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Abbott, J.:
This is an appeal by Farm Bureau Mutual Insurance Company, Inc. (Farm Bureau) from an order in a garnishment proceeding whereby Farm Bureau was ordered to pay United States Fidelity & Guaranty Company (USF&G) and Sue Hokanson a judgment rendered against Debra Cookson.
This action arises out of a one-car acc... | [
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Meyer, J.:
The appellant, Gary Gammill (defendant), was taken into custody February 2, 1977, in Galena, Kansas, and subsequently transported to Crawford County and placed in detention in the Children’s Court Center in Pittsburg, Kansas. While going through intake procedures at the center, the Crawford County sheriff se... | [
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Parks, J.:
This is an action brought pursuant to the Kansas Automobile Injury Reparations Act, K.S.A. 1975 Supp. 40-3101, et seq., commonly known as the Kansas No-Fault Insurance Act. Summary judgment for the defendant was entered on April 19, 1977. Plaintiff appeals.
As we turn to the factual background of this disput... | [
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Spencer, J.:
Defendant was convicted of the unlawful possession of a firearm in violation of K.S.A. 21-4204(l)(b), which provides:
“(1) Unlawful possession of a firearm is:
“(b) Possession of a firearm with a barrel less than twelve (12) inches long by a person who, within five (5) years preceding such violation has be... | [
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The opinion of the court was delivered by
Benson, J.:
The appellants ask for the reversal of a judgment correcting a mistake in a deed of conveyance made by the Osage Carbon Company to H. B. Miller.
The appellants contend that the cause of action is barred by lapse of time, that the mistake was not a mutual one, and th... | [
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The opinion of the court was delivered by
West, J.:
The plaintiff school district by vote of the inhabitants, at an election duly called, decided that the levy for school purposes for the ensuing year should be seven mills on the dollar or so much thereof as was necessary to raise $8000. The county commissioners and co... | [
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The opinion of the court was delivered by
Smith, J.:
The complaint in this case against the appellant was filed in the court of Topeka, Shawnee county. The complaint alleged that on the-day of September, 1911, in the county of Shawnee and state of Kansas- C. W. Hanchette was the manager of a certain store, particularly... | [
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Per Curiam:
The court is satisfied with the decision in this case (87 Kan. 391, 124 Pac. 420) and with the - opinion therein, but to be more explicit adds the following :
In an action for negligence, when the petition states a cause of action and the plaintiff, in the. opening statement to the jury, undertakes to detai... | [
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The opinion of the court was delivered by
West, J.:
Bohman owned a farm on which Lofsted contracted to build a house for $1600. The contractor bought his materials of Burbeck & Lucas, lumber dealers, who filed a subcontractor’s lien for $559.53. Bohman paid Lofsted $1015 on the contract and furnished material and labor... | [
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The opinion of the court was delivered by
Burch, J.:
The action in the district court was commenced by Arrington to recover the value of a horse which he owned and which was injured in a collision with an automobile driven by Horner. The jury returned special findings and a general verdict favorable to the defendant. J... | [
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The opinion of the court was delivered by
Burch, J.:
Curtis Stokley, William Williams and George Tindle were jointly charged with the crime of perjury. Separate trials were hot demanded and the trial resulted in the conviction of Stokley and Williams and the acquittal of Tindle. The convicted defendants appeal and alle... | [
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Per Curiam:
Appellants were adjudged to be guilty of contempt of court in violating an injunction restraining them from keeping and maintaining a nuisance in the Planter’s hotel, in the city of Wichita. The objection that leading questions were asked furnishes no ground for reversal, and the remaining one that the evid... | [
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Per Curiam:
In the motion for rehearing in this case a remark made in the opinion is construed as a criticism of the abstract—that it was not sufficient to present the question contended for. This is a mistake.. The abstract is unobjectionable; it narrates the evidence and does not copy it from the record.
The contenti... | [
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The opinion of the court was delivered by
Mason, J.:
A writ of mandamus is sought to compel the county board of -canvassers to reconvene and make a new canvass of the votes cast for governor in several of the precincts of Bourbon county at the recent election. An alternative writ has been issued and the case has been h... | [
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Per Curiam:
The plaintiff claims that he was appointed and that he duly qualified as a member of the board of directors of the Kansas state penitentiary for the full term beginning April 1, 1893, and ending April 1, 1896, and that on July 8, 1895, the governor made an order for his removal and then appointed M. M. Beck... | [
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The opinion of the court was delivered by
Benson, J.:
This action is- to recover one-half of the commissions received by the appellee on the sale of Texas land in pursuance of an alleged agreement to divide commissions received by either party in that business.
