davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-02-15
No. 21.9d.
H. Pessemier, Appellant,

T. T. Gem, Appellee.
Appeal from Wabaunsee County.
AFFIRMED.
Syllabus. BY the Court. Dawson, j.
1. An oral contract for the sale of land
cannot be enforced, although the recanting
vendors only excuse given to the vendee
for his failure.4to comply Herewith was
that he. desired to sell the land to another
person aud had sold it to the latter after
his oral bargain with the vendee.
2. One who Fepudiates an oral contract
for the sale of land is not estOppeI to in
woke the statute of frauds in an action
for specific performance because he made
no mention of his legal rights under that
statute in giving his reasons to the vendee
for refusing to comply with his contract
All the justices concurring.
true copy.
Attest: D. A.. VALENTINE
(Seal) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-02-15

No. y, S.Ej.
The Gale Manufacturing Company, APP
pellant,
vs.
King & Dickey. Appellees
Appeal from Sumner County.
AFFIRMED.
Syllabus. BY the Court. Dawson, ].
Rule followed that one who has signed
a written instrument may successfully de-
fend against it by clear. decided and sat
isfactory evidence that he was induced to
sign 1t by false and fraudulent represeB-
tations as to its contents. and that. having
neither time nor opportunity to read 1t.
he signed it in reliance upon those repre-
sensations. fl
All the justices concurring.
A true copy.
Attest: ID. A. VALENTINE. s.f..
(Seal) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-02-15

No. 81 ,90i.
S. ]. Stafford, Appellee,
VS..
Harriet E.. Tibbetts. ct al, Defendants,
Flora e. Middleton; ct al, appellants.
AFFIRMED.
S. J. Stafford. Appellee,
Harriet , e Ti1 P ct al. 1 Defendants
Appeal from Butler County.
No. p 300.
S. J. Stafford, Appellee,
vs..
Harriet E. Tibbetts, ct. al, Defendants.
J. C. Haines. Appellant.
AFFIRMED.
Syllabus. By the Court. Marshall. j.
l; The rule that findings of fact sup
ported by evidence are conclusive in the SUI
preme court applies in all actions, whether
legal or equitable.
all of its stock. can hold possession of the
real property, standing in the name of the
corporation, adverse to those who were
formerly stockholders therein, but haze
8. In August, 1890, the sheriff of Butler
county, under an order of sale issued out
thirty shares of the capital stock of the
Augusta Stone Company, a corporation.
Held, that the sal. transferred the owner
ship of the stock, and that the original
owner. against whom the order of sale
was issued, cannot collaterally question
that transfer.
4. There was ample evidence to support
the finding of the court that the plaintiff
owned all the capital stock Of the Augusta
Stone Company.
5. Strangers to a corporation, those who
are not stockholders, creditors. nor other
wise interested therein, cannot question
the manner in which one who owns all the
corporate stock acquires title to the cor
porate property.
g. No substantial right of any of the
parties complaining was prejudicially af-
fected by any ruling or order concerning
evidence.
All the justices concurring.
A true copy.
Attest: D. A. VALENTINE.
(SeaL) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-02-15
LEGAL


No. p, $50.
The Atehison. Topeka & Santa Fe Railway
Company. Appellee,
VS..
The Boyle Commission Company, Appellant.
Appeal from Sedgwick County.
division No. p
AFFIRMED.
Syllabus. By the Court. Mason, j.
1. In an action by a railroad company
against commission company for the
freight charges on a ear load of potatoes
consigned to the latter. the sole question
in controversy being whether the defendant
or the owner of the potatoes was the con-
signor, the defendant maintained that while
it had made the shipment it did so as the
agent of the owner of the potatoes and not
in its own behalf, but admitted that at the
time they were being loaded into the car
it advanced $50 to the owner on them.
Held, that finding was justified that the
defendant was the consfgnor and was liable
for the freight
2. 1t is further held that even assuming
that the defendant in making the shipment
was acting solely as the agent of the
owner, the evidence did not compel find
ing. that the plaintiff had knowledge of
that fact.
All the justices concurring.
A true copy.
Attest: p. VALENTINE, :
lSeal) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-02-15

H NJ Rogers, Appellee
Appeal from Hamilton County.
AFFIRMED.
Syllabus. BY the Court Porter, j;
Il is claimed certain correspondence be
tween the parties resulted in CONTRACT
binding defendant to convey specilc
real estate, a judgment denying plain
tfffs relief is sustained for the reason that
the writings show that the minds OF the
tract and further held, that defendant was
not bound to state all his defenses to the
action in his letter refusing to accept plain
tiffs' terms.
All the justices concurring.
Attest u. A. VALENTINE,
(SeaI1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-02-15

