away but Tisza replied:
Il shall not because laid your
Inc soldiers requested the to
they declined to do soldier then
You are responsible for the destruction of
because caused the
Then, raising their rifles, the soldiers shouted:
The hour Of reckoning has
The soldiers fell His last yords
II am dying. had to
The soldiers quilted the house. gendarmes
previously employed
New-York tribune., 1918-11-04
Serbs Recapture
All of Belgrade
First Army Occupies Caoital
After Freeing Almost All
of Nation of Foe

PARIS, Nov. 3 The Serbian armv
has reoccuned Belgrade, the Serbian
capital, the War Office announces in
its statement on operations in the
Eastern theatre.
The statement saws:
After the capture Of Belgrade the
Germans and Austrians, beaten, retired
to the ner'h bank Of the Danube The
Second Serbian Army has reached the
Bosnian frontier. Serbia has almost in
It's entirety been freed from the enemy.
"The battles which decided this great
victory began on September Is. From
the oath the line of communication on
the Vardar was cut. Uskub was can't
ured on the Goth. The dslocation of
the Bulgarian forces was followed bv
capitulation, and on the 30th hostilities
came TO an end.
"The fighting was continued bv the
defeated Austro- German troops. On
October II the battle at Nish was
marked by the rout Of four enemv
divisions and the rupture of the great
artery of communication of the Central
Empires in the direct on of CONSTANT
nople. On the 10Th Lom Palanka was
reached and the Danube road cut. Then
came the last episode-Belgrade was
taken by the First Serbian Army. to
which was given the honor of entering
the capital. This army participated in
all the fighting. marching without
cease and without repose. always In
contact with the enemy, whom it held
by the throat, very often badly pro-
visioned, but knowing no fatigue and
no hunger 1t pushed ever forward bv
Will to conquer at any price"