The evidence of the appellant tends to prove that the part... | [
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The opinion of the court was delivered by
Johnston, C. J.:
This was an action brought by the appellee, Alice Lehnen, against the appellants, E. J. Hines & Company, to recover damages for injuries sustained by her while she was a guest at the Mecca, the appellants’ hotel, at Coffeyville, Kan. She alleged and offered pro... | [
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Per Curiam:
At the close of the opinion in this case (Kansas City v. Serum Co., 87 Kan. 786, 125 Pac. 70), it was said:
“We have nothing to consider but the petition itself and we think its allegations taken as true show that the place complained of is so conducted as to be a nuisance and that the plaintiff is entitled... | [
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The opinion of the court was delivered by
Mason, J.:
George M. Townsend sued the Missouri Pacific Eailway Company, alleging in substance that it employed him to furnish twenty-three men and teams to work upon its right of way, under a contract that the employment was to continue for nine months; that he was discharged ... | [
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The opinion of the court was delivered by
West, J.:
Section 1 of chapter 163 of the Laws of 1911 provides:
“That any husband who shall, without just cause, desert or neglect or refuse to provide for the support and maintenance of his wife in destitute or necessitous circumstances; . . . shall be guilty of a crime and, ... | [
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The opinion of the court was delivered by
Porter, J.:
This is an appeal from a conviction in the district court of Cloud county for a violation of the prohibitory law. The information was filed June 28, 1911, charging the appellant in the first five counts with illegal sales, in the sixth and seventh counts with taking... | [
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The opinion of the court was delivered by
Smith, J.;
The appellee brought this action in the
district court of Sedgwick county to recover on a promissory note for $1600 executed by appellant L. W. Thompson, and by H. L. Hale as surety, and caused a garnishee summons to issue to the Fourth National Bank of Wichita. L. S... | [
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The opinion of the court was delivered by
Johnston, J.:
The question presented for our decision is, Has a court power to divide a judgment of conviction in a criminal case into sections and pronounce parts of it from time to time and at different terms of court?
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The opinion of the court was delivered by
Smith, J. :
This was an action in replevin brought by Benjamin F. Talbott against Mills and Matthews for the recovery of the possession of two mules. It appears that the animals were bought by one Homer Talbott, son of the defendant in error, and afterward were levied on under ... | [
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Error from Harvey district court-. | [
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Per Curiam:
This was an action in ejectment, brought by J. B. Cook to recover possession of certain real estate claimed by the Missouri, Kansas & Texas Railway Company to form a part of its right of way and station grounds in the city of Chetopa, and by the railway company leased to plaintiff in error. The claim of def... | [
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The opinion of the court was delivered by
Pollock, J.:
This was a proceeding for injunction brought in the district court of Franklin county to restrain the building of a fence between the northeast quarter and northwest quarter of section 9, Lincoln township, in said county, upon a line between said quarter-sections e... | [
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The opinion of the court was delivered by
Johnston, J.:
These cases were tried mainly upon the same testimony and involve substantially the same questions, the principal one being the right to set off one judgment against another after the lapse of considerable time and the intervention of the rights of others, and may... | [
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81,
-46,
-45,
-47,
-35,
-71,
-20,
-26,
87,
76,
48,
74,
-67,
102,
-53,
-59,
22,
-114,
-127,
-8,
76,
-37,
80,
48,
126... |
The opinion of the court was delivered by
Johnston, J.:
This was an action brought by H. O. Root to recover from the city of Topeka the sum of $2500, as compensation for legal services alleged to have been rendered for the city in the action of the State of Kansas, ex rel., v. The Topeka Water Company. The city contend... | [
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9,
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66,
52,
89,
50... |
Error from Miami district court. | [
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The opinion of the court was delivered by
Greene, J. :
The defendant in error was the owner of forty-five shares of stock in the Bank of Andale, and the plaintiff in error was a depositor in said bank. On October 17, 1893, the bank suspended business, owing plaintiff in error. A receiver was appointed, and his final re... | [
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32,
48,
... |
The opinion of the court was delivered by
Pollock, J.:
The sole question for our determinaupon this record is, Does the promissory note in question constitute a valid demand against the estate of the deceased ?
