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Per Curiam:
A thrashing-machine company held the defendants’ note, secured by a chattel mortgage upon an engine. The note not being paid at maturity, the chattel mortgage was foreclosed and the engine sold at public sale to the mortgagee for $100. The expenses of the sale were deducted and the net proceeds, amounting t... | [
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The opinion of the court was delivered by
Smith, J.:
This suit was commenced in the district court of Cowley county to compel the specific performance, by four of the defendants, of a written contract to convey certain lands to the plaintiff, and to bar four other defendants from any interest therein, and to quiet the ... | [
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Per Curiam:
The facts in this case are the same as those in Davies v. Benedict, ante, p. 47, except that there is involved another quarter of the same section of school-land. The cases were argued and submitted together. On the authority of the Benedict case the judgment in this case is affirmed. | [
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The opinion of the court was delivered by
Graves, J.:
Appellant was convicted in the district court of Republic county of the unlawful sale of intoxicating liquors, and appeals. The bill of exceptions contains numerous assignments of error, but only those which are insisted upon in the brief will be considered.
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The opinion of the court was delivered by
Porter, J.:
This is an appeal from a conviction under the prohibitory liquor law. The information contained thirteen counts charging sales, and one for maintaining a nuisance. Appellant was convicted under one count charging a sale, and also under the nuisance count.
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The opinion of the court was delivered by
Graves, J.:
The appellant was convicted in the district court of Dickinson county of being the keeper of a nuisance in violation of the provisions of the prohibitory law. Being dissatisfied with the conviction he has brought the case here for review. In his bill of exceptions h... | [
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The opinion of the court was delivered by
Johnston, C. J.:
This was an action of unlawful and forcible entry and detainer. F. A. Campbell leased a hotel' or residence building, a refectory and pagodas in Vinewood Park from E. W. Wilson for the park season of 1904, beginning about April 15 and ending about November 15, ... | [
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The opinion of the court was delivered by
Smith, J.:
The executors and trustees of the will of David Weaver, deceased, which will had been duly probated in the probate court of Harvey county, brought this action in the district court of that county to have the will interpreted and construed.
Christiana Hurst, being one... | [
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Per Curiam:-
The court is unable to discover any just cause for the defendant to complain of the judgment against him. He gave the note in suit, and has never paid it or offered to pay it. He had no right to contest the title to the note further than was necessary to preclude h}s future liability upon it. It was no con... | [
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The opinion of t¿e court was delivered by
Smith, J.:
The plaintiff sued the defendants for libel. The defendants in their answer alleged that they constitute the board of trustees of a church organization, and as such investigated charges against the plaintiff, who was a member' of the church, and as such trustees pass... | [
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The opinion of the court was delivered by
Porter, J.:
Whether equity will decree the specific performance of a contract rests entirely in judicial discretion, and always upon the facts of the particular case. (Hennessy v. Woolworth, 128 U. S. 438, 9 Sup. Ct. 109, 32 L. Ed. 500.) Before relief will be granted it must ap... | [
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The opinion of the court was delivered by
Graves, J.:
The appellants were convicted in the district court of Cloud county of being the keepers of a nuisance, in violation of the prohibitory law. From such judgment they have appealed to this court. They have assigned several errors in the bill of exceptions, the first b... | [
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The opinion of the court was delivered by
Burch, J.:
Plaintiff sued the railroad company for the value of a car-load of corn. The right to recover was predicated upon the defendant’s negligence. The corn was delivered to the company at Frankfort, on May 22, 1903, for transportation and delivery to the plaintiff’s agent... | [
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The opinion of the court was delivered by
Wedell, J.:
Plaintiffs institute an action in ejectment in order to obtain possession of an eighty-acre tract of land in Wichita county. A second cause of action in damages for unlawful detention was dismissed and requires no further consideration. The defendant filed an answer... | [
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The opinion of the court was delivered by
Thiele, J.:
This was an action brought by the payee of a check to recover against a bank which honored the check upon an allegedly unauthorized endorsement. The bank’s demurrer to the plaintiff’s petition was sustained and she appeals.
