davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-12-14
No. II, J1S. .
Mills G. Feris, Appellant,


Mills G. Feris, Appellant,
The Board of County Commissioners of
Cewley County, Kansas, Appellee.
Appeal from Cowley County.
REVERSED.
Syllabus. By the Court. Mason. ].
The statute providing that when the fees
collected by register of deeds for any
quarter shall exceed the salary and clerk
hire heretofore provided, he shall receive
as clerk hire a further amount equal to one
half such excess, is interpreted, in view Of
other provisions of the statute, MS requir-
ing the registers personal compensate to
be increased by the amount Indicated, r.
respective of whether additional clerical
help was used.
Burch, J., Porter, J., West. J., Marshall,
j. and Dawson, j., concurring.
Johnston, c. J. and Mason, j., dissenting.
A true copy.
Attest: D. A VALENTINE
(Seal) Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-12-14
No. 21,776.
Hannah Vann, Appellee,

Missouri, Kansas & Texas Railway Com
pany, Appellant.
Appeal from Labette County.
REVERSED,
Syllabus. By the Court Mason. J.
L. The rule applied that personal juris-
d1ction of railway company is not OBJ
tanned by delivering a copy Of summons
to an agent of a receiver who is in pos
session of and operating the property of
pnny. 1O2 Kan 297, III Pac. IA, followed.
2. The rule applied that a defendant who
objected to the service Of summons upon
him does not, by answering and going
to trial after such objection has been over
ruled. lose his right to invoke< the judg-
ment of a reviewing court upon the cor
rectness of the ruling.
All the justices cOncurring
true copy.
Attest: D. A. VALENTINE,
(Seal.) Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-12-14

No. q, 1856
The First National Bank of Beloit Kansas
q Corporation, Appellant,
Jesse f. Mathes, and Joseph w. FRANK
mathes, garnishee, Appellees.
Appeal from Mitchell County.
AFFIRMED.
Syllabus. By the Court Johnston, c. J.
!. A garnishee filed an affidavit of nom
liability to the defendant under section 233
Of the Civil Code and upon issue Joined by
the plaintiff, the answer of the garnishee
was upheld and he was discharged, Held
that the evidence in the case is sufficient to
sustain the order.
.. The fact that the court proceeded to
the trial of the issue Joined without re-
curing the garnishee to file an answering
affidavit as provided in section 234 of the
Civil Code, was not error.
>All the justices concurring.
A true copy.
Attest:s D. A. VALENTINE.
(Seal) Clerk Supreme sCourt.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-12-14
No. q. 7s4.
Manhattan State Bank, Appellee,

VS..
Wamego' State Bank, Appellant.
Appeal from Riley County.
AFFIRMED.
Syllabus. By the Court. Dawson,
1. A senior ihcumbrancer Of real property
who is in possession under circumstances
which make it equitable may maintain an
action against a junior fncumbraneer to
compel the latter to redeem the property
from the claim of the former and the court
may decree that unless the Junior elects
to redeem within a proper time he may be
barred of his lien and the title of the
senior incumbrancer may be quieted
against him.
.. Quaere-Whether under the circum-
stances disclosed in Syllabus 1 some statu-
tory provision establishes a minimum time
for redemption, not being urged. is left
undecided.
3. Rule followed that where the equitable
rights of the holder of a mortgage who
afterwards procures the fee title of prop
erty require that those interests be kept
separate, the mortgage and the fee title do
not merge against the will of the holder.
4. 1t is immaterial whether such an
action be characterized ms n suit in fore
closure or an action to require redemption
under penalty of being debarred for fail
ure to redeem. II the f-cts alleged and
proved are sufficiently comprehensive to
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-12-14
No. p, 743.
Asa Williams, Appellee,


Asa Williams, Appellee,
The Kansas Flour Mills Co., ct ar, Geo.
NJ. RusseID, Appellant.
Appeal from Sedgwick County.
division No. p
AFFIRMED.
Syllabus. By the Court. Mason, J.
I. An instruction to the effect that a
completed oral contract can result only
where the parties agree to the same thing
at the same time It is held not to have
been so open to misconception as to
parties was relying upon evidence Of a
proposition which had been made at one
time having been accepted at another with
out q statement.
2. An instruction regarding the burden
Of proof held not to Justify reversal.
All the justices concurring.
A true copy. -
Attest: D. A. VALENTINE,
(Seal.) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-12-14
LEG.AI

