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The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, January 19, 1918, POSTSCRIPT, Image 14

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TH"R TOPEKA DAILY STATE JOURNAL SATURDAY EVENING, JANUARY 19, 1918
LEGAL
iTubliabed In TheTopeka State Journal
Junnury lit, WIS.
SUPREME C0U,il SYLLABI
No. 21,11.1.
H. Aaron aud U. W. Goss, Appellees.
kL M. Uothroi-k uu'l C. B. Dickens.
jt Appellants
m Appeal from Munttfiimry County.
"7 AKKI KM Kl K
Syllabus. By tbe I'ourt. M:ison, J.
"1. Where an oil and tens lease n executed
tff a member of a group of buyers, who
ferites title for the benefit of a!l, one who
bsyt from the trustee with notire of the
txiiHt uequlres no beueficiul title against
Lfce actual owuers.
Where an oil ami gas lease negotiated
l3 several U'snees is tuittle to one of them
fr the benefit of all. he by apreeiuent ad-Vttnr-lnfr
the purchase prti-e and drawing
wpon the others for their respective shares,
the drafts being puid, Uieir rluirus thereto
cannot be defeateil on the ground that tbe
Uiiis.'H'tfon amounts to an oral contract
Jjr the sale of au interest i-niii-emlng lands.
Where without any fraudulent Intent
an oil mid tins lease Is executed to one of
Severn 1 purchaHers all of whom u in
pftylnur tlie consideration, under an agree
ment that h Is to hold It for the benefit
all, neither the trywtee nor any pur
ofcaser from him with tiotb-e of his fidu'-i-awy
rapacity, can defeat the irnst on the
iwouiid that It was not created or evi
denced by writtng. even assuming that a
L&ist in relation to such lease is one con
Cexning real estate.
4. Where sueh a trustee innkes a "tale of
tne lease and receives the proceeds thereof,
one of the beneficial .'Wners who, with
Knowledge of the facts, elects to look to
the trustee for his share of the purchase
THrtce. thereby ratifies the sale and pre
cludes hitnseif from claiming title to the
lease as against the purchasers.
All the .In st ice concurring.
A trim copy.
Attest: . 1. A. VALKNTINK.
4 Seal.) Clerk Supreme Court.
V No. -21.221.
Lemuel I, Suodgruss, Appellant,
vs.
Thomas O. Suodgruss and W. J. Pirtle, Ap
pellees. Appeal from Morris County.
At' t'lUMKD.
Syllabus. By the Court. West, J.
1. A testator who had purchased certain
land Including the triangular piece in the
northwest corner of a eertaiu section north
of a certain road devised such land to his
two sous, one to have the east half and tbe
other the west half of the entire tract, as
It was described in the deed. One of the
brothers gave a bond in the sura of $1.K to
quiet In the. plaintiff the title to the tri
angular strip "containing 1U'J acres, more
or less." The testimony showed that the
defendant. Suodgruss. brought a suit in his
brother's name against himself and another,
resulting iu findings to the effect that in
the deed to the ancestor and In the will the
trip In question was bounded on the south
by the wrong road, leaving 40 acres be
tween the two roads anil making 76.45 acres
Instead of 122 acres comprised in tbe tri
angular strip. Instead of a decree quiet
ing title to the 7i.4u acres tbe obligor in the
bond tendered to his brother, the plaintiff,
a quit claim deed, he having asserted a
mineral lease -covering the strip iu ques
tion and other lands. The plaintiff testi
fied that be was not certain of the num
ber of acres but he was to take whatever
number there were for the consideration
named in the bond. Held, that the court
committed no materially prejudicial error
iu sustaining a demurrer to the plaintiffs
evidence.
2. While the tender of the quit claim deed
was on condition that it be accepted in sat
isfaction of the bond, which condition had
no proper place in such tender, still as the
deed itself effected the quieting of the
title In the plaintiff to all the land he
could rightly claim, such wrongful condi
tion is held not to have rendered the tender
void.
S. While no reformation of the bond was
ought or made in this action, defendants
were not materially harmed or prejudiced
by tbe fact that the trial court treated tbe
Instrument .as if reformed, so that the de
scription of the tract lu question would cor
respond to the deed to and the will by the
ancestor.
4. As the testimony showed that the
plaintiff is not entitled to the 4d acres
between the two roads it was not error to
refect evidence of its value or evidence of
the value of the land deeded in considera
tion of the bond sued on.
All the Justices concurring.
A true copy.
Attest: P. A. VALKNTINK.
(Seal.) Clerk Supreme Court.
No. 21.2R0.
J. B. Ladd. Appelle
vs.
F. W. Flato, Appellant.
Appeul from Greenwood Couutv.
AFFlltMKI.
Syllabus. By the Court. Pawsou, J.
Kecord examined and held sufficient to
Justify the trial court's decision tha an ap
plication for u continuance on account of
sickness of a litigant was not made in
good faith, that the pretended sickness was
only feigned, and that the purpose of the
Application was merely to hinder and delay
tbe administration of Justice.
T All the Justices concurring.
A true copy.
Attest: t. A. VALKNTINE,
(Seal.) Clerk Supreme Court.
No. 21.17d
Gerald S. Coburn and K.
pel lees.
Kosher, Ap-
.1 oh ii W. Simpson. Appellant.
. -Appeal from Butler Couutv.
MOMI'IKD.
8 1 la bus. By the ourt. Mason, .1.
1. An Instrument which described Itself
as a "will testament." by which the signer
uudertook to "will" a part of his property
to bis sous, and the remainder at his death
to his whlow, who was uamed as admin
istrator, no word being used appropriate
to a p re se n t g ra n t. held t o h a re bee n
wholly testamentary in character, although
acknowledged and recorded and not wit
nessed. 2. When a cause was called for trial the
prVtles filed a stipulation that certain
statements were facts in the case. ( right
to Introduce further evidence being ex
pressly reserved. The plaintiffs then
moved for judgment in their favor on the
pleadings and findings. Held, that such
a motion could only be rightfully sustained
St the answer failed to state a defense, or
f It or the agreed statement of fm-ts con
tained something fatal to the defendant's
recovery. For the purpose of such mo
tion the allegations of the answer, unless
contradicted by the agreed statement, must
tw assumed to be true, although not re
ferred to in the stipulation.
3. The answer although characterizing as
s deed the instrument described In the
foregoing paragraph number one, and re
lying on It as conveying title to the land
therein referred to, held to have also pre
sented the Issue of the passing of title by
an oral gift, followed by possession and
lasting aud valuable Improvements.
AH the Justice concurring.
A true copy.
Artist: - D. A VALKNTINF.
(Seal.j Clerk Supreme Court.
No. 21.181.
Leon B roquet. Appellee,
vs.
William N. Mosier and Katie J. Mosier,
Appellants.
Apteal from Rawlins County.