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The opinion of the court was delivered by
Harvey, C. J.:
This was a suit to enjoin the disorganization of a common-school district. The trial court heard the evidence, found generally for defendants, overruled plaintiff’s motion for a new trial and rendered judgment for defendants. Plaintiff has appealed.
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The opinion of the court was delivered by
Price, J.:
This case involves an intersection collision in the city of Wichita and is an appeal from an order of the lower court sustaining a demurrer to plaintiff’s evidence in an action brought by him to recover for personal injuries and damage to his automobile.
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The opinion of the court was delivered by
Harvey, C. J.:
The appeal in this case is from the judgment of the district court which approved and affirmed an order of the probate court appointing an administrator for the estate of Noel Erwin, deceased.
We are advised by counsel that on January 25, 1948, an automobile driv... | [
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The opinion of the court was delivered by
Harvey, C. J.:
This is a habeas corpus proceding by an inmate of our state penitentiary. In his verified petition he alleged that he was being held by respondent under commitment issued from the district court of Marshall county authorizing his imprisonment for a term of not le... | [
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The opinion of the court was delivered by
Burch, J.:
The defendant was convicted of violating an ordinance of the city of Emporia, which reads as follows:
“Every person, partnership or corporation engaging in the business of selling goods, wares or merchandise known as or advertised to be goods, wares or merchandise bo... | [
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The opinion of the court was delivered by
Greene, J. :
Edward Dore and his wife, Ellen Dore, recovered a judgment in the court of common pleas of Wyandotte county against the city of Kansas City, Kan., for injuries resulting to them by the death of their minor son, Edward Dore. It was charged that the death was occasio... | [
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The opinion of the court was delivered by
Greene, J.:
James Paxton was the occupant of the ' northeast quarter of section 26, township 30, range 1 east, in Sumner county, Kansas. The right of way of the Atchison, Topeka & Santa Fe Railway Company, which runs in a northeasterly direction over this land, is fenced. The P... | [
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The opinion of the court was delivered by
Burch, J.:
In this case the state, on the relation of the attorney-general, seeks to oust the defendant from the corporate franchise of charging and collecting from passengers on railroad-trains compensation for the use of seats and berths in its cars between stations in Kansas... | [
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The opinion of the court was delivered by
Burch, J.:
The suit in the distriejwcourt was brought to obtain a personal judgment on promissory note to the plaintiff signed by E. P. Diehl and Emma Diehl, and to foreclose a real-estate mortgage given by the makers of the note to secure its payment. The Diehls are husband an... | [
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The opinion of the court was delivered by
Johnston, C. J.:
Many errors are assigned on the rulings made in the various stages of the trial, but the first and controlling oné is based on the decision denying the petition for removal to the federal court. There was a remand on the first petition for removal, and under th... | [
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The opinion of the court was delivered by
Mason, J.:
Evan W. Jones brought ejectment against M. C. Sadler, and, failing to recover, prosecutes error. The defendant was shown to be in possession of the property in controversy under two tax deeds, each covering a part of the tract and each of which was good upon its face... | [
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Per Curiam:
The state, on the relation of the attorney-general, brought this suit to oust Peter Everhardy from the office of mayor of the city of Leavenworth, upon the ground that, having knowledge that many persons were constantly engaged in keeping and maintaining saloons, tippling-houses and dram-shops within the ci... | [
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Per Curiam:
A statement of the facts of this case will be found in a former decision relating to the same subject-matter. (Hunter v. Kramer, 71 Kan. 468, 80 Pac. 963.)