ana just sum, in goou faith considered the
proper amount OF damages sustained; she
may bind herself by settlement with the
wrohgdoer on any consideration satisfac-
tory to her; but she may not bind her
child, except by proportional payment OF
the character described.
8. By virtue of his or her control over
litigation, the statutory agent may pre-
sent to the court in which action has been
brought stipulation for Judgment en-
bodying a fair adjustment OF the contro-
versy, and IL the court after judicial ex-
animation approve 1t and enter judgment
accordingly, the parties will be bound, and
the distributes will be bound.
All the justices concnrring.
A true copy.
Attest: d. A. VALENTINE,
(Seal.) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-12-14
D. A. VALENTINE,
Clerk Supreme Court.
No. 21,7S3.
William A. kirkham, Appellant,

The Leavenwerth Light, Heat and Power
Z Company, Appellee.
Appeal from LeavenwOrA County.
AFFIRMED.
Syllabus. By the Court. Marshall,
A Judgment will not necessarily be re-
versed for the exclusion of opinion evidence
sought to be introduced to show that fire
In building had started at a certain
place and had been caused by an electric
meter; the admission or exclusion of
such evidence being largely within the dis
erection of the trial court.
Johnston, c. j.. Burch, J.. Mason, J.,
Porter j.. and Dawson, j., eoncurring.
West, J.. dissenting.
A. true copy. .,-.-.--
Attest: D. A. VALENTINE,
(Seal) Clerk Supreme Court 4
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-12-14
No. 21,773.
Albert J. Bassett, Appellant,

John c. Waters and Hugh Larirner, Sheriff
of Shawnee County. Kansas. Appellees.
Appeal from Shawnee County.
(Second Division.)
AFFIRMED.
Syllabus. By the Court. Johnston, C. j.
1. A divorce was granted to wife for
the aggression and fault of the husband,
and as an incident to the judgment an
award of alimony for gross sum payable
in three installments was made to the wife.
1t was further provided that the payment
of the alimony adtudged should be in full
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-12-14
LEGAL


practiced and the compromise and settle
ment Is understood and is freely and vol
UNFAIRLY made.
T. The use Of the word "alone'' in one
of the instructions does not appear to have
been erroneous
All the justices concurring.
A true copy. -
Attest: D. A. VALENTINE,
(Seal.) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-12-14

The Chamberlain Metal Weather Strip Com
pany, Appellant,
The Bank of Pleaeanton, Appellee.
Appeal from Linn County.
AFFIRMED.
Syllabus By the Court Marshall J.
The district court has jurisdiction to set
aside an order denying a motion for a new
trial, and thereafter, at the same term Of
court. to grant a new trial: and the court
is justified in So doing when it appears
that, becadse of a mental breakdown, the
attorney representing the party asking the
new trial failed to notify him of the time
that had been set for the trial and failed to
properly present his side Of the contro-
versy.
Ali the justices concurring.
A true copy.
Attest: - D. A. VALENTINE,
(Seal.) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-12-14
- No. 21,774.
Ella Nelson, Appellee,

- No. 21,774.
Ella Nelson, Appellee, .
VS..
Interocean Casualty Company, Appellant.
Appeal from Labette County.
AFFIRMED.
Syllabus. By the Court. Burch, j.
The evidence in an action to recover on
an accident-insurance policy examined, and
held sufficient to sustain special findings
Of the jury that the deceased came to his
death through violent, external, accidental,
and involuntary means-a fall while carry
Ing a scantling-whereby he sustained
severe internal injuries.
All the justices concurring.
A true copy.
Attest: D. A. VALENTINE,
(Seal.) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-12-14
y. A. VALENTINE,
Clerk Supreme Court.
No. 21.4Os.
The State of Kansas, Appellee,

George w. Farrar, Appellant.
Appeal from CONVEY County.
AFFIRMED.
Srllabus BY the Court. Burch, y.
1. Evidence produced at the hearing on
the motion for a new trial after a verdict Of
guilty of murder in the second degree, to
the effect that during the deliberations Of
the jury one or more jurors said the de-
PENDANT had been convicted of murder in
the first degree ut former trial. consid-
cred, and held not to warrant the granting
of a new trial under the rule that evf.
Dental statements OF prejudicinl nature
edge, ana which naturally and probably
influenced the verdict, furnish ground for
the granting OF a new trial. unless the
state show the accused suffered no pre-
judiee.
9. Various assignments Of error consid-
cred, and held to be without substantial
merit.
All the justices concurring.
true copy. ,-.--.-
Attest: n. A VALENTINE,
(Seal) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-12-14
No. 21,425.
John Nowak. Appellant,