Leroy Neale, the attorney, was the agent of the deceased for the purpose of making the deposit of papers in t... | [
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... |
Error from Sumner district court. | [
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Error from Sumner district'court. | [
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Error from Franklin district court. | [
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89,
105,
36,
44,
... |
Erroi; from Osage district court. | [
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Error from Edwards district court. | [
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33,
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Error from Oowley district court. | [
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88,
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7,
15,
77,
113,
43,
44,
61,
88... |
The opinion of the court was delivered by
Smith, J.:
In an action brought by the defendant in error against the Greenwood County Cooperative Exchange Association, a corporation, on an account for goods sold and delivered, a writ of attachment was sued out at the commencement of the suit and levied on personal property ... | [
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9,
101,
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-60,
52,
-81,... |
Error from Leavenworth district court. | [
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60,
97,... |
Error from Chautauqua district court. | [
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120,
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3,
13,
-4,
-39,
105,
60,
3... |
The opinion of the court was delivered by
Greene, J. :
The plaintiff "in error brought this action in the district court of Harper county, Kansas, on a promissory note signed by O. O. Fowler, Matilda Fowler, Orion Fowler, and C. R. Fowler, to recover a personal judgment against said defendants and a foreclosure of a mo... | [
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Appeal from Reno district court. | [
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9,
0,
56,
97,
... |
The opinion of the court was delivered by
Pollock, J. :
Plaintiff in error, a judgment creditor of defendant in error S. E. Jocelyn, in the sum of $973 and interest thereon, and $111.97, costs of action, garnished defendant in error the Fourth National Bank of Wichita, Kansas. The bank filed the statutory affidavit, de... | [
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8,
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73,
52,
... |
Error from Reno district court. | [
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38,
-121,
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124,
89,
0,
60,
... |
Error from Barber district court. | [
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126,
-8,
-49,
42,
-95,
0,
12,
88,
3,
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87,
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25,
73,
36,
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-38,
... |
Error from Anderson district court. | [
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31,
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0,
-91,
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3,
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110,
-7,
107,
36,
104,
... |
The opinion of the court was delivered by
Geeene, J. :
The defendant was convicted in the district court of Mitchell county, Kansas, of the violation of the prohibitory law. The information, after, specifically describing the building and the lot upon which it was situated, in Cawker City, .charged that the defendant, ... | [
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6,
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5,
-87,
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82,
-120,
60,
59,... |
The opinion of the court was delivered by
Cunningham, J.:
The theory upon which the court found for Goodley Bros, upon the above statement of facts evidently was’ that, because Goodley Bros, had engaged Willis to thrash 1000 acres of wheat, they had a right to recover any damages which any one. had suffered because of ... | [
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... |
Error from Wilson district court. | [
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... |
Error from Montgomery district court. | [
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6,
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121,
41,
52,
36,... |
Per Curiam:
This was an action upon a promissory-note and to foreclose a mortgage securing the same. Judgment was entered against the plaintiffs in error. In order to bring the errors complained of into the record, it was necessary for them to file a motion for a new trial, which they did, but the overruling of the sam... | [
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-89,
9,
-27,
-7,
66,
48,
123... |
The opinion of the court was delivered by
Greene, J.:
The defendant in error commenced this action in the district court of Sumner county against the plaintiff in error and the R. j Waddell Investment Company, to cancel a certain mortgage on, and quiet the title to, certain real estate in the- city of Wellington. The W... | [
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7,
10,
-28,
-37,
64,
48,
127,
... |
The opinion of the court was delivered by
Doster, C. J. :
This case has been twice argued, prior and subsequently to the increase of membership of the court under the recently adopted constitutional amendment, and we have given to it* much earnest thought. The case is a novel one, and its peculiar features have been gi... | [
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68,
60,
63,
18,
... |
Error from Cowley district court. | [
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1,
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88,
-58,
7,
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-35,
121,
9,
36,
121,
88,
5... |
Error from Labette district court. | [
-14,
-4,
-71,
-2,
-114,
-95,
0,
-118,
65,
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34,
87,
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71,
-124,
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-50,
7,
13,
-4,
-37,
107,
56,
33,
... |
Error from Kingman district court. | [
18,
125,
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-33,
26,
97,
8,
14,
73,
-109,
106,
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-19,
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-4,