No. 81 DIS
Howard J. Hodgson, Appellee,
VS..
The John Deere Pillow Company A Cor
poration. Appellant.
Appeal from Greenwood County
AFFIRMED.
Syllabus. By the Court Mason. J.
1. The evidence held to warrant a find
ing that the regular price of an engine
and equipment was $50 less than had been
charged for it.
2. An instruction to the effect that the
refusal OF a party to produce material evil
dence within his control warrants an in
ference that it is unfavorable to him. held
to be correct as general proposition of
law and to have been applicable in the
present case
All the justices concurring.
A tue copy.
Attest: d. A. VALENTINE,
(SealD Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-02-15
No. 21,794.
c. W. Gates. Plaintiff,

No. 81, 1914.
c. W. Gates Plaintiff
Fred w Knapp, as Auditor etc, Defendant
Original Proceeding in Mandamus
WRIT ALLOWED.
Syllabus. By the Court. Burch, j
4 1. Findings of fact and conclusions of
law returned by commissioner appointed
for the purpose, approved, and held that
the state auditor may not refuse TO issue a
warrant for the payment of claim be-
cause; the claimant had been a member of
an unlawful combination in restraint of
trade (Gen. Stat 1915. 6457), when the
claim itself did not grow out of and was
not connected with the combination.
=. Mandamus, is the proper remedy to
oh tain warrant whenever it is the legal
duty of the auditor to issue it,
}: The authority of the auditor to issue
and withhold warrants outlined
II the justices concurring.
A true copy. $3.50 -
Attest: u. A. VALENTINE
(Seal) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-02-15
No. 1,sS3.
c. I'll. Benson. Appellee,

No. y So.
c. H Benson. Appellee,
VS..
Z. F. Bush. Receiver of The Missouri
Pacific Railway Company, Appellant.
Appeal from Sedgwiek County.
division No. p
AFFIRMED.
syllabus. By the Court. West J.
J. The plaintiff as station agent of the
defendant was not. while attempting to
start a fire in the depot stove, engaged in
interstate commerce.
2. His attempt to start fire by the use
Of Kerosene which he supposed was signal
oil. did not thereby add TO his employment
any peril outside thereof
3. The injury arose out of and in the
course Of his employment within the mean
ing of the workmen's compensation act
All the justices concurring.
A true copy
Attest: d. A. VALENTINE.
(SeaLl Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-02-15
D. A. VALENTINE.
Clerk Supreme Court.

No. 21.75S.
Omer D. Smith. Trustee of the Estate of
Charles ID. Eby, Bankrupt. Substituted
for Henry P. billiard. Receiver of The
American National Bank of Fort Smith,
Arkansas, Appellant.
VS..
C. ID. Eby. The Eby Construction Company.
a: NJ. Eby, and The Home State Bank of
Upton. Appellees.
Appeal from Osborne County,.
AFFIRMED.
Syllabus. Bysthe Court Johnston, G. J.
\ l. The decision of the trial court that the
ownership of attached property was in the
interviewer and not in the attachment
debtor, is Held to be sustained by suf-
ffcient evidence.
.. The giving of n bond by the interviewer
for its own benefit, conditioned that. the
attached property or its appraised value in
money shall be forthcoming to answer the
Judgment of the court did not estop it
from demanding an adjudication of the
ownership of the attached property.
All the justices concurring.
A true copy.
Attest: n. A VALENTINE
(Seal) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-02-15
LEGAL
SUPREME COURT SYLLABI
No. 81 ,S95.
c. Z. Hess and W. A. Hess, Appellees,

No. 81, S05.
c. E. Hess and w. A. Hess, Appellees,
vs..
f. A. Hess, Appellant
Appeal from NeoshO County.
AFFIRMED.
Syllabus. By the Court. Marshall, j.
l. Landlords procured an injunction en-
Joining their tenant from removing, selling,
or disposing of the landlords share OF the
CROP a receiver was appointed to take
charge of the crop, and he afterward sold
IT, Judgment was rendered for the plain
tiffs and the receiver was ordered to turn
the money over to them. Held, that the
Judgment should not be reversed although
the landlords had the right to attach, to
sue in replevin. or to sue for damages.
. The petition, summarized in the opin-
ion, stated a cause of action.
g. A district court has Jurisdiction TO
grant an injunction although it may be err
roneously granted, vet the final Judgment,
II it is one that should be rendered. VIII
lot be reversed because of the Injunction.
All the justices concurring.
A true copy.
Attest: ID. A. VALENTINE,
(SeaI) Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-02-15