John Nowak, Appellant,
The Bankers Life Insurance Company, d
Foreign Corporation, and u. E McCorkie.
Appellees
Appeal from Shawnee County.
Div. =.
AFFIRMED
Syllabus. BY the Court Mason. j.
A foreign corporation which, In accord.
ance with the statute. has consented that ac-
tons may be commenced against 1t in any
county in which the cause arose, or the
plaintiff resides, by the service Of process
on the superintendent of insurance, is not
thereby rendered liable to be sued in me
county In which the state capital Is located
under a provision OF the statute authorize
ing n transitory action to be brought
against a foreign corporation in any coun.
ty where 1t may be found.
All the justices concufring.
Attest test ''p'' p. A. VALENTINE,
(Seal.) Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-12-14
No. q, 440.
Gertrude Stogsdill, Appellee,

Josephus Minor /and II. ]. Tfua4, Ap-
pellants.
Appeal from GRAY County.
~AFFIUMED.
Syllabus BY the Court. West, J.
l. The evidence supports the verdict and
findings that the land claimed is an island.
river announced In Dana V. Hurst, Sc Kan.
S47. 122 Psc. fe41. and The State ex rel. V.
Akers, 90 Kan. 169, 140 Pac. G37, followed.
All the justices eoneurfing.
true copy
Attest: d. A, VALENTINE,
(Seal) Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-12-14
LEGAL
By GOLDBERG.

and all the findings of fact. that the de.
fenaan. Is NOT ent,tea 70 a4ag w rho on hs
act of the watchman was committed n
self defense, nor upon the ground that they
show the assault was committed outside tho
scope Of the servants employment.
All the justices concurring.
"A true copy. -.
ATTEST: ID. A. VALENTINE.
(Seal) Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-12-14
LEGAL

such defendant. and the constable OF his
court is without authority to execute such
paper In such other county.
4. One who is arrested in such other
county on such commitment and forcibly
taken to the county whence it issued and
placed in jail nay maintain habeas corpus
to secure his release.
All justices concurring.
A true copy.
Attest: n. A. VALENTINE,
(Seal.) Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-12-14
LEGAL

of all claims for alimony on any other
action to enjoin the enforcement of the
Judgment for alimony, it is Held that the
jud; 1hent is final and conclusive, subject
to assignment and enforceable In the same
manner as an ordinary judgment for debt.
All the justices concurring.
A true copy. -
Attest: D. A. VALENTINE,
(Seal) Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-12-14
No. 21,17O.
A. c. Gould, Appellee,

No. Ito.
A. c. Gould, Appellee,
VS..
A. c. Stewart, Appellant
Appeal from Labette County.
REVERSED.
Syllabus. By the Court. Marshall j.
In an action for a real estate agent g
commission, it is held that there was some
evidence to support the defense, and there
fore that the court erred in directing
judgment for the plaintiff.
All the justices eoncurring.
A true copy.
Attest: D. A. VALENTINE,
(Seal.) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-12-14
No. 21,771.
Paul Raffaghelle, Appellee,

raul ha1fagneIie, Appellee,
Peter Russell, Appellant.
Appeal from Cherokee County.
AFFIRMED.
Syllabus. BY the Court. Dawson, J.
1. workman who is injured in the
course of his employment is not TO be de-
MED compensation for such injury and
consequent diminished earning capacity
merely because his injury was not SO seri-
Gus as to totally disable him from labor
for the first two weeks Immediately sue
ceeding the accident
= An injured workman who only in pain
and distress and with the friendly help of
his fellow workmen can earn as much as
he did before his injury may maintain an
action against his employer for perma-
nent, partial incapacity under the work
mems compensation act.
8. Error assigned abuse of discretion
In an award of a lump sum judgment in
stead of periodical and terminable pay
ments to an injured workman, examined,
and not sustained
All the justices concurring.
I A true copy.
Attest: d. A. VALENTINE,
(Seal.) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-12-14
d. 4. VALENTINE.
Clerk Supreme Court.