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31,
70,
-120,
-89,
88,
-50,
3,
-119,
-11,
83,
11,
52,
96,
8... |
The opinion of the court was delivered by
Cunningham, J.:
The plaintiff in error was acreditor of the Citizens’ Bank of Mound City, of which the defendant in error was a stockholder to the amount of $1500. After the bank had suspended business for more than a year the plaintiff brought an action against the defendant t... | [
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5,
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-7,
72,
52,
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Error from Reno district court. | [
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65,
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92,
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21,
70,
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-81,
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38,
-121,
-119,
124,
89,
0,
60,
... |
The opinion of the court was delivered by
Johnston, J. :
This was an action of replevin brought to recover the possession of a cider-press, of which a conditional sale had been made by the Hydraulic Press Manufacturing Company to J. H. Whetstone in July, 1895. Among other things, the contract provided that the cider-pr... | [
-78,
126,
-40,
-115,
26,
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Error from Montgomery district court. | [
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The opinion of the court was delivered by
Ellis, J. :
The principal question in this case was whether Gustave Schwartz acted as the agent of defendant Bever in making the purchases which constituted the basis of the action, or whether such, purchases were made upon his own account and credit. If the plaintiffs chose to... | [
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The opinion of the court was delivered by
Pollock, J. :
Two contentions are made by counsel for plaintiff in error to work a reversal of the judgment below: (1) That the taking of the quitclaim deed by the bank operated to merge the mortgage held by it in the legal'title so taken, and thus gave priority to the mortgage... | [
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The opinion of the court was delivered by
Johnston, J.:
This is a proceeding brought to review a judgment rendered against J. F. Glick and in favor of Hattie H. Lowe and others by the district court of Coffey county. The jurisdiction of this court is attacked by the defendants in error upon the ground that they have ne... | [
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Error from Montgomery district court. | [
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Per Curiam:
Edward M. Lawson died after having executed a will, in which he devised to his wife, Elizabeth, a life-estate in their homestead, which stood in his name, and a life-interest in his personal property, with remainder to their children, Perry and Mary. The widow remarried and afterward died, leaving as surviv... | [
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Error from Cowley district court. | [
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The opinion of the court was delivered by
Cunningham, J.:
The plaintiff in error in this action seeks to enjoin the collection of all taxes levied for school purposes in school district No. 79, Marion county, Kansas, in excess of two per cent, on the taxable property owned by it in said district.
A “graded-school distr... | [
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Error from Cowley district court. | [
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Error from Cherokee district court. | [
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The opinion of the court was delivered by
Greene, J.:
In December, 1895, the plaintiffs in this action sold to J. L. Bolles a certain ice-hoisting machine, for the recovery of which this action was brought. At the time of the purchase of the machinery, Bolles executed his note for the payment of the purchase-price, and... | [
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Error from Franklin district court. | [
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The opinion of the court was delivered by
Doster, C. J, :
This was an action of injunction to restrain the collection of taxes on real estate. It was brought by defendants in error against plaintiff in error, as county treasurer, and also against the city of Empire. The board of county commissioners was not made a part... | [
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The opinion of the court was delivered by
Cunningham, J. :
This was an action brought by the plaintiff in error, as plaintiff below, upon a note given by the defendants in error to Smedley Darling-ton, and to foreclose a mortgage on real estate given to secure the same. The note was dated March 1, 1893, and became due ... | [
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... |
The opinion of the court was delivered by
Cunningham, J.:
The appellant was convicted in .the district court of Elk county on eight counts of an information charging him with a violation of the prohibitory law. The first count set forth the offense as follows :
“The said defendant, Frank Shinn, having procured from the... | [
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Error from Cowley district court. | [
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Per Curiam:
This is an action in injunction brought' by the several plaintiffs against the city of Paola, J. W. Tatham, as city clerk, John F. Donahoe, as mayor, and Geo. W. Seaver, as treasurer of Miami county, to restrain the collection of a special assessment made on the separate property of each of the plaintiffs f... | [
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... |
The opinion of the court was delivered by
Greene, J.:
The appellant was complained of under section 80 of the crimes-and-punishment act (Gen. Stat. 1901, § 2071) :
“Every person who shall steal, take, and carry away any money or personal property or effects of another, under the value of twenty dollars (not being the s... | [
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The opinion of the court was delivered by
Johnston, J.:
William Herbert was prosecuted on a charge of burglariously entering the residence of Simon Gilson in the night-time with the intent to ravish Helen Louisa Gilson. He was convicted, and now insists that the evidence does not sufficiently connect him with the crime... | [