No. 21.91l.
Drainage District Number Three of Sedg-
wick County, Corporation, Appellant,
The Riverside Drainage District of
sedgwfck County. Corporation, and
Frank J. Oliver, n. Russell, Ed Homer.
T. w. Robbins, and J. X. Driscoll. as
District Of sedgwick County. and
Josephine Mitchell, A. Z. Munich, f. NJ.
Martin, and H. L. Thayer, Appellees.
Appeal from Sedgwfck County.
First Division.
AFFIRMED.
Syllabus. BY the Court Johnston. G. ].
l. Under the Drainage Act, laws of 1905,
chapter 215,|ft is competent for the diree-
tors of a drainage district to change the
channels of water courses and relocate and
establish new ones and to that end they
may make contracts with land owners out
side Of the district, and the judgment and
discretion SO vested, may be exercised Jy
them without Interference or control by
the courts unless fraud or bad faith en-
tiers into their action.
2. The fact that the directors may have
had a wrong conception of their duties or
have taken some illegal steps in the per-
Torrance of their duties does not necessar-
lily imply bad faith nor that their con-
duct was so arbitrary, capricioas and I'M
reasonable to indicate an abuse of the
power conferred.
3. An action to enjoin the maintenance of
a system of drainage that has been estab-
ground that it results in flooding, injury
and loss to the lands of owners in newly
created district, and to the roads and
bridges therein, can not be maintained at
the suit of the new district. but must be
brought in the name of the State, at the
instance of the Attorney General or the
County Attorney.
All the justices concurring.
true copy.
Attest: n. A. VALENTINE.
tSeal.) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-02-15

No. 81 500.
The Topeka Orphans Home Association,
of Topeka, Kansas, Appellee,
VS..
Rose Mills Williams and Byron T. Mills,
Appellants.
Appeal from Shawnee County.
division No. -
AFFIRMED.
Syllabus. By the Court. West, J.
In n will drawn by the testatrix, eleven
items provided in certain contingencies that
the bequest or devise, should revert to the
estate. One gave to an uncle during his
life, the rents from a certain store building,
lat his death same to revert back to
estate" In n subsequent clause she gave
''all that remains of my estate to ,,lain-
tiff. the real estate to be sold should
seem advisable, retaining the store building
until the last. HELD, that the former
gave a life estate only, in the building and
the latter the fee, and that the intention
thus apparent from all the language of the
will. should be followed.
All the justices concurring.
true copy.
Attest: d. A. VALENTINE,
(SeaL) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-02-15
No. 81 .S9T.
Noah r. Wagler, Appellee.

James A. Tobin and Mayme G. Gibbons.
Appellants. m
Appeal from Sumner County. ~
AFFIRMED. -i--
Syllabus BY the Court. Johnston. C. !. y
1. Before an answer is filed the plaintiff.
may amend his petition to subject mat
ter and parties without leave of court
>. Only questions raised and determined
In the district court are open to review ON
appeal. -s1f'sl
3. In his action to recover on promis-f
sorry notes and to foreclose n mortgage.
securing the same, the plaintiff set ont
some of the negotiations preliminary TO
the execution of the notes and mortgage,e
also that because of modification OF
their agreement, one set OF notes prepared
for signing had been substituted for an
other. and that certain changes were made
In the notes sued on before delivery to make
them conform to the final agreement of thu
parties. The defendant answered Aailegincs
that there had been fraudulent alteration
of the notes after delivery. Held that the
burden of proof to establish fraudulent at-c
teration rested upon the defendant. &:
4. The finding of the trial court upon
conflicting and substantial evidence as to
the alleged alteration is conclusive upon
appeal -
All the justices concurring 7af
A true copy. tnnt
Attest D. A. VALENTINE s1ts
tSeaIl Clerk supreme Court. =
First published in The Topeka State
journal, February s. 1891
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-02-15

No. 21611.
Jessie Gulick and Margaret Miles, Appel
lants,
VS..
George Colder, ct al, Appellees.
Appeal from Usage County
AFFIRMED.
Syllabus. By the Court. West, }.
The action turns on the question of In
sane delusiOn-on which the voluminous
evidence differed, and the finding of the
trial court that the testator was of sound
and disposing mind must stand.
All the justices concurring.
A true copy.
Attest: D. A. VALENTINE,
(SeaL) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-02-15
No. 21,S9O

]. L. McCarter and G.. S. Crow, Partners,
doing business under the firm name and
style of MeCarter and Crow, Appellants,
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-02-15
CITY Clerks notice Of
PRIMARY ELECTION.