The decision of legal questions involved in the former hearing still meets our approval, but were it otherwise that decision, so far as applicable to th... | [
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96,
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48,
34,
84,
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The opinion of the court was delivered by
Greene, J.:
Pat Sweeney was given a preliminary examination upon a warrant in which he was charged with having committed a felonious assault upon Will iam Payne, with intent to maim and kill him, and was bound over to the district court. The information filed against him charge... | [
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5... |
The opinion of the court was delivered by
Graves, J.:
The residuary clause of this will is assailed upon the ground that it creates a trust which is not a public charity. The case of Troutman v. DeBoissiere, 66 Kan. 1, 71 Pac. 286, is cited as being directly in point and controlling upon this question. The argument of ... | [
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The opinion of the court was delivered by
JOHNSTON, C. J.:
Frank P. Plamondon was enjoined from keeping and selling intoxicating liquors in two rooms of a building in Topeka in violation of law, and from using or permitting the rooms to be used as a place for the unlawful sale of intoxicating liquors. Subsequently he w... | [
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Per Curiam:
All of the claims of error in this case are disposed of in the opinion in The State v. Taylor, ante, p. 417, with which it was submitted.
The judgment is affirmed. | [
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Per Curiam:
The controverted question in this case was whether there was fraud in the execution of the contract for the sale of jewelry upon which plaintiffs relied. If the signature of defendant was procured by the fraud of the plaintiffs the former is not bound, although he failed to read the paper to which he attach... | [
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The opinion of the court was delivered by
Mason, J.:
Archie Brown brought a suit against Job Gilpin to compel the specific performance of a written contract for the sale of real estate, and failing to recover, the trial court having sustained a demurrer to his evidence, prosecutes error. The case involves the statute o... | [
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48... |
Per Curiam:
This action was brought by the Atchi-son, Topeka & Santa Fe Railway Company to recover certain taxes, amounting to $282.08, levied upon its property in school district No. 99, in Neosho county, for the year 1904, plaintiff having paid the same under protest, alleging the taxes to be illegal, unauthorized an... | [
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97... |
The opinion of the court was delivered by
Smith, J.:
The defendant in error brought this action in the district court’.of Douglas county to recover from the Southwestern Port Huron Company $700, which he claimed was due him on account of the sale pf a road-roller under a written contract of agency. The ipsu.es were tri... | [
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52,
5... |
The opinion of the court was delivered by
Graves, J.:
The plaintiff in error objected to the introduction of any evidence under the petition, for the reason that it did not state facts sufficient to constitute a cause of action. The objection was overruled, and this ruling of the court is assigned as error. It is insis... | [
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The opinion of the court was delivered by
Smith, J.:
This case was brought here for the review of a former judgment therein, and after a decision was rendered a rehearing was granted and a second decision was filed. A general statement of the facts will be found by referring to these opinions, reported in 72 Kan. 293, ... | [
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Per Curiam:
This was a suit to enjoin the making of an embankment for use as a highway along the side of plaintiff’s land. The embankment operated to hold back upon plaintiff’s land water which overflowed the banks of the Republican river in periods of high water, and necessarily injured his farm. His testimony showed ... | [
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The opinion of the court was delivered by
Burch, J.:
The action in the district court from which this proceeding in error arises was one of ejectment. The land in controversy was state school-land. On June 16, 1885, it was sold to Maurice Walton, and a certificate of purchase was duly issued to him. On December 14, 189... | [
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The opinion of the court was delivered by
Smith, J.:
The principal question involved in this case is wh.ether the allegations of the answer were necessary to a complete determination of the rights of Mrs. Triekett and Rankin in the property. These allegations are: That at the time of the -purchase of the one-half inter... | [
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The opinion of the court was delivered by
Arn, J.:
This action is almost identical with the case of Topinka v. American Eagle Fire Insurance Co. of New York, ante, p. 181. While there is some slight variance in the facts, the issues of law and the contentions of the parties are the same as in that case.
At the close of... | [
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The opinion of the court was delivered by
Wedell, J.:
The primary question involved in this case is whether an appeal lies to the district court from the judgment of the juvenile court that a child under the age of sixteen years was not dependent and neglected.
Parties to the juvenile court proceedings were Grace B. Mu... | [
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3... |
The opinion of the court was delivered by
Smith, J.:
This action was begun by the United States of America making a demand in probate court in the estate of a decedent for the payment of two notes alleged to have been given an agency of the United States by decedent, and upon which it was alleged he had made only a sma... | [
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The opinion of the court was delivered by
Smith, J.:
This is an action for a real estate commission. Judgment was for the defendant and plaintiff has appealed.