AFFIRMED.
Syllabus. By the Court. Marshall. ,T.
1, In a foreclosure action, the district
trt has Jurisdiction to render judgment
,f default, on personal service, without
the uotes and mortg?tge sued on being filed
with the clerk or presented to the court.
2. It Is not n fraud on the defendants
tn a foreclosure action, for the plaintiff
co fall to file with the clerk or to present
to the court the notes and mortgage sued
on, pr to Introduce any evidence in sup
port of the petition, where personal service
has been made and judgment Is rendered
bv default.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
(Seal.) Clerk Supreme Court.
No. 21Wi.
The State of Kansas, ex rel, Herbert E.
Ramsey, County Attorney , of Neuo
County. Kansas, Plaintiff.
vs.
The Citv of Hutchinson and Clay Town
ship, Reno County, Kansas, defendants.
Orlcinal Proceeding in Quo Warranto.
Demurrer to Petition Overruled.
Syllabus. By the Court. Mason, J.
I. The aatj may maintain quo warranto
against a city for the pnrpose of determin
ing its tfi'e boundary, where Ita fault on
Sii'3 lu cot).':clig iis territorial jurisdic-
LEGAL
tion within too narrow limits, as well as
where it undertakes to extend them too
fur.
2. By virtue of the statutory require-
raent that tbe subject of an ordinance of a
citv of the first class) shall be clearly
expressed in the title, the tortion of an
ordinance which undertakes to exclude ter-
Htory from the corporate limits is held
to be Ineffective bcause the only purpose
expressed in the title Is "extending the
limits or the citv. irom otnerwise ascertaining me laci u
.. A petition In quo warranto against safety, then it is bis duty to stop to make
a city, charging it with unlawfully refus- sure of his safety before crossing,
ing to exercise jurisdiction of a tract of 3. Utile followed that a driver of an
laud within the corporate limits, held to automobile cannot recover damages for
allege by fair implication that such tract injury to himself and bis machine in a col
has not been excluded from the city un- Hslou with a trolley car occasioned by the
less that result followed from tne auopuon
of t he ordi na nee referred
All the Justices concurring.
A true copy.
Attest: 1. A. VALKNTINK,
(Seal.) Clerk Supreme Court.
No. 21.177
Noah Neal, Appellee,
vs.
A. K. Kent, Appellant.
AppeaT from Heno County.
AFFIRMKI.
;v!lfhua Itv the Court. Porter. J
The case was taken by appeal from the
city court to the district court, where both
rtui-tto u'itlinnl- nttleetinn filed amended
pleadings and the case was tried resulting
In a Judgment for the plaintiff. Subse
quently the act creating the city court was
declared unconstitutional and void. State
ex rel.. v. Iteming. i8 Kan. 420. 15S Pac.
:i4. Held, that the district court having
jurisdiction of the subject-matter and of
the parties, it was too late for defendant
to question its jurisdiction either to en
tertain the appeal or to permit amendments
to the pleadings.
AM the Justices concurring.
A true copy.
Attest: !. A VALKNTINK.
SeuI.) Clerk Supreme Court.
No. 21.1!.
The Studebaker Corporation, Appellant.
vs.
W. J. Bell. Appellee.
Appeul from Lyon County.
KKVKKSKD.
Syllabus. By tbe Couf-f. Porter, J.
In an action on a promissory note exe
cuted by defendant as principal and two
others as sureties, the answer pleaded pay
ment to the sureties and that they were
agents of the payee and authorized to re
ceive payment. Held, that the finding
upon which the judgment in favor of the
defendant rests, is contrary to the evi
dence and tbe undisputed facts.
All the J ustices eoneu rring.
A true copy.
Attest: I. A. VALKNTINE.
(Seal.) Clerk Supreme Court.
No. 21.209.
The State of Kansas, ex rel., S. M. Brew
ster, Attorney General, Appellee,
vs.
The Topeka National Live Stock Insurance
s Company, Tbe Central National Mutual
Hail Insurance Company, et al., and Clay
Hamilton. Receiver. Appellee, James
Burns, Intervenor, Appellant.
Appeal from Shawnee County. First
MiviBion.
AFFIRMED.
Syllabus. By the Court. Marshall, J.
Where one contracts with the state agent
of an insurance company to render service
for the agent, and renders such service
under the contract, the contractor must
look to tbe agent for his compensation.
All tbe Justices concurring except Daw
son. J., who did not fit.
A true copy. '
Attest: r. A. VALENTINE.
(Seal.) Clerk Supren e Court.
No. 21.194.
The Empire Cream Separator Company,
Appellant,
vs.
F. C. Abbott, Appellee.
Appeal from Riley Couuty.
AFFIRMED.
Syllabus. By the Court. West, J.
Evidence and findings examined and the
latter are held not to be inconsistent or
unsupported.
All the Justices concurring.
A true copy.
Attest: T. A. VALENTINE,
(Seal.) Clerk Supreme Court.
No. 21.224.
August Burzlo. by his next friend, Pauline
Burzio, Appellee,
vs.
Tbe Joplin & Pittsburg Railway Company,
. Appellant.
Appeal from Cherokee County.
AFFIRMED.
Syllabus. By the Court. Marshall, J.
1. Where a jury has been properly in
structed concerning negligence and reason
able and ordinary care and diligence, the
answers to special questions which depend
for their interpretation on the definition
of those terms, state facts aud not con
clusions of law.
2. The negligence of a father in driving
an automobile across a railroad track with
out stopping, looking, or listening, cannot
be imputed to his ten-year-old sou who Is
riding with him. -
:t. Liability of a railway compnny'fop In
juries to those riding in an automobile,
sustained In a collision with a train at a
highway crossing, may be founded on the
com patty's negligence In allowing weedh.
grass, and brush to grow on Its right of
way so as to obstruct the vision of those
riding in the automobile while they are
approaching the railway track.
4. The general verdict must Stand where
the answers to special questions, when
properly interpreted so as to support tbat
verdict, are consistent therewith and do
not contradict each other.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
(Seal.) Clerk Supreme Court.
No. 21.2m
E. S. Seapy. Appellant,
vs.
R. V. Smart, Appellee.
Appeal from Cherokee County.
Reversed and Remanded.
Syllabus. By tbe Court. Johnston, C. J.
Where a farm is rented on the condition
that the tenant shall pay the landlord a
certain share of the crops, and it is also
agreed tbat the landlord shall provide
cattle and hogs, the increase and profit
from them to be divided on a specified
basis, aud the landlord falls to furnish the
cattle and bogs in accordance with bis
agreement but the tenant continues to
ocenpy and raise crops upon tbe farm after
the breach of the agreement by the land
lord, the tenant is not relieved from the
payment of rent but is entitled to recover
or recoup the damage actually sustained
by reason of the landlord's default.
aii tne Justices concurring.
A true copy.