No. 81 613
In Re Appeal of Exchange National Bank
Of Atehison, Kansas, Appellant,
vs.
The Estate of J. i. Belts, deceased,
Appeal from Shawnee County.
division No. IL
AFFIRMED.
Syllabus. BY the Court. Porter, J.
1. The doctrine that the only effect of
contracts made by an executor or admin
fstrator is to bind himself individually ap-
plies to contract made by the personal
representative in attempting to carry> on
and complete a building contract entered
into by the decedent in his lifetime.
wives, the personal representative is not
obliged to complete it; in case he does
elect to carry on, he and those who deal
with him charged with knowledge of
the law which declares that the estate is
Interested in the business only to the ex-
tent of the profits.
8. A decedent in his lifetime held a con-
construction of which had been in progress
about a month when he died. The widow,
who was the executrix of the estate, exc
cuted notes to bank signed by her as
executrix. and applied the proceeds toward
| payment for labor and material which had
been used in the construction of the build
ing. She afterwards abandoned the enter
| prise and the building was completed by
| the surety of the decedent. Held, that the
notes were not a valid claim against the
| estate.
All the justices cohcurring except Mar
! shall, J., who did not sit.
| A true copy. -
Attest: u. A. VALENTINE,
4SeaL) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-12-14

No. 21,7O5.
J. b. Comerford, Appellee,
vs..
Robert Groves and Mary Groves, his wife,
Appellants.
Appeal from Wyandotte County.
Division No. L
AFFIRMED.
Syllabus. By the Court. West, j.
The facts having been considered by the
referee whose report was approved by the
trial court, and no error appearing on the
face of the record, and no motion for new
trial having been filed, the judgment is
affirmed.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
(Seal.) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-12-14
No. 21,679.
A. W. Eggers, Appellant,

A. W. Eggers, Appellant,
VS..
J. G. Ross, Appellee.
Appeal from Pottawatomie County.
- AFFIRMED.
Syllabus. By the Court. Dawson, j.
q A mortgagor of a chattel sold 1t with the
understanding that the sales money was to
be paid to the mortgage. Before the
money was paid it was garnished by an
other creditor of the mortgagor. The
well-established rule that garnishment only
seizes the property of the debtor, not that
which had Heretofore been assigned in
good faith to others.
All the justices concurring.
A true copy.
Attest: D. A. VALENTINE,
(Seal) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-12-14
No. 21,GD3.
The State Of Kansas, Appellant,

No. 81 Goa.
The State Of Kansas, Appellant
VS.,
H. e. Dean, Appellee
Appeal from WyandOtte County.
division No. ~
REVERSED.
Syllabus. BY the Court. Burch, J.
Public policy forbade the Panama Pacific
Exposition commission to employ one OF
its members as secretary of the commits
sion and pay him compensation for carry.
ing out the purposes of the act creatina
the commission.
All the justices concuffing.
true copy. .
Attest: d. A. VALENTINE,
(Seal.) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-12-14
LEGAL,


fit either case, and judgment which sub
stantia1ly accords with either theory will
be upheld.
All the justices concurring.
A true copy.
Attest: d. A VALENTINE,
(Seal.) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-12-14
No. 1916.
Irving L. Donaldson, Plaintiff.

No. q GIG.
Irving L. Donaldson, Plaintiff.
VS..
Art Cox, Appellant, ct al, ]. D. Dunn and
A. j. Bellport. Jr., Appellees.
Appeal from Harvey County.
AFFIRMED.
Syllabus. By the Court. Marshall, ].
Under the circupstances disclosed in the
opinion, 1t Is held that the court did hot
have Jurisdiction to try the cause Of action
presented In the cross petition of one OF
the defendants against his co-defendants.
All the justices eoneurrfng.
TRUE copy. -
Attest: d. A. VALENTINE,
(Sea10 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-12-14
No. 21,652.
l.. F. Crow, Appellant,


L. F. Crow, Appellant,
John Hartzler, as Administrator, etc, APP
pellee.
Appeal from Sherman County.
AFFIRMED.
Syllabus. By the Court. Burch, j.
1. Section 81 of the civil code imports IL.
to the statute of limitations of this state,
under certain conditions, the limitations of
other states which have barred action
there; but the converse is not true, and the
section does not extend generally the time
within which suit may be brought here
on a cause of action arising between nom
residents, which has not become barred ty
the more liberal statute Of the foreign
state.
2. The rule stated applied. and held.
the four-year statute Of limitations of
California did not govern a claim by a resi-
dent of California against the estate in
this state of a person who died a resident
of California; but the claim was barred
by the three-year statute of limitations of
this state.
All the justices concurring.
A true copy.
Attest: d. A. VALENTINE,
(Seal.) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-12-14
No. 22,OT6.
The State Of Kansas. Appellee.