The plaintiff in his petition alleged that he was a real estate broker and that in April, 1946, the defendant orally listed with him for sale two sections of la... | [
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The opinion of the court was delivered by
Price, J.:
The appellant was charged in two counts of an information, the first being for the larceny of one sow and four shoats, all over the value of $20, and the second count being for burglary and the larceny of certain articles of personal property, to wit: One mangle-, on... | [
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The opinion of the court was delivered by
Smith, J.:
This action in ejectment was brought in the district court of Pratt county by A. W. Ellis against A. M. Horner and Daisy M. Hutto to recover possession of 160 acres of land in that county. The case was tried by the court, without a jury. Judgment was rendered in favo... | [
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The opinion of the court was delivered by
Johnston, C. J.:
This was a suit to enjoin the delivery of a deed executed by Ethel Lake, as executrix of the estate of Joseph Hathaway, deceased, and to •set aside the orders of the probate court for the sale and confirmation of the sale of land in pursuance of which the deed ... | [
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9,
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The opinion of the court was delivered by
Greene, J.:
Richard L. Wilson and his wife, Laura M. Wilson, brought this action to recover the sum of $630, alleged to be due them from the defendants, the People’s Gas Company, a corporation, and the Atlas Crude Oil Company, a corporation. The plaintiffs signed an bil-and-gas... | [
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The opinion of the court was delivered by
Burch, J.:
The board of county commissioners of Cloud county prosecutes this proceeding in error to reverse a judgment rendered against it in favor of the board of county commissioners of Mitchell county for one-half the cost of repairing a bridge on the line between the two co... | [
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Per Curiam:
T. C. Moore sued to recover ten months’ salary as vice-president of the Baxter State Bank at $75 per month. The bank was organized in February, 1905. At a meeting of the directors the following officers were elected for one year: President, J. M. Cooper; vice-presidents, T. J. Morrow and T. C. Moore; cashie... | [
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... |
The opinion of the court was delivered by
Mason, J.:
Jake Wolfley appeals from a conviction upon a charge of stealing six head of cattle. The court concludes after a careful consideration of the briefs and record that no material error is shown. To discuss in detail each assignment made would extend this opinion unduly... | [
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The opinion of the court was delivered by
Smith, J.:
Gulliford became, the owner of a mill, and not being himself a miller employed McQuillen to operate it. Not long thereafter the two had a conversation or conversations in regard to selling or trading the mill, in which, according to McQuillen’s testimony, Gulliford a... | [
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The opinion of the court was delivered by
MASON, J.:
Robert and Charles Burgess prosecute error from a judgment for $1254 rendered in an action brought against them by Wiley Alcorn and several others. The plaintiffs in their petition alleged that they had bought a stallion of the defendants, receiving a written warrant... | [
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The opinion of the court was delivered by
Greene, J.:
Edwin Little brought this action against the St. Louis & San Francisco Railroad Company and the Kansas City, Fort Scott & Memphis Railway Company, jointly, to recover damages for personal injuries sustained by falling from one of their alleged defectively equipped f... | [
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48,
12... |
The opinion of the court was delivered by
Greene, J.:
This was a suit to enjoin the city of Topeka from exercising municipal authority over a strip of land as a public, highway. The trial court made special findings of fact and conclusions of law and rendered judgment thereon for the city. The plaintiff prosecutes this... | [
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7,
9,
-16,
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52,
59,... |
The opinion of the court was delivered by
Greene, J.:
Frank N. Masemore commenced this suit to quiet his title to certain lands. There were several defendants. Among others named were “- Whitney, and - Whitney, her husband.” The allegations in the petition referred to these parties as “-Whitney, and-Whitney, her husban... | [
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21,
11,