Attest: D. A. VALENTINE.
(Seal.) Clerk Supreme Court.
No. 21,227.
Jacob Matney, Appellee,
vs.
B. F. Bush. Receiver, etc.. Appellant.
Appeal from Allen County.
REVERSED.
Syllabus. By the Court. Dawson, J.
The Workmen's Compensation Act does
not extend to the case of a workman en
gaged in Interstate commerce who without
his employer's fault Is injured in the course
of his employment. Following New York
Central It. It. Co. v. Winfleld. 244 U. S. 147.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
(Seal.) Clerk Supreme Court. .
No. 21.235.
Michael Chllietti, Appellant,
vs.
Missouri, Kansas & Texas Railway Com
pany, Appellee.
Appeal from Cherokee County.
AFFIRMED.
Syllabus. By the Court. Fortei, J.
Where a railway corporation baa been
placed in the hands of a receiver under an
order directing hlin to take into his' pos
session and control all the assets and prop
erty of the corporation and to oerate tbe
railway, service of summons In an action
against the railway corporation, upon a
station agent who is in the employ of the
receiver, and had formerly occupied the
same position for the corporation, is not
good service as to the corporation.
A1W tbe Justices concurring.
A true copy.
Attest: D. A. VALENTINE.
(Seal.) Clerk Supreme Court.
No. 21.211.
C. E. Willtama. Appellee,
vs.
Tbe lola Electric Railroad Comnany,
nellar.t.
Ap-
Appeal from Allen County.
REVERSED.
Syllabus. By the Court. Dawson, J.
1. A breach of a speed ordinance of a
citv bv an intemrban trolley car Is n?glig-
LEGAL
ence per ae; but to subject the owner of
the trolley car to liability for the violation
of the citv ordinance in a damage suit
by a private litigant tt must Appear that
the disobedience of the ordinance caused
or aggravated the damages. ,
It is not required in this state In all
cases that one about to cross a railway
track must stop, look and listen to assure
himself that he can cross tu -safety; but
where obstructions to his view prevent him
drivers attempt to cross a railway irac
without stopping to i seer tain that he could
cross in safetv, when owing to obstructions
to his view, that fact could not have been
otherwise ascertained.
4. Plaintiff .was driving his automobile
along a public street and approached a
raUway crossing, but owing to obstructions
to his view could not ascertain whether
there was any car coming on the railway
track, and he did not stop to ascertain
that fact. At flfteei feet from the track
nothing prevented him from seeing an ap-
proacinng car. nut, ne am not see it uum
the front of his automobile was eight feet
from the track, and he was then unable to
atnn hi Miitomnbile In time to Ore vent a
collision. HELD, that plaintiff was guilty
of such contributory negligence as will bar
a recovery or damages agamsi tne iroucj
car company.
AH the Justices concurring.
A true copy.
Attest D. A VALE NT I NFS,
Sea.J Clerk Supreme Court.
No. 21,220.
A. R. Klukel, Appellant,
vs.
Fred F. Chase and Mabel P. Chase, Appel
lees. Appeal from Morris County.
Reversed and Remanded.
Syllabus. By tbe Court. Porter, J.
1. The omission of the clerk to perform
tbe ministerial duty of recording a judg
ment does not destroy the judgment,
nor does its validity or effect remain in
abeyance until it is formally entered on
the journal.
2. A judgment against the defendant In
a suit in the nature of a creditors' bill will
not inure to the benefit of another creditor
of defendant who is neither party nor
privy to the judgment.
H. A surety who satisfies a judgment
against his principal, and flies with the
clerk notice of his intention to claim re
payment under ?Kction 44 ot ine oe,
nun nil the rio-hta and remedies of an owner
of the ludgment for the purpose of enforc
ing repayment. (
4. in a suit in toe nature or a creuuor
bill, held, that It was error for the court
to sustain a demurrer to the evidence
Ail the Justices concurring.
A true copy.
Attest: P. A. VALENTINE.
(Seal.) ' Clerk Supreme Court.
No. 21.247.
Clayton L. Stuart, Appellee,
VS. 4
The City of Kansas City, Kansas, Appel
lant.
Appeal from Wvandotte County.
Third Division.
REVERSED.
Syllabus. B the Court. Marshall. J.
1. An employee was injured by having
mortar playfully or wantonly thrown into
his eve, bv a fellow workman. The Injured
employee waa at the time engaged iu his
regular wora or mixing ana carrying mor
tar. The fellow workman was in the habit
of playing pranks or jokes on the other
workmen, and tbat habit was known to
tbe immediate superiors of tbe Injured em
ployee. The employment was governed by
the workmen's compensation act. Held,
that the in lured employee is entitled to
compensation under that act for the injuries
innicted on mm; ana iurtner neia tnac tne
mere fact that an injury to an employee is
occasioned by the sportive or malicious act
of a fellow employee does not of Itself
establish that the injury arose out of tbe
employment.
2. Under the workmen's compensation
act. a workman who is injured by accident
arising out of and tn the course of the
performance of his labor Is entitled to com
pensation although h cannot explain how
the accident occurred.
3. The amount of compensation fixed by
tbe judgment does not appear to be ex
cessive. All tbe Justices concurring.
A true copy.
Attest: D. A. VALENTINE.
(Seal.) Clerk Supreme Court
No. 21.603.
Tbe First National Bank of Junction City,
Plaintiff,
VB.
Rodger Moon, et al.. as Officials of Geary
County; Samuel T. Howe et al., as Tax
Commissioners of tbe State of Kansas ;
The First National Bank of Anthony;
The Farmers National Bank of SaJlni ;
The Emporia State Bank, of Emporia,
Defendants.
Original Proceeding in Mandamus.
Writ Allowed in Part and Denied in Part.
No. 21,213.
The Interstate Mortgage Trust Company,
Appellant,
vs.
Fairfax Barnes, as County Clerk, and
Nina Woodford, as County Treasurer,
Appellees.
Appeal from Labette County.
AFFIRMED.
Syllabus. By the Court. Burch, J.
1. The tax contemplated bv section
11.236 of the General Statutes of 1915, re
lating to taxation of national banks, state
banks, and loan or investment companies,
is a tax on shares of stock In tbe hands
of stockholders, and not a tax on capital
stock or assets, the property of the cor
po rati on.
2. Shares of stock are to be assessed
at their true value, which may or may not
coincide with their bookkeeping value
The assessed value of real estate
generally, and not merely the banking
house or office building, and real estate
representing an investment of original cap
ital stock, may be deducted from the
value of shares of stock.
4. No deduction may be made for real
estate in other states owned by state
banks, national banks, or loan or invest
ment companies.
5. lu tbe case of state banks, the de
duction on account of real estate necessary
for the convenient transaction of business.
Including furniture and fixtures, may not
exced the value of the real estate which
the bank has capacity to hold for that
purpose.
