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The opinion of the court was delivered by
Benson, J.:
These actions were commenced by creditors of the telephone company against that company and A. F. Eby, as garnishee. The plaintiffs will be referred to in this opinion as the bank, the Western company and the North company, respectively. All the actions are upon pro... | [
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The opinion of the court was delivered by
Johnston, C. J.:
In 1890 the owner of a tract of land in Greeley county mortgaged it to secure the payment of a note due in 1895. No part of the principal of this debt or the interest thereon was ever paid and no steps were taken towards keeping the debt alive or to enforce its... | [
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The opinion of the court was delivered by
Benson, J.:
The appellant .presents fifty-six assignments of error. Eight of these assignments are upon rulings made on challenges to jurors. Several jurors stated their belief that the bank had been robbed. This was a notorious fact that citizens of the county must necessarily... | [
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The opinion of the court was delivered by
Burch, J.:.
In the year 1893 John Ewing made his will. The fourth paragraph reads as follows:
“Fourth: I will and bequeath to my daughter, Mary .A. Nesbitt, nee Ewing, and to the heirs of her body, the south half (%) of the northwest"'quarter (%) of section No. twenty-one (21),... | [
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The opinion of the court was delivered by
Mason, J.:
A petition for rehearing has been carefully considered, but the court remains of the opinion .that the case was rightly decided. Supplementary to the original opinion it may be said that we do not determine that the action in Kansas on the Missouri judgment could not... | [
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The opinion of the court was delivered by
Johnston, C. J.:
G. W. Riley and his wife, Drucilla K. Riley, had two children named Haida Clothier and Allie G. Day. Haida Clothier adopted a child named Gertie McCaffrey. In 1907 Haida Clothier died intestate and left surviving her parents, her sister and the adopted daughter... | [
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Per Curiam:
These cases follow the judgment in Olson v. Peterson, ante, p. 350, and the judgments are affirmed. | [
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The opinion of the court was delivered by
Benson, J.:
This is an action in mandamus to compel the defendant school board to install a primary reading' chart in the district school and to pay the plaintiff $12 therefor.
It is alleged that the state textbook commission, in pursuance of the uniform textbook law, has adopt... | [
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Per Curiam:
Upon the showing made the court is of the opinion that the order made by the district court did not amount to a disbarment or suspension of the attorney, or to a denial of his right to be heard upon a formal application for a change of venue or for the selection of a judge pro tem. to try his cases. It can ... | [
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The opinion of the court was delivered by
West, J.:
J. W. Barker, a fireman on a switch engine of the defendant, sued to recover damages for injuries received by him upon the turning over of such engine while on a trip on the main track between Clinton and Altus, Okla. He alleged that on or about December 17, 1909, he ... | [
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Per Curiam:
Upon a reconsideration of the original as well as the supplemental abstract, the court adheres to the judgment of affirmance originally rendered and to the views expressed in the former opinion. (Kroenert v. Sawyer, 87 Kan. 374, 124 Pac. 418.) | [
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The opinion of the court was delivered by
Porter, J.:
Action to recover taxes alleged to be illegal which the railway company paid under protest.
Under the provisions of chapter 409 of the Laws of 1907 the county commissioners of Harper county were authorized to make a general levy of ten mills on the dollar for genera... | [
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The opinion of the court was delivered by
Porter, J.:
On December 12, 1908, the petitioners, having been tried and convicted of the crime of robbery on a railway train, were each sentenced to confinement and hard labor in the state penitentiary'• for a period of hot less than ten years. Section 1 of chapter 375 of the ... | [
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The opinion of the court was delivered by
Benson, J.:
It is contended that the information is not sufficiently direct and certain wherein it charges, poisoning by the administration of “cyanide of potassium and hydrocyanic acid, and also other drugs and poisonous substances to this county attorney unknown.” It is argue... | [
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The opinion of the court was delivered by
Johnston, C. J.:
This appeal involves the question whether a plaintiff must have a residence in the state for the period of a year prior to the bringing of an action in order to confer jurisdiction upon a court to grant a divorce. The appellant, a resident of Nebraska, brought ... | [
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The opinion of the court was delivered by
West, J.:
March 30,1901, the plaintiff, D. T. Dennis, married Hattie G. Perkins, a widow who had two sons, the defendants, by a former marriage. Their conduct worried their mother, and she was heard to complain that they wotild not see her or accept her presents and to say that... | [
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Per Curiam:
This action was brought by the appellee to recover damages for personal injuries alleged to have occurred to him through the fault of appellant in failing to provide for appellee a reasonably safe place to work while the appellee was wheeling brick for, and as an employee of, appellant.