-59,
-39,
-8,
52,
... |
The opinion of the court was delivered by
Greene, J.:
The plaintiff in error made application to the probate judge for a druggist’s permit to sell intoxicating liquors. Upon a hearing the probate judge granted the license. From that judgment J. T. Burton and Thomas B. Godsey appealed to the district court, where the ru... | [
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7,
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73,
73,
48,
... |
The opinion of the court was delivered by
Greene, J.:
Dan Kaw-ke-kah was an adult Kickapoo Indian. T. J. Beall recovered a judgment against him before a justice of the peace in Brown county and filed a transcript thereof in the district court. Pearl Kaw-ke-kah. was Dan’s, mother and an allottee of the Indian lands in B... | [
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92,
-58,
3,
27,
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83,
96,
48,
111,
18,
1... |
The opinion of the court was delivered by
Mason, J.:
The Kansas City Northwestern Railroad Company is the owner of a line of railroad, including depots, terminal facilities and other property, with respect to which the' Chicago Great Western Railway Company has certain rights under a written agreement providing that th... | [
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92,
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77,
-40,
96,
52,
122,
... |
The opinion of the court was delivered by
BURCH, J.:
In an action brought before a justice of the peace the plaintiff recovered damages for the value of a quantity of unshucked corn injured and destroyed by trespassing cattle belonging to the defendants. Upon appeal by the defendants to the district court the plaintiff... | [
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41,
121,
-23,
2,
60,
59,
54... |
The opinion of the court was delivered by
Graves, J.:
This action was commenced in the district court of Neosho county to recover damages alleged to have been sustained by the negligence and unskilfulness of the defendant in “shooting” an oil-well. The defendant was in default of an answer, and made application to the ... | [
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4,
-120,
-19,
-64,
74,
56,
43,
... |
The opinion of the court was delivered by
Johnston, C. J.:
Curry'& Lohman, who were operating a thrashing-machine, purchased from A. Hardy a Parsons band-cutter and self-feeder for $245, for which they were to give him two notes payable at different times, one for $125 and the other for $120. The contract of purchase c... | [
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85,
-26,
-128,
-55,
-100,
-50,
-90,
41,
-17,
-7,
64,
48... |
The opinion of the court was delivered by
Johnston, C. J.:
W. P. Morris brought this action to recover from L. G. Francis $125 as a commission for finding a purchaser for the Francis farm. The selling price of the farm was fixed by agreement at $4200, but it was stipulated that in any event Francis should receive $4000... | [
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The opinion of the court, was delivered by
Burch, J.:
The state, on the relation of the attorney-general, brings this action to oust the .deféndant from the. exercise of the corporate franchise of receiving, transmitting and delivering intrastate telegraphic messages for pay. The defendant is a foreign corporation, and... | [
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-128,
-76,
... |
Per Curiam:
While F. R. Ogg was attempting to' cross the right of way and tracks of the St. Louis & San Francisco Railroad Company at a' public crossing in Johnson county an engine which was standing about 150 feet north of the crossing emitted steam, which so frightened his horse that it ran away and threw Ogg out of ... | [
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-26,
106,
69,
92,
-114,
37,
-23,
-24,
17,
-72,
32,
... |
The opinion of the court was delivered by
Mason, J.:
Otto H. Reemsnyder died intestate April 12, 1905, while holding the legal title to a tract of land. His brother, Harvey E. Reemsnyder, brought a suit against Otto’s heirs, claiming such title to have been held for the benefit of both of them and asking that he be dec... | [
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-96,
-51,
86,
-114,
4,
-88,
79,
-39,
84,
52,
47,
... |
The opinion of the court was delivered by
Parker, J.:
This is an appeal by a railroad company from a judgment rendered against it for damages under the wrongful-death statute on a verdict and special findings returned by a jury.
The pleadings are not in issue. All that needs to be said regarding them is that the petiti... | [
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52,
-102,
-24,
25,
16,
-76,... |
The opinion of the court was delivered by
Thiele, J.:
This appeal arises from an action in the nature of one for a declaratory judgment, the purpose being to determine title to real estate.