8. The limitation stated in No. 5 does
, not apply to national banks or loan or In
vestment companies.
7. No deduction from the assessed value
of shares of stock of banks can be made
on account of real estate acquired In the
ordinary transaction of business which is
retained beyond tbe periods limited by
the state and federal laws for holding such
real estate.
8. The classification of loan or Invest
ment companies with state and national
banks for purposes of taxation is a reason
able classification, which does not Infringe
the constitutional requirement tnat taxes
shall be assessed and levied at a uniform
and equal rate.
I. The prohibition upon deducting from
the value of shares of stock of state banks
and loan or Investment companies the
value of real estate situated in a foreign
state does not infringe the 14th amend
ment to the constitution of the United
States.
10. The prohibition does not result in
double taxation by this state.
11. Conduct of the state tax com
mission In arriving at the true value of
shares of stock, not fraudulent or
arbitrary or capricious aa to aramnt to
fraud, is not subject to review ' by the
courts.
All the .'ustices concurring.
A true copy.
Attest: T, A. VALENTINE.
(Seal.) Clerk Supreme Court.
No. 21.241.
Emma Mae Townsend, Appellee,
vs.
C. A. Seefeld. Appellant.
Appeal from Rooks County.
AFFIRMED.
Syllabus. By the Court. West. J.
1. The instructions given, none being
requested by the defendant, - sufficiently
covered the issues between the parties and
fairlr statPd the law.
2. The findings, in fceordance with the
evidence of the oialntifT. convicted the de
fendant of such malicious and oppressive
conduct as justly to render him liable to
the imposition or smart money.
t. The nllowance of actual damages was
nroperly based on physical and mental suf
fering caused by he defendant's comluet
and not alone on nervous shock.
4. While the .ilaintlff received from the
dctenaaot no wonnu or cruise, tne reamr
LEGAL
of his conduct was a miscarriage accom
panied with very severe pain. Held that
such result can not be classed as mental
suffering.
5. It was proper to Inquire into the
financial condition of the defendant to
the end that the finding as to punitive
damages might be intelligently made.
AH tbe Justices concurring.
A true copy.
Attest D. A. VALKNTINK.
(Seal. Clerk Supreme Court.
No. 21.252.
In re Tne Estate of Howard W. Heivly, In
sane (Emma E. Heivly, Appellant.
M. M. Miller, as Guardian, Etc.. Appellee.)
Appeal from Shawnee County.
(Division No. 1.)
AFFIRMED.
Syllabus By the Court. .folivmfrm. C. .?.
Following the rule stated in Roe v. Roe.
52 Kan. 724, 35 Pac. 808, it is held thnt a
Judgment in a divorce action, making a
division of property and reciting that -it
was a final and fulr adjustment of all prop
erty rights and claims between the partirs.
la a bar to recovery upon an allowance
previously made by the probate court 'to
the wife against the estate of the husband
for expenses that were incurred and paid,
while the marriage relation existed and
while she was guardian of his person and
estate, and before the divorce was granted.
All tbe Justices concurring.
A true copy.
Attest: I. A. VALENTINE.
(Seal.) Clerk Supreme Court. J
No. 21.25M.
James H. Elliott, as Administrator, Appel
lant, vs.
Sarah Balrd et al.. Appellees.
.2 Appeal from Cherokee County.
AFFIRMED.
Syllabus. By the Court. Burch, J.
An administrator who appeals to the
district court from an order of the probate
court, which char ires him with interest on
certain funds, deducts the interest charges
from an allowance of compensation prev
iously made, and directs distribution of
tne estate, is required to give an appeal
bond.
Ail the Justices concurring.
A true copy.
Attest: I). A. VALENTINE,
(Seal.) Clerk Supreme Court.
No. 21.180.
David It. Neil, Appellee,
vs.
John P. Stuart, et al. (Andrew Nell and
Luia Keith Cooksey, Appellees), Appel
lants. Appeal from Republic Couuty.
MODiKIKD.
Syllabus. By the Court, West, J.
l. tbe will involved herein devised tbe
testatrix's property to her husband for 'ife
and provided that at his death "the proper
ty is to be sold and divided as follows:
Among my Brothers & Sisters children
and David R. Neil and Andrew Neil, also
Lula Keith equally.'
Held that the three nersona last named
take equally with each of the nephews and
nieces per capita.
2. It was not error to excludA evidence
of statements made by tbe testatrix to the
criyener that she wanted each of the
devisees to share equally with the others.
jouuBion, . .i ., uurco, i ., jua sou, u
Porter, J., and Marshall, J., concurring.
Dawsou, J., dissenting.
A true copy.
Attest: D. A. VALENTINE,
(Seal.) Clerk Supreme Court.
No. 21.191.
Leonard Ott, Appellee,
vs.
The Atchison, Topeka & Santa Fe Railway
company, Appellant.
Appeal from Barber County.
AFFIRMED.
Syllabus. By the Court. Burch, J.
l. in an action for damages for delay in
transporting cattle, tbe court instructed
the jury that if, when the cattle were
tendered for sbloment. the defendant knew
of conditions likely to cause delay in trans
portation, and the shipper did not. the de
fendant should have informed the shiooer
of the conditions, in order to excuse liability
tor aeiay wnicu ine eon anions occasioned.
Held, the instruction stated the law, and was
appropriate to the issues.
2. The contract of shipment required
notice of loss or injury during transporta
tion or at loading or unloading places on
the carrier's road. Held, the contract was
concluded with delivery, and notice of
loss occurring after delivery was not
necessary.
AH the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
(Seal.) CJerk Supreme Court.
No. 21.1N&
C. C. Sheahan and Mary Sheauan, Ap
pellants,
vs.
The City of Kansas City, Kansas. Appellee.
Appeal from Wyandotte County.
Division No. 1.
AFFIRMED.
Syllabus. By the Court. Johnston, C. J.
1. To review a ruling of the court sus
taining a demurrer to plaintiff's evidence
anu giving judgment ror tne defendant it
is necessary that the appeal be taken
within six months after' tbe ruling Is made,
and tbe filing of a motion for a new trial
does not operate to extend tbe time for
such appeal.
2. A party is not entitled to a new
trial on tbe around of newlv discovered
evidence where the new evidence is of the
same kind and goes to the same point as
tbat offered on tbe trint.
All the Justices concurring.
A true copy.
Attest1: D. A. VALENTINE,
(Seal.) Clerk Supreme Court.
No. 21.183.
Gordon Dotson, Appellee,
vs.
Proctor & Gamble Manufacturing Company,
Appellant.
Appeal from Wyandotte County,
Division No. 1.
REVERSED.
Syllabus. By the Court. Dawson. J.
The Workmen's Compensation Act (Laws
mil. ch. 218 and amendments; Gen. Stat.