The first contention... | [
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Per Curiam:
Plaintiff obtained a judgment against Kathleen Brown for $385 and costs on an account for merchandise sold to her while she was engaged in the-millinery business at Norton.
This is a creditor’s bill in which plaintiff seeks to-have certain real-estate conveyances and chattel mortgages executed by the judgme... | [
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The opinion of the court was delivered by
Smith, J.:
The appellant was, during the times referred to in the action, a grain merchant residing at Kansas City, Mo. During the years 1904-1906 he had places of business at Pine Bluff, Ark., and other places. W. p. Cook was in his employ and had charge of his business at Pin... | [
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The opinion of the court was delivered by
Porter, J.:
On June 23, 1910, the appellees commenced three'separate actions against appellants. The pleadings in each were alike and asked for the recovery of one-twelfth- of a half section of land in Ellsworth county, and for the same proportion of the rents and profits for t... | [
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The opinion of the court was delivered by
Porter, J.:
Wichita is a city of the first class having a population of more than fifty thousand and is governed by a commission. The state on the relation of the attorney-general questions the right of the city to exercise authority over two certain tracts of land adjoining th... | [
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The opinion of the court was delivered by
West, J.:
Main street in Cherryvale runs east and west and is intersected by Liberty street running north and south. At the intersection, and thence some distance east and west, Main street is paved with brick, the pavement being forty feet in width with a cement curb on each s... | [
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The opinion of the court was delivered by
Smith, J. :
The defendant was convicted of maintaining a nuisance, contrary to the prohibitory law, under section 2493 of the General Statutes of 1901. The information was in three counts. The first and second counts charged illegal sales of intoxicating liquors on the 26th day... | [
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Per Curiam:
This was an action to partition a fourteen-acre tract of -land in Doniphan county formerly owned by Safford W. Trowbridge. He died intestate, and this and other real estate descended to his heirs, Ellender W. Trowbridge, his widow, and six children. A judgment was subsequently rendered against the widow in ... | [
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Error from Harper district court. | [
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The opinion of the court was delivered by
Cunningham, J. :
It will be seen from the statement of the case that the court below took the view that the use by Henderson Brothers of the funds derived from the sale of the mortgaged goods for purposes not authorized by the chattel mortgage rendered the transaction wholly vo... | [
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Error from Reno district court. | [
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Error from Osage district court. | [
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31,
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-32,
-81,
92,
-114,
2,
-119,
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91,
43,
56,
36,
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Error from Harper district court. | [
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The opinion of the court was delivered by
Smith, J.:
In justification of the homicide the appellant relied wholly on the necessity for self-defense. The state was permitted to show at the trial that Jessie Doty was engaged to be married to Hoffman, and that appellant knew it; that the latter sought her company and invi... | [
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Per Curiam:
This was an action to quiet title-to a tract of land in Sedgwick City, Harvey county, which was held to have been dedicated for a public-park in Hurd v. Commissioners of Harvey County, 40 Kan. 92, 19 Pac. 325.
