The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-01-11

The following decisions were hand
ed down today by the state supre me
court:
BY Johnston, c. j.
The First National Bank of Garden
City, appellant, VS.. E S. Stroup, APP
rellee: appeal from Saline county. At
firmed
C. Easter. appellant. VS.. the City of
ElDorado, appellee: appeal from But
Ter county. Reversed and this cause
remanded for further proceedings.
Fern Eastern. appellant, VS.. the City
of ElDorado, appellee; appeal from
Butler county Reversed and this
ings.
J. c. Collins, appellant. VS.. John
Morris, appellee; appeal from Mia nj
county Affirmed.
John B. Mathews, appellee, VS.. The
Kansas City Railways Co.. appellant;
appeal from Wyandotte county (Div.
-. Affirmed.
Ord Clingman, guardian, etc, APP
pellee, VS.. w. V. HILL ct al, appel
lants; appeal from Sumner county.
/. Affirmed.
Burch, j.
J. S. Winkler, ct al, partners, etc,
/ APPELLANTS, VS.. w. H. Anderson, ct
| al. appellees; appeal from Allen Gown
| ty. Affirmed.
Inc STATE OIL Kansas, dppeilee, vs.
| J. E. McCarty, ct al. appella nts; APP
| peal from Morton county. Affirmed.
| Marshall, J., conc airing in conclu-
| sion, but dissenting from holding that
| sheriff had superior authority over
| constable who had arrested an Of
| fender, when both Were armed with
warrants. West. j., joins in the spe-
| cial concurrence AMI dissent.)
| L. o. Carter, appellee, vs.. r. J.
| Durham and Ford F. Harvey. receiv-
ers, etc. appellants; appeal from
| Wyandotte county (Div. p. Affirmed.
| Peter Moler. appellee, VS.. Joe Hea-
| ley, appellant; appeal from Finney
county. Affirmed.
Florence H. Hookman. etc, appel
| lee, VS.. The Sifers Candy Co. appel
| liant; appeal from Reno county. At
| firm ed.
| Viola Coberly, dministratriX, ap-
pellee, VS.. The United Water, Gas &
| Electric Co, appellant; appeal from
Reno county Affirmed.
BY Mason, j.
Fred L. Eames. appellant, VS.. Frank
| Clark, appellee; appeal from Dickin-
/ son county. Reversed and cause re-
manded for new trial.
| Arthur Peyton, appellant, VS.. Dave
Waters, appellee; appeal from Lyon
| county. Affirmed.
| d
| Greason, appellee; appeal from Miami
county; affirmed.
! Guy A. Spencer, appellee, VS.. Henry
McC1enney, appellant; appeal from
Sheridan county; affirmed.
Max ]. Kennedy and S. ]. Hess,
appellees. VS.. The A, T. & S. F. Ry-
| Co., appellant; appeal from Wilson
county; reversed and cause remanded
| with directions to deduct therefrom
all that was allowed in excess of $3.50
/ on account of the injury to the horses.
BY Porter, j.
The Elmo State bank, appellee, VS..
lie. NJ. Hildebrand Get all, appellant;
appeal from Shawnee county (Div. -
petition for a rehearing denied.
Stella V. Pantel, appellant, VS.. Flor
ence j. Bower, appellee; appeal from
Geary county; affirmed.
Thomas F. Marshall. appellee, as.
| c. W. Beeler, appellant; appeal from
Edwards county; reversed and cause
| remanded with directions to render
| Judgment in defendants favor for
costs.
Minnie Allen, appellee, VS.. B. F.
| Bush, receiver. etc, and others. APP
pellants; (two cases consolidated); APP
peals from Sedgwick county (Div. p
reversed and cause remanded with
directions to enter judgment against
the plaintiff Johnston, c. j., Mason
Fred Gadberry, a minor, etc. APP
pellee, VS.. The Hutchinson Egg Case
Filler Co, appellant; appeal from
Reno county: modified by reducing t6
amount which plaintiff is entitled tc
recover for $50 weeks at 1925 pei
week. Otherwise affirmed.
Ella P. Grimes. appellant. VS.. Gran
Raney, ct al. as Board of County Com
missioners of Stanton county, appel
lees; appeal from Stanton county: af
firmed.
Edison limerick. appellee. VS.. Th'
Jones Motor Car Co. ct al, appella ants
appeal from Sedgwick county (Div
ID; affirmed.
By West, j.
The Colony State Bank, appellee, VS.
w. T. Watson, and others. appellants
appeal from Anderson county; judg
ment as to Bankers Deposit Guarant
and Surety Co. reversed, and as to "
T. Watson, affirmed.
State of Kansas, appellee, VS.. R f
Green, appellant: appeal from Sedg
wick county (Div. u; affirmed.
Michael Frankovich. ct al, appellees
VS.. Albert c. Weigant appellant; ap
peal from Doniphan county; reverse
, and cause remanded with directions t
enter judgment for the defendants.
]. E. Brewer. ct al. etc, appe1lees
VS.. The Fairmont Creamery Co. ap
pellant; appeal from Dickinson coun
, ty; affirmed.
o. L. Toadvine, appellee. VS.. A F
Sinnett, appellant; appeal from Rus
county; reversed and cause remande
with directions to enter judgment 70
! the defendant. (Burch. J. and Porte
J., concurring speciality (Masorl ]
dissenting.)
BY Marshall. j.
The Security State Bank of Wichita
appellee. VS. J. L Seaunier. appellant
| appeal from Wilson county; reverse