1910, $ 5896, et aeq.). recognizes the legality,
of a voluntary settlement and' release of 3
workman's claim against his employer for
injuries sustained in the service of the
latter; and. In the absence of fraud or
mutual mistake, the satisfaction and release
of such a Vlaim pursuant to such voluntary
settlement cannot be' set aside on the
ground of gross inadequacy of compensa
tion, following Odrowskl r. Swift & Co
99 Kan. 16.:. 1fi2 Van. 208: Weathers v.
Bridge Co.. 99 Kan. 0.T2, 102 Pac. 937.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE.
(Seal.) Clerk Supreme Court.
No. 21.192.
Minerva CatHn, Appellant,
vs.
William Deerlng & Company, et al., Ap
pellees. Appeal from Rnrber County. y
AFFIRMED.
Syllabus. By the Court. Mason, tT
1. Mere irregularities in the conduct ofa
sheriff s sale of real estate, such as the
omission to cause an appraisement, where
thnt is required, or the failure to nnme
an hour In the notice of the sale, ran pffnrd
no basis for an attack upon the sheriffs
deed, after a decree of confirmation hm
been rendered from which no appeal has
been taken.
2. A sheriffs sale of real estate made
under a valid order of sale and s void exe
cution Is rot a nullity, and after it has
been confirmed and the decree of confirm-' -tion
han become final tfie title of the pur
chaser is not open to attack on the ground
of the invalidity of the execution.
3. Where a sheriffs sale of real estar.
made nnder nn order of sale based on the
foreclosnre of a mortgage, and also nnder
an execution bai been confirmed, end after
tbe exofration of the period of r"rtemntton
a deed has been executed, the title of the
erantee Is not onen to attack on the ground
that the land unM was occimied ss s home
stead and was therefore exempt from sale
on grtneri evecutlon.
All the Justices concurring.
A true ropy.
Attent- V T..NTINia.
Seal. Clerk Supreme ConL
Nn. 21.62.
The Mid-West Photo Play Corporation,
Appellee,
vs.
Mrs. J. M. Miller et al.. Constituting the
Kansas State Board of Review, Ap
pellants. Appeal from Wyandotte County.
Twis'on No. x j
BEVERSED AND REMANDED.
Syllabus. By the Court. JohVsfon. C J.
1. Vndey. the act relating to motion pic
ture fl'ms (chapter SO of the Laws of
19171. the Kansas State boitrd of review la
LEG All
eiven full nower and discretion to de
termine whether films and reel? sffered for
Its examination and decision are moral and
proper for exhibition, and its determination
ia conclusive and not open to review or in
terference by the courts unless ita action is
fraudulent, arbitrary or in excess of its au
thority. v
2. The redress for an aggrieved party
provided for in section 15 of the act is not
a re-examination of the picture by the
court nor the exercise of au adminis
trative and nonjudicial power, but Is such
redress as a court may give.
3. in the nbsem-e of allegations or proof
that the board acted arbitrarily or dishon
estly it must be presumed that it acted In
good faith and that its determination was
an honest exercise of its best judgment.
Burch, J., West. J.. Marshall, J and
Dawson. J., concurring.
M;!Son, J., and Porter, J., concurring
a,ecially. . .
A true copy.
Attest: D. A. VALENTINE.
(Seal.) Clerk Supreme Court.
No. 21.A9.-t.
The Board of Education" of the City of
Wichita. Plaintiff,
vs.
L. W-- Clapp. -us Mavor of the City of
Wichita. lefendant.
Original Proceeding- in Mandamus.
WRIT DENIED.
Syllabus. By the Court, Marshall. J.
Section 90S1 of the General statutes or
1915 has been repealed by chapter 208 of the
Laws of 1917.
All tbe Justices concurring. .
A true copy.
Attest: D. A. VALENTINE.
(Seal.k Clerk Supreme Court.
No.J 21.601.
In re Charles Wright. Petitioner.
Original Proceeding iu Habeas Corpus.
WRIT GRANTED.
Syllabus. By the Court. West, J.
Tbe 1'nlon Traction Company ojieratea
an interurban line some ninety miles in
length from Nowata. Oklahoma. Into and
through Coffeyvlile, Independence, Cherry
vale and. Parsons In this state, all under
one management and from one power
house. Over certain branch tracka in the
city of Independence are operated four
cars for local service, at least one of which
is also operated over about three miles of
Its main track. The petitioner was ar
rested for violating a city ordinance re
quiring these local cars to run to a given
point at specified times. Held, that tbe
nower to make this requirement rests ex
clusively with the public utilities commis
sion.
All the Justices concurring.
A true conv.
Attest: D. A. VALENTINE,
(Seal.)
Clerk Supreme Court.
, No. 21,44. '
The State of Kansas, ex rel., H. O. Caster,
et al.. Plaintiffs,
vs.
The Southwestern Beli Telephone Company,
Defendant.
Original Proceeding in Mandamus.
WRIT DENIED.
Syllabus. By the Court. Mason, J.
1. This court has jurisdiction to euiorce
by niaudainus an order of the utilities torn
mission, notwithstanding tne pendency iu
the district court oi au action to enjoin its
enforcement.
2. In mandamus to require a public
utility to re-esuibiish a service or practice
which it has discontinued without the con
sent of the utilities commission, no inquiry
will ordinarily be made into the question
whether such service or practice is one
which tbe utility should be or could be
compelled to maintain permanently, that
being a questiou to be passed upou in the
first instance by the commission; but
where the utility has already iu a pro
ceeding before the commission to which it
was made a party, shown to that tribunal
the existence of facts that would have
compelled the grunting of such consent
if it had been asked, obedience to an order
of tbe commission directing the restoration
of tbe service will not be compelled by
mandamus, merely because of the failure of
the utility to procure such consent in
advance.
a. The gratuitous allowance by one tele
phoue company of the use by another com
pany of a line owned by It, constitutes a
discriminating practice forbidden by the
statute, and therefore is not one which the
utilities commission can require to be con.
tinued.
4. The 'dismantling of a direct telephone
line between two places does not constitute
an objectionable change lu a practice per
taining to service, where the company
owning "it has established another line,
although not a direct one. between such
places, by means of which all business be
tween them is efficiently handled, with
out detriment to the public or to indi
viduals. All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE.
(Seal.) Clerk Supreme Court
' No. 20,969. tt
George B. Murray, Appellee,
vs.
Charles Murray. Florence 'Demlng Frank
Murrayi Percy Murray, Eva Piper, and
Frank Dawson. Administrator of the
- estate of O. C. Dawson, Deceased. Ap
pellants. Appeal from Sherman County.
AFFIRMED.
Syllabus. By the Court. . West. J
1. A wife while living with her husband
In this state deeded to her children certain
land owned by her. the husband not join
ing. Shortly thereafter the wife dieif, and
fourteen years later the surviving husband
brought this action for partition, the land
not having been the homestead of either
nor judicially sold nor accessary for the
payment of debts. No application was
made by tbe husband to the probate court
for allotment. Held, tbat he is entitled
to maintain the action. (Gen. Stat. 1915.