No. 22,OI6.
The State Of Kansas, Appellee,
william Berry, Appellant.
Appeal from Finney County.
AFFIRMED.
Syllabus. BY the Court. West. ].
A violation of the bone dry act tch 215,
Laws of 1910 by unlawfuliy having in
ones possession Intoxicating liquor, IL a
violation of the provisions Of the prehib
itory liquor law" within the terms of the
persistent violator act. och. 165, Laws Of
1911, as amended by CHI. 49,, Laws Of
1850
Johnston, c. J., Burch. J., Mason, J..
and Marshall, J., concurring.
Porter, J. and Dawson, J., dissenting.
true copy.
Attest: D. A. VALENTINE,
(Seal) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-12-14
No. 1,73S.
". F. Fletcher, Appellee,

The Chicago. Rock Island s. Pacific Rail-
way Company, Appellant.
Appeal from Smith County.
AFFIRMED.
Syllabus. By the Court. Burch J.
l. The form OF the action for damages
for failure of a carrier to furnish cars to
shipper Of live stock for an interstate
shipment Is not important. The ground Of
In an action for damages for failure to
furnish cars requested for a particular
day, the shipper predicates liability on
breach OF contract to furnish the cars on
that day.
2. The evidence examined, and held to
per's request for cars was negligently
treated. and that the carrier was not ex-
cused from complying with the request be-
cause of sudden and great demands which
1t had no reason to apprehend would be
made, and which it could not reasonably be
expected to meet
3. Relying ouS compliance with his re-
quest for cars on a certain day, the ship
per in due time placed hogs in the-carrier's
stockyafd, for interstate transportation.
Because of the carriers failure to furnish
the cars, II of the hogs died. After the
remainder Of the herd, 131 in number, were
loaded in belated cars, bill of lading for
shipper. The bill of lading contained a
provision that the carriers liability should
not attach until the live stock was loaded
in the cars and written shipping con-
tract was issued. Held. the carriers liza
bility for loss of the hogs which died was
All the Justices concurring.
A true copy. - ~
Attest: D. A. VALENTINE,
(Seal) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-12-14
No. q, 664.
c. A. Burns. Appellant,

NO. 2l,O6f.
c. A. Burns, Appellant,
Alliance COOPERATIVE Insurance Company,
Appellee.
Appeal from Sedgwfck County.
division No. II
AFFIRMED.
Syllabus. By the Court. Mason, j.
1. The circumstances presented held TO
be such. as to result in the annulment of a
fire in4urance policy SO far. as concerns
any claim on the part of the insured.
2. Where an INSURANCE policy contains
to a MORTGAGE in the manner expressed in
such provisions and conditions of insurance
relating to such interest as shall be writ
ten thereon or attached thereto, and the
attached clause which makes the loss pay
able to a mortgage contains the words
subject to all the terms and conditions
Of this policy" all the conditions of the
policy are thereby made applicable to the
MORTGAGE and If the rights of the owner
have been forfeited by his breach of any
such condition the mortgage is likewise
precluded from recovery.
All the Justices eoncurring.
A true copy.
Attest: d. A. VALENTINE,
(Seal) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-12-14
D. A. VALENTINE,
Clerk Supreme Court.

No. 21,TS1.
The Conqueror Trust Company, a Corpora
ton, Appellee,
vs.
II. L. Danforth Appellant.
Appeal from Reno County.
AFFIRMED.
Syllabus. By the Court. West J.
l. A co-maker though in fact surety
only, Is primarily liable on his prOmissory
note.
2. 1t is no defense to an action on a
note to plead an agreement with the payee
to look to certain mortgage security and
! to hold the co-maker for the balance only,
as such agreement would contradict the
terms of the note
3. Neither does the alleged breach of
such an agreement form any legal basis
for a set off or counterclaim.
All the justices concurring.
A true copy.
Attest: D. A. VALENTINE,
(Seal) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-12-14

No. q, 1924.
r. A. Lower, Appellant,
VS..
B. L. Light let al.), Appellee.
Appeal from Republic County.
REHEARING DENIED.
Syllabus. By the Court Johnston, C. j.
Before the rendition OF judgment, in
terest is not recoverable on unliquidated
damages which are not ascertainab1e by
computation based on some fixed standard
of measurement
All the justices concurring.
A true copy. ..-.
Attest: d. A. VALENTINE,
(Seal) Clerk Supreme Court.