In the petition the facts necessary for consideration are fully set forth, and for present purposes are as follows:
Dana C. MacVic... | [
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2,
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18,
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5,
25,
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-35,
64,
52,
59,
24,... |
The opinion of the court was delivered by
Harvey, C. J.:
This was an action for damages brought against a jeweler by a customer who claimed that a diamond in a ring left by him with the jeweler for remounting was substituted for a diamond of less value. A jury trial resulted in a verdict for plaintiff, upon which judgm... | [
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70,
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12,
27,
-28,
-39,
8,
52,
59,
... |
The opinion of the court was delivered by
Arn, J.: This is an action to cancel a deed and to quiet title to 200 acres of Decatur county land. Plaintiff is the guardian of the grantor of the purported deed which was executed prior to said grantor’s adjudication as an incompetent person. The defendants are the only heirs... | [
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27,
108,
-7,
-64,
48,
-81,
... |
The opinion of the court was delivered by
Price, J.:
This was an action brought by the appellant against the appellee for an accounting and to recover an amount claimed to be due him growing out of the sale of his interest in a partnership that existed between the parties prior to its dissolution on July 11, 1942. For ... | [
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28,
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36,
-87,
-20,
-15,
64,
52,
-101... |
The opinion of the court was delivered by
Harvey, C. J.:
This was a proceeding under G. S. 1947 Supp. 24-498, by which the above named appellees, as petitioners, sought to have their lands detached from the appellant drainage district. The district was organized in 1935 under the drainage act of 1905 as amended (G. S. ... | [
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3,
-85,
73,
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-126,
52,
43,
... |
Per Curiam:
This was an actiori to recover upon two promissory notes given to plaintiff by the defendants for the purchase of a thrashing-machine engine, separator, and a wagon and certain attachments. The' plaintiff held a mortgage upon this and other property, which it had foreclosed, and, after paying the expensed t... | [
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100,
-7,
74,
48,
... |
The opinion of the court was delivered by
Johnston, C. J.:
Henry S. Wallace petitions the court for the release of his son from imprisonment in the state industrial reformatory. He alleges that on August 9, 1906, Russell Arthur Wallace was adjudged by the district. court of Miami county to be confined in the reformator... | [
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0,
52,
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54,... |
The opinion of the court was delivered by
Porter, J.:
W. T. Eggan brought this action against E. B. Emory to recover damages for the malicious prosecution of a civil action. A judgment was given in plaintiff’s favor for $556, which Emory seeks to reverse.
The facts in brief are that Eggan removed from Garden City to Wi... | [
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125,
32,
52,
63,
4... |
The opinion of the court was delivered by
Greene, J.:
The appellants were convicted of violating an ordinance of the city of Lebanon, a city of the third class, which provided for the levying and collecting of a license tax from persons doing business within the city. Among other things it provided that no transient me... | [
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74,
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32,
9,
81,
-40,
64,
52,
43,
... |
"The opinion of the court was delivered by
Smith, J.:
Sections 1016 and 1068 of the General Statutes of 1901 are practically identical as "to the preliminary steps necessary to give the mayor and council of cities of the second class jurisdiction to contract for and cause a street thereof to be curbed and paved, except... | [
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93,
-71,
93,
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-54,
-99,
70,
-62,
-53,
-36,
-82,
-125,
9,
-51,
-39,
96,
52,
58,
... |
The opinion of the court was delivered by
Mason, J.:
Joseph Huff appeals from a conviction upon a charge of violating the statute which forbids any one to practice medicine who has not received a certificate of qualification from the state board of medical registration and examination. The determina tion of the case in... | [