If &il and 3KoO.,
2, Tbe plaintiffs allegation that the wife
was unduly influenced to make the deed
Is immaterial as she could not whether
unduly influenced or not convey jits in
terest In the .land without? bis consent
' 3. By virtue of sections .VCtl and SSTV
of the General Statutes of 1915 one-half In
value of such Jand vested In the husband In
fee simple upon the death of the wife,
the allotment provided for In such sections
being for the ascertainment merely and
not for the vesting of such title.
All the Justices concurring.
A true copy. v
Attest: D. A. VALENTINE.
(SerJ.) Clerk Supreme Court.
No. 20.970.
Albert Zuspann and R. B. Zuspann, Ap
pellants, vs.
M. A. Roy and Elizabeth E. Roy, Appellees.
Appeal from Sherman County.
AFFIRMED.
Syllabus. By the Court. Marshall, J.
1. lu addition for damages caused by
a breach of a warranty against encum
brances, contained In a warranty deed,
where tbe defense is that the deed does
not express tbe contract of the parties,
that tbe warranty against encumbrances
was inserted In the deed by the mutual
mistake of the parties thereto, and that the
contract was that the grantee in the deed
should assume and pay the encumbrances,
it is not error for the court to instruct the
jury that the deed is presumed to contain
the wbole of the contract, but that this pre
sumption may be overcome by evidence
which incontrovertlbty establishes that a
covenant to assume and pay the encum
brances was omitted by mistake, and that
the mistake was the n.utuai mistake of both
the parties to the deed.
2. In such an action, it la not preju
dicial error for the court to fail to instruct
tbe Jury that the execution of the deed
and the existence of the encumbrances are
admitted, where it conclusively appears
that neither of these facts waa questioned
during the trial.
ft. A mutual mistake In c deed conveying
real property may be shown although tbe
parties thereto did not. before it was sign
ed, carefully examine It to ascertain wheth
er If expressed their agreement.
4. A mutual mistake in a written con
tract is one that is made by all the parties
thereto.
k If instructions, where considered to
gether, do not appear to be erroneous, a
judgment based . thereon will not . be re
versed. -
All the Justices concurring.
. A true copy.
Attest: D. A. VALENTINE.
(Seal.) Clerk Supreme Court.
No. 20.971. '
John N Eagan and Bert Dona hey, Appel-
Percy Murray and Emery L. Moore, Appel
lants. Appeal from Sherman County.,
AFFIRMED. r
Syllabus. By the Court. Dsvhoii. 3.
L Ordinarily a petition which narrates
LEGAL
several distinct breaches of a valid contract
states a cause of action -"With sufficient
precision against the party who breached
the contract although me prayer may be
for alternative relief, and a cause of action
so pleaded is good against a demurrer.
2. The prayer of a petition is merely
the pleader's idea of me relief Xo which
he is entitled; It is not s part of tbe
statement of tbe cause of action ; and if the
cause of action is sufficiently stated and
sufficiently proved, rhe court will adjudge
and decree the proper legal redress, which
may or may not conform in whole or tn
part with the relief prayed for by the
pleader.
Jt. Where a vendor sells a chattel to a
vendee upon a warranty that the chattel
will measure up to certain standard of use
fulness and agrees to accept a return of the
chattel if it fails In the matters covered
by the warranty, and where the facts
touching tbe alleged failure nnder the war
ranty are within the knowledge of the
vendee or readily ascertainable by him and
not within the knowledge of the vendor
nor rea lily accessible- to bim. It is proper
for the court to i moose on the vendee the
burden of showing that the chattel did not
measure up to the warranty.
4. Errors assigned ou instruction's, in
competency of evidence, and ita insuffi
ciency to sustain a verdict, examined, and
not sustained.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE.
(Seal.) Clerk Supreme Court.
No. 21.K18.
Westye Mousonr Appellee,
vs.
A. C. Battelle. Appellant.
Appeal from Frankiiu County.
AFFMtMED.
Syllabus. By tbe Court. Mason, J.
1. The Question whether aSi injured work
man may assign a judgment under the
Workmen's Compensation Act to a trustee
for the benefit of bis children considered
but not determined.
2. A lump sum judgment In favor of an
injured workmau under the Workmen's;
Compensation Act, although the statute for
bids its assignment, does not abate by his
death, but may be revived in the name of
au administrator.
.V The evidence in an action under the
compensation statute held to support a
finding that the plaintiff was iujured on
tbe premises where he was employed by
having to wade through flood-water which
had overflowed the defendant'. car works,
an old wound on his foot being thereby
infected, requiring an amputation.
4. Such an injury is one "by accident.
within the pieaning of the phrase as used
in tbe statute.
5. Such an injury is one arising out of
and in tbe course of the plaintiffs em
ployment, within the meaning of the stat
ute. 6. Objections to the form of a hvnothet-
ical question held not to justify a reversal.
t. ine situation beid not to require a
withholding of tbe determination of the
case by this court to give opportunity for a
bearing on s petition for a new trial.
Johnston. C. J., Bnrch. J., West. J., Mar
shall, J., and Dawson, J., concurring.
Porter, J., dissenting. .
A true copy.
Attest: D. A.- VALENTINE. '
(Seal.) Clerk Supreme Court.
- No. 20.972.
Laura L. Hodgen and C. W. Hodgen, Ap
pellants, M. A. Roy and Elizabeth E. Roy, (el al.)
Appt I.eeS.
Appeal from Sherman County.
Keversed and Remanded.
Syllabus. By the Court. Johnston, C. J.
1. Iu bis return upon an order of
attachment the sheriff should describe the
property attached ao that it can be readily
identified: and held tbat tbe return herein
which -described the land seized as tbe
northeast aud northwest quarters of sec
tion 22 in township 7. range tS, Is uot void
by reason of indeflniteneas or uncertainty
in the description.
2. A party may employ as many con
current and consistent remedies as tbe
law gives him, and a plaintiff In an action
to recover an indebtedness and to foreclose
a mortgage given to secure ita payment
may secure tbe issuance of an order of
attachment and the lew of the same upon
property other than that included, in tbe
mortgage.
3. A court has authority to protect the
defendants or otber'credltors as against an
excessive levy and the seizure and holding
of more property than is necessary to meet
the judgment establishing the indebted
ness : but the fact that an officer seizes
and holds an excessive amount of property
does not necessarily invalidate the attach
ment. All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE. .
(Seal.) Clerk Supreme Court.
No. 21, 017.
Charles Carter, Appellant,
vs.
George Wilson and J. D. McCarter, Appel
lees. Appeal from Ford County.
AFFIRMED.
Syllabus. By the Court. Burch. J.