In a demurrer, Shattuck alleged that plaintiffs had no legal capacity to sue, and that facts suffi... | [
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The opinion of the court, was delivered by
Pollock, J.:
This is an action brought to recover from a railway company damages for the killing of nine calves, alleged to have been caused by negligence of the company in making a shipment of a car-load of seventy-two calves from the city of Chanute to the city of Burlington... | [
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The opinion of the court was delivered by
Smith, J. :
This was an action brought by plaintiffs below to enjoin the plaintiff in error from working at the barber trade in the town of Russell, in violation of the terms of a contract made by him with the plaintiffs. It is alleged in the amended petition that the parties e... | [
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The opinion of the court was delivered by
Johnston, J. :
Was the plaintiff entitled to an attorney’s lien on the funds in the hands of the defendants? or, Did the defendants render themselves liable to the plaintiff for the attorney’s fees by ignoring notice of the lien and by the payment of the entire amount in their ... | [
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Error from Kingman district court. | [
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The opinion of the court was delivered by
Johnston, J.:
John Gill was prosecuted for violations of the prohibitory liquor law upon an informa tion containing ten counts, and was found guilty of the charges stated in three of the counts. He appealed, and contends, first, that the information should have been quashed bec... | [
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The opinion of the court was delivered by
Smith,- J.:
This case was first decided and affirmed January 5, 1901. (63 Pac. 444.) A rehearing was granted later, and the questions involved have been fully reargued before the whole court, since it was enlarged by the addition of four justices, elaborate briefs being filed c... | [
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The opinion of the court was delivered by
Cunningham, J. :
On January 28, 1894, O. W. Goodlander, one of the plaintiffs in error, held a judgment against a corporation in which the defendants in error were stockholders, on which judgment there had been an execution returned unsatisfied. On that date, and after due noti... | [
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Error from Allen district court. | [
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The opinion of the court was delivered by
Greene, J.:
This litigation grew out of a condemnation of land for a public highway. The plaintiff in error appealed from the award of the board of county commissioners to the district court, where the cause was tried with the assistance of a jury. Several interrogatories were ... | [
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The opinion of the court was delivered by
Johnston, J.:
This was an action of replevin brought by A. L. Humphrey against Lee Mayfield, as sheriff, to recover a stock of merchandise which the sheriff had seized on executions issued against M. A. Yoakum and Mollie Yoakum. Humphrey's claim to the right of possession was b... | [
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Per Curiam:
Many questions are presented in this case and ably argued on each side by counsel, but in the view we have taken only one proposition calls for consideration in this court.
A mortgage on lands in Reno county was executed about March 1, 1887. It secured a bond with interest coupons attached, maturing on the ... | [
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The opinion of the court was delivered by
Pollock, J. :
This controversy arises over the construction of section 1, chapter 288, Laws of 1901 (Gen. Stat. 1901, § 517), recited in the bonds. This section reads:
“That section 1 of chapter 163 of the Laws of'1891 be and is hereby amended so as to read as follows : Section... | [
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Error from Cherokee district court. | [
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The opinion of the court was delivered by
Greene, J. :
The original petition in this action, among other things, contained the following allegations :
“That about the 8d day of April, 1891, fire was communicated from one of the defendant’s engines to the grass growing along, upon and near to the track of the said railw... | [
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Error from Sedgwick district court. | [
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Error from Cowley district court. | [
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Error from Osage district court. | [
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Error from Harvey district court. | [
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The opinion of the court was delivered by
Dostjer, C. J. :
This was an action brought by James Sigerson against the Cummings Harvester Company to recover certain money which he had paid to the company for one of its harvesting-machines. A verdict and judgment were rendered in plaintiff’s favor, to reverse which error h... | [
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38,
9,
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-7,
10,
52,
26,
... |
The opinion of the court was delivered by
Greene, J. :
This action was commenced in the district court of Cowley county by defendant^ in error- against plaintiffs in error to recover certain personal property, the possession of which they claimed had been obtained by fraud. A trial was had arid a verdict and judgment f... | [
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The opinion of the court was delivered by
Pollock, J.:
On the 4th day of October, 1899, plaintiff in error brought its action against defendants in error Gustin and wife on a promissory note for $1500, and procured an order of attachment to be levied on certain personal property as the property of defendant in error J.... | [
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8,
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72,
48,
... |
The opinion of the court was delivered by
Burch, J.:
From January, 1905, to January, 1911, the defendant was clerk of the district court of Morton county. On July 3, 1911, the county brought an action to recover sums of money claimed to be due it from the defendant, arising from the administration of his office. The co... | [
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2,
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2,
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-85... |
The opinion of the court was delivered by
Mason, J.:
The Carey Coal Company, an individual doing business under that name, sued the Beebe Concrete Company, a copartnership, upon an account. There was no controversy over this, but a trial was had upon a cross-demand. The defendants had furnished for the use of the plain... | [
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98,
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57,
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-7,
96,
52,
56,
1... |
The opinion of the court was delivered by
Johnston, C, J.:
This was an action brought by the state on the relation of the attorney-general to enjoin the board of education of the city of Great Bend from proceeding with the erection of a high-school building on a site which it had selected. The board of education having... | [
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-32,
54,
... |
The opinion of the court was delivered by
Smith, J.:
George D. Ragsdale sold a stock of merchandise, store furniture and fixtures to H. B. Cobban and J. H. Beach and evidenced the transaction by the following contract:.