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74,
65,
92,
-50,
4,
41,
-39,
89,
-127,
36,
46,
88,
1... |
The opinion of the court was delivered by
Graves, J.:
This action was commenced by H. P. Beets in the district court of Miami county to recover damages sustained by cattle escaping from the stock-pens of the St. Louis & San Francisco Railroad Company at the station of Hillsdale. The plaintiff recovered the sum of $214.... | [
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89,
80,
60,
105,
... |
The opinion of the court was delivered by
Johnston, C. J.:
This was a suit to enjoin the' grading of a highway and the building of a culvert across it, which it was alleged would result in throwing water upon plaintiff’s premises to his serious injury. The highway in question is laid over a rolling-prairie country and ... | [
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93,
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48,
-118,
-107,
-26,
64,
76,
-40,
-122,
-122,
25,
-23,
-40,
64,
52,
... |
The opinion of the court was delivered by
Johnston, C. J.:
This is an original proceeding in quo warranto, brought by the state on the relation of the attorney-general against the city of Leavenworth to oust it from the exercise of assumed and unwarranted corporate powers and privileges. The petition contains two count... | [
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111,
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-117,
-75,
102,
-54,
-61,
-36,
-62,
5,
11,
-59,
-46,
88,
52,
... |
The opinion of the court was delivered by
Johnston, C. J.:
This is an action by James Murphy against the Missouri, Kansas &' Texas Railway Company to enforce an award made in a condemnation proceeding. In August, 1901, the Missouri, Kansas & Northwestern Railroad Company proceeded to condemn a right of way over land wh... | [
-16,
106,
-71,
-34,
-86,
98,
58,
-101,
97,
-15,
-92,
83,
-119,
-116,
0,
55,
-22,
-83,
-16,
122,
-26,
-125,
71,
-30,
-110,
-45,
-37,
-51,
-77,
88,
-28,
86,
76,
32,
10,
85,
-26,
66,
73,
28,
-114,
45,
-56,
-56,
89,
96,
60,
12... |
Per Curiam:
This was an action by D. J. Parks to recover the contract price of wheat sold and delivered by him to the Hutchinson Mill Company. The defense was by way of a counter-claim for damages, the mill company contending that it had bought several hundred bushels of wheat from the plaintiff at a certain price; tha... | [
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124,
-3,
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-63,
28,
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8,
61,
108,
-11,
64,
52,
59,
... |
The opinion of the court was delivered by
Greene, J.:
Margaret Magee entered into a written contract with Mortimer A. Benton to sell and convey to him the east half of the southwest quarter and ten rods off the south side of the northwest quarter of section 6, township 32, range 8 west, for $800. This suit was brought ... | [
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2,
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-87,
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-48,
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61... |
Per Curiam:
Considering the evidence in its aspect most favorable for the plaintiff the demurrer to the evidence was properly overruled. Applied to the facts of this case instructions 14 and 15 were erroneous and prejudicial to the plaintiff, and the new trial was properly granted on account of them.
The facts speciall... | [
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-64,
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-111,
-87,
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-29,
114,
52,
1... |
The opinion of the court was delivered by
Wedell, J.:
This is an appeal from an order of the district court overruling the demurrer of an heir, the widow of a decedent’s estate, to a petition of the administrator for final settlement and distribution and the overruling of the same demurrer to two portions of separate a... | [
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3,
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-55,
66,
48,
57,
... |
The opinion of the court was delivered by
Price, J.:
This is an appeal from a judgment rendered in an action brought for a declaratory judgment. The facts of the case are as follows;
A. E. Frazier, the owner of the fee simple title to 1,760 acres of real estate in Gray county, Kansas, died in December, 1938. In 1934 he... | [
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-55,
0,
50,
111,
11... |
The opinion of the court was delivered by
Smith, J.:
This is an action to enjoin defendant from violation of an alleged contract with plaintiff. Judgment was for the plaintiff. Defendant appeals.