1. Whenever subsequent impossibility of
meeting the conditions of a contract might
readily have been foreseen by the party
obligated to perform, be will not be excused
from performance on the ground of impos
sibility. 2. The maker of a note for tbe debt of
another executed it on condition that he
was to pay the jortion of the debt which
a sale of chattel security lacked of paying,
and waa to be responsible for that differ
ence ouly. After default of the principal
debtor the creditor discovered tbat the
chattel mortgage was void, and that no sale
could be made under it, because the proper
ty was exempt and the mortgagor's wife
had not joined in executing the instrument.
No sale was attempted, and tbe creditor
undertook to rarover on tbe note. Held,
tbe princlple stated n paragraph 1 applies,
and the maker Is not liable because tbe
condition of his liability has not been per
formed. All tbe Justices concurring.
A true copy.
Attest: D. A. VALENTIN R.
(Seal.j Clerk Supreme Court.
No. 21,121.
The Gate City National Bank, Appellant,
vs.
M. L. Greene and J. Q. Greene, Defendants,
C. R. Hepler, Interpleader. Appellee.
Appeal from Franklin Couuty.
AFFIRMED.
Syllabus. By the Court. Burch, J.
1. A debtor while solvent employed at
torneys to defend her sons in criminal ac
tions pending against them. She gave
her note to one of the attorneys for their
fees and for expenses incident to the de
fense of the actions, and secured the note
by a mortgage on real estate. The mort
gage was not sufficient security for the
note, and she procured her daughter and
MONET
r & MODERN 1
LEGAL
her daughter's husband to assume payment
of the attorney fees. To the daughter she
assigned an interest in an estate, and to
her daughter's husband she gave a bill of
sale of personal property. The entire trans
action' was conducted in crood fuith. nud
not for the purpose of hindering, delaying.
or ueirauuing creoitors. noon arterwaru
tne aeotor was adjudged to be bankrupt.
In an action by a creditor the personal
property covered bv the hill of mtle was
attached. Held, the instrument was not.
in law, fraudulent as to creditors J
2. Besides the consideration atated. the!
out ot aaie was given ior inuenuite future
outlays of money for the benefit of the
debtor and for her support until her fi
nances mended. Held, the Incluslon-of fu
ture advances did not. of necessity, render
tbe bill r-f sale fraudulent
3. The need for the employment of the
attorneys was instant, and they were eiu-
in r-ii io r-ir-seui. erenaanis in specmeo 1
criminal actions pending at the time. Held, j
the attorneys could take and hold security !
for their fees, given in good faith and not
as a ruse to hinder, delay, or defraud.
4. The proceedings examined, and held,
the general finding of the court on the is
sues of solvency, fraudulent intent, aud
others, was sustaisjet' by the evidence.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
(Seal.) Clerk Supreme Court.
No. 21,i:t.
Sudie Adams, as Executrix. Appellee,
vs.
The lola Electric Railroad Company and
The City of lola. Appellants.
Appeal from Allen County.
AFFIRMED.
Syllabus. By the Court. Burch, J.
1. In an action for damages for the death
of the driver of a horse, occasioned by
uegligence of a city in the care of its streets
and negligence of a street-car company in
tbe operation of a car. the jury returned
special findings to the effect that the horse
was In be habit f taking fright at street
cars, in the habit of bolting, that tbe de
ceased was aware of tbe habit, and that
he had been cautioned about itany acquaint
ances, but that tbe horse was reasonably
safe for use for driving where likely to
meet street cars. " Held, the findings were
not inconsistent with each other nor with
the verdict for tbe olaintlff in the action,
when considered in the light of the purpose
ot the special interrogatories and tne evi
deuce bearing on the subject.
2. Various assignments of error consld
ered, and held to be without substantial
merit.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE.
(Seal.) Clerk Supreme Court,
, - No. 21.164. .
T. J. It id g way. Appellee,
vs.
George Wetterhold, Appellant.
Appeal from Sedgwick County.
(Division No. 1.)
Appeal Dismissed.
Syllabus. By the Court. Porter.
1. An action by the owner of
patent to recover upon an Implied contract
of defendant to pay him the reasonable
value of tbe use. with the plaintiffs-knowledge
and consent, of the patent Invention is
not an action for the infringement of tbe
patent, and the state courts have jurisdic
tion, notwithstanding the answer pleads the
invalidity oi tne patent as one or tne oe
fenses.
2. The district court havlncr jurisdiction
of the cause and the amount being for less
tnan iuu, tne appea: is aismissea.
AH the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
(Seal.) Clerk Supreme Court.
No. 21.166.
L. D. Leaem, M. Rein berg and Til He Lesexn,
, Appellees, ,
vs.
Ben Harris. Appellant.
Appeal from Cherokee County.
MODIFIED.
Syllabus. By the Court. West. J.
L To the petition to recover on a writ
ten contract for the payment of money tbe
answer set up au nuiuLiouai w ruuru rwu
tract made at the ame time and also a
verbal contract varying the terms of the
written Instruments. Held, that under tbe
primer and nornbooK rule aucn oral agree
ment was properly disregarded.
2. The petition alleged ownership by the
plaintiffs of a certain lease, a part of the
consideration for the written instrument
sued on. The answer pleaded failure of
consideration and contaiaed a general de
nial. Held, that it was error to render
Judgment for plaintiffs on the pleadings.
a. The inotlou to make the petition more
definite and certain was properly overruled.
AU the Justices concurring.
A true copy.
Attest: D. A. VALENTINE.
(Seal.) Clerk Supreme Court.
No. 21.172,
Montgomery County National Bank, Appel
lant. w ' vs.
I. W. Wherry. Appellee.
Appeal from Moi igomery County.
Reversed and Remanded With Instructions.
Syllabus. By the Court. Dawson, J.
1. Where a mortgagee takes charge of
mortgaged chattel property on the default
of the mortgagor and endeavors to sell it
but only succeeds In making a conditional
and o bnrtive sa le, the pri-e fixed In the
conditional and abortive sale is not neces
sari'y a fair and reasonable basis for de
termining the true value of the property.
2. Where a mortgagee takes charge of
chattel property owing to the default of
his debtor, the mortgagor. It is the privilege
of the mortgagee, under the expressed
terras of tbe mortgige, to sell the mort
gaged property ou'rigbt. but tbe mortgagee
has not the right to make a conditional
sale of the property: It is technically a con
version of the property to make such con
ditional sale of it. and the mortgagee la
liable to the mortgagor for the fair and
reasonable value of tbe property at the time
of such conversion.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE.
(Seal.) Clerk Supreme Court.
No. 21.173.
Grove C. James, as Receiver, Appellant,
vs.
It. E. Williams. Appellee.
Appeal from Cl-erokce County.
AFFIRMED.
Syllabus. By the Court. Burch, J.