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■The opinion of the court was delivered by
Greene, J.:
Zalmon Kincaid, Robert Kincaid and Joseph Kincaid were engaged in the banking business at Pleasanton, Kan., under the firm name of Hood & Kincaid. Kincaid & Bro. was a trading partnership ■composed of Zalmon Kincaid and Robert Kincaid, and ■doing business at Mound ... | [
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The opinion of the court was delivered by
Smith, J.:
This was an action of replevin brought by McCray to recover thirty head of cattle, based upon an agistor’s lien. It was brought against H. C. Jackson, the owner of the pasture in which the cattle grazed during the summer and fall of 1896, Henry Waldo, the owner of th... | [
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Per Curiam:
This is a proceeding brought by the state, on the relation of the county attorney of Cherokee county, to oust the Galena Water Company from exercising the functions and powers of a- corporation under the laws of the state. The failure of defendant to make and file with the city clerk a sworn report, as requ... | [
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The opinion of the court was delivered by
Pollock, J.:
This action was brought by H. J. Woolacott against O. E. Case and George L. McNeal to recover the contract price of a shipment of wine made by plaintiff from Los Angeles, Cal., to defendants at Wichita, Kan. A demurrer to the petition was sustained, and, plaintiff ... | [
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Error from court of appeals, northern department. | [
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Per Curiam:
This action was brought in the district
•court of Franklin county by Belle Saville, one of the heirs at law of Maria Saville and L. W. Saville, against Bessie Saville and others, as heirs of said' Maria and L. W. Saville, to partition certain real -estate belonging to said estate. There seems to have been n... | [
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The opinion of the court was delivered by
Pollock, J.:
Appellants were arrested and tried on the charge of grand larceny in the stealing of a saddle, convicted of petit larceny, and now appeal to this court. The sole claim of error relied on for reversal by appellants arises on the instructions of the court to the jury... | [
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Error from Reno district court. | [
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The opinion of the court was delivered by
Johnston, J.:
This was an action by the executors and legatees of the estates of M. L. Eobinson, deceased, and of M. L. Eead, deceased, to quiet title to a tract of land in Cowley county as against Gladys M. Hargis, H. C. Hargis, and James McDermott, or to be subrogated to the ... | [
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Error from Montgomery district court. | [
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70,
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-83,
92,
-18,
6,
-117,
84,
121,
41,
52,
36,... |
The opinion of the court was delivered by
Doster, O. J.:
This was an action of mandamus to compel the canvass of a vote for mayor and the issuance of a certificate of election. The peremptory writ was allowed by the court below, and from the order of allowance this proceeding in error has been instituted. Albert Parker... | [
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2,
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... |
The opinion of the court was delivered by
Greene, J.:
The plaintiffs in error, the Smith - McCord Dry-goods Company, the Hargadine-McKittrick Dry-goods Company, Phelps, Dodge & Palmer, Rothschild Bros., L. Beard & Co., and Harding & Co., commenced this action in the district court of Osage county against defendants in ... | [
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41,
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-35,
64,
48,
-21... |
The opinion of the court was delivered by
Greene, J.:
This action was commenced in the court below by plaintiffs in error to recover from the defendant in error upon two separate attachment, bonds. The first cause of action states that on March 25, 1889, T. R. Rice & Co. commenced an action in attachment against the pl... | [
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The opinion of the court was delivered by
Smith, J.:
The first assignment of error relates to the admission of the stub-books showing the shares of stock issued to the defendant below. It is claimed that the entries on these books were written by another person than the witness who produced them, and hence copies were ... | [
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Error from Sedgwick district court. | [
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Error from Lyon district court. | [
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Appeals from Leavenworth district court. | [
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Error from Lyon district court. | [
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0,
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3,
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41,
52,
32,
... |
The opinion of the court was delivered by
Smith, J.:
The first assignment of error is that the evidence in regard to the shipments of beer ordered and received did not tend to prove any of the specific sales charged, and therefore should have been excluded. The State v. Schoenthaler, 63 Kan. 148, 65 Pac. 235, is cited ... | [
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-112,
48,
10... |
The opinion of the court was delivered by
Porter, J.:
In a suit which involved other matters the appellee, Calhoun, filed his answer and cross petition on December- 31, 1904, against Ed. Anderson, and sought to have a deed absolute in form executed by him to Anderson on December 15, 1902, declared to be a mortgage, and... | [
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-103,
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-40,
-64,
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... |
The opinion of the court was delivered by
Mason, J.:
Carey McLain obtained a judgment in a circuit court of Missouri against M. V. B. Parker, both being residents of Kansas. He then sued upon the judgment in this state. While the action was pending he died, and it was revived in the name of his executrix. The defendant... | [
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99,
... |
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