The petition alleged that plaintiff was a nephew of defendant and both resided on what will be called in this opinion “Stony... | [
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101,
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2,
48,
... |
The opinion of the court was delivered by
Wedell, J.:
This is an appeal from an order of the district court overruling a motion filed by the administrator of a decedent’s estate, in his official capacity and as an heir, to dismiss an appeal of other heirs from the judgment of the probate court. The appeal was from the ... | [
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3,
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1,
-119,
-19,
65,
-113,
48,
-2... |
The opinion of the court was delivered by
Arn, J.:
This is a damage action for personal injuries sustained by plaintiff when he was struck by a guy wire while he was riding on top of a schoolhouse being moved through the city of Pratt, Kan., on July 1, 1946. Plaintiff was employed by the municipal power and light depar... | [
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8,
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69,
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108,
25,
64,
52,
126... |
The opinion of the court was delivered by
Parker, J.:
In this action plaintiffs seek a mandatory injunction to compel defendants to remove a dike or levee constructed on their own property, running in a southeasterly direction on the north side of a natural watercourse, and to fill up a ditch made in connection therewi... | [
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108,
-12,
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106,
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59,
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-13,
-13,
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-54,
-43,
102,
42,
-47,
-48,
-50,
7,
-102,
-51,
-47,
112,
52,
5... |
The opinion of the court was delivered by
Porter, J.:
A motion to dismiss is founded upon the failure to serve the adverse parties with notice of an order of extension of time in which to serve the case-made, in compliance with section 3 of chapter 320, Laws of 1905. That section authorizes the court or judge before wh... | [
-16,
-28,
-36,
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-22,
32,
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-80,
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109,
83,
-17,
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-10,
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-11,
-58,
74,
-107,
-44,
-50,
-95,
25,
109,
-15,
-118,
32,
... |
The opinion of the court was delivered by
Price, J.:
This is an action against the defendant insurance company for the amount claimed to be due plaintiff as beneficiary under a life insurance policy on the life of her husband with a double indemnity benefit rider attached. Payment was made on the face amount of the pol... | [
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125,
-68,
-83,
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96,
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93,
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85,
-26,
2,
-59,
18,
-50,
14,
-119,
-23,
-39,
66,
48,
123,
... |
The opinion of the court was delivered by
Smith, J.:
This was an action for damages alleged to have been sustained when plaintiff stepped into a hole in a sidewalk alleged to have been dug therein by agents of defendant, and left unguarded. Defendant’s demurrer to plaintiff’s petition was overruled and it has appealed.... | [
-43,
120,
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-17,
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-19,
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51,
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-123,
70,
-54,
79,
92,
-114,
-105,
-119,
-19,
-39,
2,
48,
59... |
The opinion of the court was delivered by
Arn, J.:
This is an appeal from an order of the district court of Leavenworth county refusing to grant the petitioner, Truman W. Powell, a writ of habeas corpus. There is no dispute as to the facts. On April 18, 1934, petitioner was sentenced in the state of Illinois for the cr... | [
16,
-32,
-11,
-65,
10,
-64,
10,
-104,
34,
-69,
38,
83,
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86,
1,
121,
58,
111,
81,
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114,
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-39,
-35,
51,
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72,
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-118,
21,
-26,
-40,
-59,
92,
-52,
5,
-119,
-35,
-48,
10,
48,
111,... |
The opinion of the court was delivered by
Porter, J.:
Various objections are raised to the validity of the first lease, based upon the fact that a portion of the premises was a homestead when the lease was executed. When the suit was filed and these objections were first set up, and when plaintiff procured his lease, t... | [
-15,
106,
-40,
12,
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96,
42,
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123,
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41,
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93,
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32,
74,
85,
-26,
-53,
65,
-44,
-114,
7,
-120,
97,
-39,
64,
52,
107,
... |
The opinion of the court was delivered by
Johnston, C. J.:
The basis of this proceeding is the denial of a motion asking that a judgment rendered against one corporation be modified by entering it against another corporation. The history of the litigation, briefly stated, is that on August 20, 1894, Olive J. Chapman ob... | [
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106,
-4,
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-118,
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-29,
61,
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-46,
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-107,
98,
-62,
65,
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-50,
4,
9,
-20,
-55,
64,
52,
43,
50... |
The opinion of the court was'delivered by
Porter, J.:
The action in the district court was for the recovery of damages for the alleged breach of a contract for the sale of a thrashing-machine. Defendant had judgment for costs, and plaintiff brings error.
The Northwest Thrasher Company has its main office at Stillwater,... | [
-112,
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56,
... |
The opinion of the court was delivered by
Porter, J.:
Plaintiff in error is treasurer of Ford county. In a suit brought by defendant in error the district court granted an injunction restraining the treasurer from proceeding to sell certain scbool-lands. The correctness of the judgment granting the injunction is the on... | [
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-18,
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-59,
-36,
-114,
-123,
-117,
78,
-39,
64,
52,
... |
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