“This agreement made and entered into this 18th day of April, 1910, Witnesseth: That:
“Whereas: H. B... | [
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93,
96,
48,
43,
34... |
The opinion of the court was delivered by
Burch, J.:
The firm of Whisnant & Danielson was engaged in the retail hardware and implement business at Idalia, Colo. Danielson owned all the property and Whisnant managed the business for a share of the profits. The firm sold out to Scott.. In part payment of the price Scott ... | [
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-28,
-7,
64,
52,
-103... |
The opinion of the court was delivered by
Smith, J.:
This, action was brought in the district court of Shawnee county for breach of contract- of marriage alleged .to have been entered into between appellant and appellee on the 8th day of November, 1909. Trial was had to a jury, and verdict was returned and judgment ren... | [
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Per Curiam:
This was an action to set aside the will signed by. Samuel Long, and the grounds of attack were that he lacked testamentary capacity to execute the will and that it was signed through undue influence exercised by his daughter, a beneficiary under the will. Much testimony was taken as to the capacity of Long... | [
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... |
The opinion of the court was delivered by
Burch, J.:
The plaintiff, .an employee of the defendant, sued for damages resulting from personal injuries occasioned by the fall of an elevator in the -defendant’s packing house. The plaintiff recovered and the defendant appeals.
The elevator is of the common friction-hoist ty... | [
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69,
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-71,
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52,
122,
... |
The opinion of the court was delivered by
Porter, J.:
The appellant, Gustav Witt, was guardian of the persons and estates of Theodore and Huida Witt, minors, from the time of his appointment in 1895 until his removal by the probate court of Stafford county in 1908, when U. G. Charles was appointed guardian. This is a s... | [
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-31,
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... |
The opinion of the court was delivered by
Burch, J.:
F. E. Mason deposited with the defendant a check for $250 and received credit therefor on account subj ect to check. Afterwards he drew a check on the bank in favor of the plaintiffs for $150, to pay for a diamond ring which he desired to purchase of them. .One of th... | [
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-77... |
Per Curiam:
This action was brought by the appellee to recover from the appellants a sum alleged to have been paid by him to the holders of the appellee’s promissory motes, which notes are alleged to have been given to 'appellants and the consideration for which was in whole or in part a patent right or an interest in ... | [
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99,
-62,
-43,
30,
-54,
-115,
9,
109,
-7,
64,
52,
59,
... |
The opinion of the court was delivered by
Burch, J.:
The plaintiff, Kaill, sold a tract of land to the defendant, Bell, and received in part payment •of the price an order for the purchase of a book described as “Bell’s Louisiana Portfolio” signed by the board of school directors of a parish in Louisiana. The order pro... | [
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-54,
-43,
-26,
74,
73,
-40,
-18,
33,
11,
76,
-7,
65,
48,
1... |
The opinion of the court was delivered by
Porter, J.:
Action to foreclose a mechanic’s lien. The defendant, F. J. Arnold, is the owner of two residence lots in the city of Wichita which he authorized a real-estate agent to sell for him. They were vacant lots and the price at which they were listed was $250. The agent s... | [
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-12,
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-107,
-90,
-62,
69,
88,
78,
-123,
-119,
96,
-39,
64,
52,
27,
... |
The opinion of the court was delivered by
Porter, J.:
Appellants .brought this action praying for the abatement of a nuisance and for an injunction against the appellee from maintaining the same. The court found in favor of the railway company, and gave judgment against appellants for costs. The appellee owns and opera... | [
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-27,
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52,
123,... |
The opinion of the court was delivered by
Smith, J.:
The appellees, as copartners doing'business in the name of the O. K. Family Laundry, were the owners of certain laundry machinery, fixtures and appliances, which were located in a building owned by Mrs. Cubbon in Wichita.