CITY Clerks notice Of
PRIMARY ELECTION. -
~ Office Of City Clerk -.
Topeka. Kansas. February 4. 1919 =
Notice is hereby given that n Primary
Election win be held on the 9th day OF
March. 1919. being the second Monday Pre-,
cedtng the General City Election OF April /,
1. 1919. at which time candidates will ne
nominated. according 70 the provisions of
to wit. =
Mayor. -.
Commissioner of Finance and Revenue e..
Lighting. =
Commissioner of Streets and Public Inn {
proyements, z 71fif
Commissioner of Park and Public Prone
erty,
Three Members Of the Board of Educn-
uon from the CITY at large. s.45i
The Polls will be open from G 100 O'Clock .
a. m until 700 O'Clock p. m in the city
Of Topeka, Kansas
TsenIi ETA NJ. CovELL. CITY Clerk.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-02-15
Attest: D. A. VALENTINE.
tSeal) Clerk Supreme Court
No. 1923.
J. Z. Mathews, Appellant.

No. p 92S
J. E. Mathews, Appellant.
The Union Central Life Insurance Com
pany, Appellee.
Appeal from Jackson County.
REVERSED.
Syllabus. By the Court. Burch, j.
l.. The statute authorizing recovery of
statutory damages. additional damages,
and an attorney fee. and removal of the
cloud on the mortgagor's title. resulting
from wrongful refusal of a mortgngee on
payment of his mortgage and demand, to
enter satisfaction Of record (Gen. Stat 1915,
IS 64l1, 64I3), is remedial, and not penal.
, Actual receipt of payment by the
MORTGAGE is not essential. Tender by the
mortgagor, wrongfully refused entities
him to a release of the mortgage, and, after
demand, to invoke the statutory remedies
j. petition for relief pursuant to the
statute examined, and held to state a cause
of action.
4. The action may be maintained in this
state against nonresident.
All the justices concurring.
true copy.
Attest: d. A. VALENTINE,
(Seal) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-02-15

Attest: D. A VALENTINE,
(SeaL) Clerk Supreme Court.
N. G. Bissey and Robert c. Campbell, APP
pellants,
The City of Marion. Josiah Good, T. B.
MatIock Charles Pierce, and d. L. Yeag-
Appeal from Marion County.
Reversed as to one Appellant,
Affirmed as to the other.
Syllabus By the Court. Mason. J.
L. Several persons each of whom has a
open for traffic may join in an action for
.. Where a bridge over creek where
it is crossed by a city street is suffered
to remain in such condition as not to be
on one side OF the street and both sides
different in kind from that of the general
public, and may therefore maintain an ac-
ton against those responsible for that
condition. This is not true however OF
one who owns tract on a cross street
opposite the termination of the street first
referred to.
8. Where a petition alleges that bridge
on public street has been allowed to
remain for some ten years in condition
such as to render it unfit for use, an alle-
CATION that the action IN that regard of the
officers having central of the matter was
arbitrary, and constituted an abuse OF
discretion, is sufficient as against de-
murrer to raise an issue of fact.
4. In such case the question whether
sufficient funds were available to enable
the Officers to perform the acts demanded
of them is one proper TO be raised by an
swer.
5. Assuming that an adequate remedy
was afforded by mandamus, the fact pre-
sents no obstacle to the controversy being
settled on its merits in an action for 9
mandatory injunction.
All the justices concurring.
A true copy.
Attest: D. A. VALENTINE.
f(Seal) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-02-15

No. 2f.239
George V. West, Appellee,
The Springfield Fire and Marine Insurance
Company, Appellant.
Appeal from Anderson County.
REVERSED
Syllabus. By the Court. Dawson J.
A fire insurance policy which contained
clause categorically specifying the vari-
Gus farm chattels and implements which
were covered by the policy also contained
two exclusion phrases. as follows:
"texcluding automobiles and electric
motors)" and
'texcluding threshing machines and en-
gines. gasoline and steam power engines
and machines.)"
HELD that corn shredding machine
which was always operated by gasoline
engine although 1t could be operated by
steam;. gasoline or horse power was
gasoline and steam power machine with
in the scope and meaning of the language
OF the second exclusion phrase and was not
within the list of chattels covered by the
insurance policy.
Porter, J., West, J., and Marshall, j.,
concurring.
Johnston, C. J., Bureh, J., and Mason, j.,
dissenting.
: true copy.
Attest d. A. VALENTINE,
tSeal) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-02-15

u. a. VALENTINE,
Clerk Supreme Court.
The Washington herald., 1919-11-18
Gnrrick - Washington Opera Com
pany in Faust"

IN honest triumph fos the com
munity opera movement was
achieved with the production last
night at the GarriCk Thoater Of
The Washington herald., 1919-11-18
ALEXANDRIA
fa1 aERALp suzEAu.