1. For the purpose of accomplishing an
equitable result, a mortgage lien may be
kept alive and enforced after the lien
claimant has placed himself in a position
which precludes him from resorting to tbe
personal obligation of the mortgagor, or
of any one else for satiafaction of the debt.
. x lie uuiurr '"' "
estate took a quitclaim deed of the prem
ises. 4n lieu of his mortgsge. The deed was
maue oy a V, ramw ut uiuiikhvl,
MONEY
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THE WARM
MORTGAGE
COMPANY
Topeka, Kansas
LEGAL
had not assumed payment of the debt. Th
mortgagee toot possession unuer mi- ur"
cancelled the mortgager's . note, and sur
rendered It. The debt was not satisfied by
any one, and the mortgage was not re
leased. The mortgagee then discovered
that the maker of tbe quitclslm deed hal
given a mortgage on the premises. This
mortgage recited that it was subject to tne
other. The holder of the second mortgsge
sought to foreclose It as a first lien. HHi,
the principle stated in paragraph 1 applies,
and the junior morgagee's position was
not bettered because the first mortgagee
cancelled . nd" surrendered tbe note secured
by his mortgage.
Ail the Justices concurring.
A true copy. '
Attest: D. A. VALENTINE, f
(Seal.) Clerk Supreme Court
Vrt 91 174. ''
May U. Snelling. Appellee, -
va.
National Travelers Benefit Association, Ap
pellant.
Appeal from Shawnee County.
(Division No. 2.Y ,
AFFIRMED '
Syllabus By the Court... - Johnston, C. J.
l. i nner section &3 or tne civu row aa
action against a foreign in sura nee company
to recover upon a policy or insurance may
be brought In any county where It may be
found regardless of where ' the cause of
action arose or of the residence of the
plaintiff.
2. The provision In the last part of sec
tion 52 that an action against s foreign
Insurance company may be brought In any
county where tbe ctuse of action or some
part thereof arose Is a permissive and cum
ulative remeay.
3. Service upon a duly licensed sreneral
agent of the defendant whose principal
office and place of business Is In the coun
ty ami who ts vested witn mil power ana
authority to appo'.ut and remove all local,
special or soliciting agents of the defend
ant in a certain territory of the state Is
deemed to be snffte'ent to elve the court
jurisdiction of the defendant.
4. to acquire jurisdiction tn tne way
stated doea not violate the fourteenth
amendment of the federal constitution.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE.
(SeaL) -ter .Supreme Court.
Published in Topeka-State Journal, .Jan
uary 1. 1918. J -
THE SHAWNEE BUILDING & LOAN
ASSOCIATION.
Topeka, Kansas.
. A local association organized under the
laws of Kansas, March, Iss5.
11. F. GUTHRIE, President.
V. P. HILLIIOUSE, Secretary. '
THIRTY-THIRD ANNUAL STATEMENT
At close of business. Itereraber 31, 1017r
as made to the bank commissioner.
ASSETS.
Cash on hand 19,951.64
Loans to members on real
estate 80fi,R23.24
Loans on shares..... HH.421.14
Real estate first mortages 1S.1.XM.47
Bonds and other securities ;L1.270.K8
Real estate owned 19,97.74
Due on real estate sold on con
tract lfi.0M.82
Furniture and fixtures l,2G5.2o
Insurance and taxes paid for',
borrowers . 10,140.24
Sundry personal accounts...... m .84
Bills receivable 292. bo
Total
LIABILITIES.
Installment shares
Prepaid shares....
Ieposit shares f
Full-paid shares
Due borrowers ...............
Contingent fund
Undivided profits
All7 other liabilities
$1,150,194.12
$KW.2no.
22.9H7.
15.54K.
232.350.
7,209.
707.
0.242
G.939.
Total
RECEIPTS.
...$1,150,194.12
Cash on hand January 1, 1917..
Installment shares
Deposit shares
Full-paid shares
Liberty bond sub. account
Due borrowers
Loans on real estate paid off...
Loans on shares paid off
Real estate first mortgages....
Bonds and other securities
Interest
Fines and fees
Insurance ami taxes repaid....
Real estate sold on contract....
Real estate sold ......
Rents received '.
Sundry personal accounts......
Borrowed money Vi ....
Profits on withdrawals
From all other sources
Total
DISBURSEMENTS.
Loans made on real estate
Lonns made on shares
Real estate first mortgages....
Sundry personal accounts
Bonds and other securities
Installment shares withdrawn..
Prepaid shares withdrawn
Deposit shares withdrawn
Full-paid shares withdrawn.....
Liberty bond. sub. account
Due borrowers
Shares matured and paid.
Dividend paid on- full-paid
shares
Real estate purchased..,
Real estate sold on contract...'.
Insurance and taxes paid for
borrowers X
Salaries
Taxes paid, personal
Rep. ins., taxes on real estate
owned
Printing, supplies and advertis
ing Office and other expense Items,
Borrowed money repaid . t .... .
All other disbursement
Cash on hand December 31, 1917,
$54.4R8.20
104,026.67
2I.R42.54
72.0.14 . 07
0.703. 50
72.993.09
215.242. 2S
04.453. 24
14.520.2S
21 44O.0O
89,0fM',.07
26.50
I 2.S70.HS
3.8 W. 74
3.H90.42
1.152. us
1. 223.17
10.000. 0I
il.Gii0.34
100.00
$85.1,510.15
lino.oio.oo
60.409. ot;
6I.125.0O
1.3W.22
lft.142.3A
48,524.75
2.456.10
13.920. 50
70.2H4.07
150.00
70.383.39
292.550.00
12.100.77
R.305.3i;
2,050.00
5.080.50
C.0O7.9
900.70
, 1.006.76
1.224.47
2.183.93
10.OOO.OO
1.252.30
9.951 .M
Total $853,516.15
We. the undersigned. President and Sec
retary of the Shnmnee Building and Loho
Association, do hereby certify - that tn
above is a trtie and correct statement of
the condition of said association at the
close of business December 31. 1917.
II. F. OI'TIIRIK. President.
V. P. HILLHOI SE. Secretary
Subscrrbed and sworn to before me d
Notary Public this 14th dsy of January,
1918.
NORA C. BAILEY.
(Sesl) Notarv Public.
My commission expires Nov. 10. 1019.)
FAKM LOANS
FARM LOANS, b and 6 per ccot Sm
Nichols l.'ea'T Co f20 Kan Are Tel 44 (L
FURRIERS 7
John Petrxllek. the only nractical furrtA
IB Kansas. 127 W. 7th at.. Topeka.
MONEY
MR. FARMER Do yon want to rea
lize the grood and necessary thing's of
Dear Sir: I can use sbou- $...,.,......
1 have acres, rained at
of which there are acres In culti
vation. Mrrland is In section
townahlp. ....... range of.
coonty.
Name
Address
Loans made In Kansas and Okl&bwua
only.

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