The appellees, with their wives, entered into... | [
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65,
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1,
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-3,
64,
52,
107,
... |
The opinion of the court was delivered by
Mason, J.:
Carey McLain obtained a judgment in Missouri against M. V. B. Parker. He sued upon it in Johnson county, Kansas, attaching real estate there and elsewhere, including a tract in Wyandotte county. The plaintiff died and the action was revived in the name of his executr... | [
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The opinion of the court was delivered by
Burch, J.:
The plaintiff sued for compensation for his services as undersheriff of McPherson county, and recovered. The board of county commissioners appeals.
The plaintiff based his right to recover on chapter 210 of the Laws of 1907. The title and section 1 read as follows:
“... | [
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The opinion of the court was delivered by
Burch, J.:
A meandering stream called Chisholm creek formerly flowed in a southerly direction through the eastern portion of the city of Wichita and emptied into the Arkansas river some miles south of the city limits. In the year 1907 the city constructed a canal for the-purpos... | [
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14,
11,
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-39,
72,
54,
107... |
The opinion of the court was delivered by
Mason, J.:
A resident of New York died while owning stock in a corporation organized under the laws of Kansas. Action was brought in this state against his administrators to compel the payment of an inheritanee or succession tax upon the transfer of the stock.’ .Judgment was re... | [
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4,
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109,
-3,
32,
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-23,
114,... |
The opinion of the court was delivered by
Mason, J.:
W. J. Tramel, a millwright in the employ of the Armour Packing Company, was required to make some repairs in the meat-cutting department of the packing plant, near the ceiling, which was about twelve feet high. To reach the place he stood' upon a ladder about' sixtee... | [
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-86,
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121,
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56,
12... |
Per Curiam:
The petition filed in this case alleges, and the answer admits, the execution of a written contract between the appellant and the railroad company, by the terms of which the appellant was to grant or procure the right of way and to grade the same for. a spur track about two. thousand feet, more or less, in ... | [
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-28,
-39,
96,
48,
... |
The opinion of the court was delivered by
Mason, J.:
An action was brought to restrain the enforcement of an ordinance for the collection of a poll tax for road purposes. A demurrer to the petition was sustained and the plaintiffs appeal. The only question involved is whether the statute as it now exists authorizes a c... | [
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67,
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-85,
-51,
-7,
96,
52,
105,
9... |
The opinion of the court was delivered by
Porter, J.:
The plaintiff sued upon a promissory note and for the foreclosure of a mortgage given to secure the same. The court rendered judgment for the defendants, and the plaintiff appeals.
The petition alleged that on the 26th day of March, 1906, the Gardners executed to W.... | [
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9,
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64,
48,
91,
... |
The opinion of the court, was delivered by
Smith, J. :
This is a proceeding in error prosecuted to reverse a decree of the district court foreclosing a mortgage. In 1875 Alfred Allen purchased forty acres of farming land in Lyon county and occupied it with his wife and family until his death, in 1890. He left a will de... | [
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-49,
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-119,
101,
-47,
64,
52... |
The opinion of the court was delivered by
Smith, J. :
On the 6th day of April, 1889, school district No. 52, in Harper county, included within its boundaries twenty-two sections of land. On that date the county superintendent of public instruction formed a new district within the territorial limits of the first, consis... | [
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... |
The opinion of the court was delivered by
Doster, C. J. :
This is an appeal from a judgment of conviction of arson. On the trial, one Reynolds, a witness for the state, testified to a material matter substantially different, so the defendant claimed, from his testimony relating to the same matter given on the prelimina... | [
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32,
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54,
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The opinion of the court was delivered by
Cunningham, J.:
An application for a change of venue was made and overruled. It was supported by a large number of affidavits which tended to show the hostile feeling of the inhabitants of the county against the appellant, and generally expressed the opinion that he could not o... | [
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Error from Lyon district court. | [
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Error from Coffey district court. | [
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Error from Barton district court. | [
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105,
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40,
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The opinion of the court was delivered by
Greene, J.:
The appellant and another were indicted by the grand jury of Montgomery county, the charging part of the indictment reading as follows :
“That John E. Turner and Dan Late, late of said county and state, on or about the 25th day of May, A. d. 1897, at the said county... | [
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-87,
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0,
-76,
101... |
The opinion of the court was delivered by
Dosteb,, O. J. :
This was an action to foreclose a mortgage on real estate. The mortgage was executed by Charles Black, Brettun Crapster, and Caroline L. Bangs. These persons were the heirs of one Margaret Brettun, deceased, in whose name the legal title to the land stood of re... | [
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116,
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7,
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77,
-39,
64,
52,
59,
... |
The opinion of the court was delivered by
Greene, J.:
There was no allegation in the answer of either Hill or Logan that the Western Farm Mortgage Company, or either of its successors, was the agent of Walter, the owner and holder of the note and mortgage, nor was there any evidence produced on the trial tending to est... | [
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45,
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125,
-28,
-43,
13,
48,
-54,
85,
-26,
3,
-63,
116,
-122,
4,
8,
68,
-39,
64,
48,
31,
68,... |
The opinion of the court was delivered by
Doster, C. J. :
This was a garnishment proceeding brought by the National Wall-paper Company, the creditor, against William Kincaid, the garnishee. C. A. Garrett and H. O. Kincaid, as a partnership, owed the National Wall-paper Company. Each of them was individually indebted to... | [
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... |
The opinion of the court was delivered by
Ellis, J. :
In this court, by oral argument and in its brief, the defendant in error challenges the right of the plaintiff to recover upon his petition, on the ground that the Robbs were necessary parties to the action. Without passing upon the merits of this contention, it may... | [
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82... |
Error from Oowley district court. | [
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88... |
The opinion of the court was delivered by
Doster, O. J.:
The appellant was convicted on four counts of the offense of selling intoxicating liquor. He was sentenced under the first count to confinement in the county jail for forty-five days and to the payment of a fine of $100. A like sentence was imposed on him under a... | [
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48,
91,
66,
... |
The opinion of the court was belivered by
Smith, J.:
This was an action brought by W. M. Barber to recover damages from the plaintiffs in error for breach of the covenants of warranty in a deed executed and delivered by them to him on May 28, 1893. The deed contains the usual covenants of warranty, seisin, for quiet en... | [
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68,
52,
107,
... |
The opinion of the court was delivered by
Pollock, J. :
Plaintiff, Stephen Martin, leased sixty acres of unbroken prairie land to defendant, Anton Hamersky, for a term of two years, commencing March 1, 1895, and ending March 1, 1897. The consideration expressed in the lease reads as follows :
“For the use of said premi... | [
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... |
The opinion of the court was delivered by
Johnston, J.:
William Miller was charged with unlawful sales of liquor and with, maintaining a place where liquor was unlawfully sold. The complaint contained three counts, the first two of which charged unlawful sales of liquor at particular times, and the third the maintenanc... | [
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32,
-... |
The opinion of the court was delivered by
Pollock, J. :
This was an action brought by the board of county commissioners of Labette county to recover from George Campbell, probate judge of said county for two years beginning January, 1893, and his bondsmen, certain sums of money collected by Campbell as probate judge in... | [
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4... |
The opinion of the court was delivered by
Johnston, J.:
In an action brought by J. Y. Dean to recover on a promissory note originally executed by W. H. Rice, James Turner, and C. L. Rice, the defense was made by O. L. Rice that he had signed the paper as surety, and had been released by an extension of time granted wit... | [
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11,
... |
Error from Labette district court. | [
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7,
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56,
33,
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Error from Chautauqua district court. | [
-78,
120,
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Error from Lyon district court. | [
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The opinion of the court was delivered by
Johnston, J. :
This was an action brought by J. A. Hopkins, as sheriff, to recover the balance due on a bid made by the Farm Land Mortgage and Debenture Company at a mortgage sale of real estate. In a foreclosure proceeding brought by the company named, a judgment for $2150 was... | [
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57,
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-11,
104,
52,
59... |
The opinion of the court was delivered by
Greene, J.:
The defendant in error commenced this action in the district court of Pawnee county, against plhintiffs in error to quiet the title to the •southeast quarter of section 5, township 23, range 15 west, in said county, alleging that he was the ■owner and in actual poss... | [
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-114,
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-119,
92,
-39,
96,
52,
... |
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