~ king strsst
Alexandra. Va. Nov. 1.-THE twen-
lty-third annual meeting OF the vir-
ginia state conference Of the Daugh-
ters OF the American Revolution viii
be opened at 10 o'clock tomorrow
morning In the, rooms Of the Cham
Der OF Commerce..
The program for the morning sss-
sion Includes: Invocation. the Rev.
w. J. Morton, d. D.. rector Of Christ
Church; address Of welcome, Mayor
Thomas A. Fisher; address Of well
come, Carroll Pierce, president Of the
Chamber Of Commences; response for
the State, Mrs. Robert L. Pierce.
State regent. vice president general
from Virginia; response for the Ma
.tional d. A. R.. Mrs. BENJAMIN L.
Purcell, vice president from Virginia:
report OF credentiaf committee; adj
dress. State Regent DR.. Kate Wal
Her Barrett; report of officers; adj
dress, Mrs. Thomas r. Walsh. wash-
ington. who was recently decorated
by the Queen OF Belgium for war
service. Mrs. Walsh win have an ex-
hibition from noon until 8 o'clock Of
articles made from cast-off materials.
The afternoon session win begin at
2 o'clock and the program to be Civ
en- follows: college Opportunities
for Women in Virginia." by the presi-
The Washington herald., 1919-11-18
COsmOs-'HelIO, judge"

Those of tine Cosmos audiences VINO
thought that the name of the head
liner. 'Oh, Judge" had a familiar
ring We're delightfully."- surprised to
find that the act has been moulded
into one of the daintiest and mCst at
tractiye of the seasons girl acts,
with host of pretty girls. some new
and beautiful songs and an altogether
pleasing cast, featuring Ruth Fran
els, blanche Boone, Victor Kahn and
Frank Thornton. n fairly good barry
tone. in the cKntucky Dream song,
the gem Of the collection.
The three Maxim guns open with a
varied and swiftly moving club Jug
Cling act that in many respects seems
to lead them all; Robinson, McCabe
and Robinson put over some song
hits and amusing comedy dialogue,
while the Rose Revue. presented by
James. Anderson and King, is nota-
BILE for exceptionally fine dancing by
Misses Anderson and King. Mr.. James
sings several songs quite well, ex-
Cept for an imperfect faIsetto, which
he could easily dispense with. Harry
Sterling, the one-man entertainer is
good natured. "chummy' and anus
ing in his varied features. the best
Of which is his Hawaiian guitar num-
bers. Frank Gardner and company
present The Golfers" billed as a
travesty, which moves sOwly until
its climax. which is strenuous, unique
and most effective.
But withal. Marva REIN. long a
Cosmos favOrite, is the star of a bill
of jazz, ragtime and popular songs
that she puts over with an mimi
table twitch and shiver that wins
laughter, followed always by big ap-
plause. The Mack Sehnett comedy,
'Salome VS.. Shenandoah" Is funny,
and Robert Warwick's new picture.
In Mizzoura." meIodramatic and
tragic. Pathe News pictures COM
pletes a well-balanced bill.
The Washington herald., 1919-11-18
Favor Laws.
PURELY PERSONAL.

Miss Rachel NJ. WoIstad. special
field representative of the Junior Red
Cross, Potomac Division. returned
yesterday from an official visit to
Doddridge County. w. Va.
Miss, Alice Carmody of WASHINGTON,
has Joined the Junior Red Cross
forces at the Potomac Division.
David II. Brown, manager of the
Potomac Division. a. r. c. L.. is a
frequent visitor to the Red Cross
Club. 2O09 N street northwest.
Mrs. Ina G. Rider spent Sunday af-
ternoon enrolling members for the
Red Cross at Catholic University.
Miss Mildred O'Brien now is at
tached to the public health nursing
department at National Headquarters,
A. r. c. Her home is in New York.
Prof. Robert Russ Kern, of the
economies department at George
Washington University. has recov-
cred from an illness of several
months.