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THE ADVOCATE AND NEWS. 189S. In the Kansas Court of Appeals. Southern Department, Western Division. No. 258. 8. U. Clurk. aB County Treasurer, et al., plaintiffs in error, The Atchison, Topeka & Santa Fe Railway Company, defendants in error. Error from Edwards County. REVERSED. Syllabus. Schoonover, J. 1. The tast- of J. II. Mclntire. Receiver of the Wichita & Western Railway Com pany, vs. J. If. Williamson as Sheriff of Pratt county, Just decided, cited and fol lowed. ' 2. The tax levied under chapter 273. laws of 1895, for the "prevention of prairie fires," held to bo h general tax. and further held that it Is collectable under the general laws of the State for the collection of taxes. A true copy. Attest: Seal. E. J. WESTGATE, Clerk. In the Kansas Court of Appeals, Southern Department, western Division. No. 281. Otho Nowland, plaintiff In error, vs. City of Horace, defendant In error. Error from Greeley County. DISMISSED. Syllabus. Milton, J. A Detltlon In error which is fatally de fective by reason of an entire failure to state any cause for reversal of the Judg ment complained of cannot be amended more than one year after the rendition of such judgment, but must De dismissed A true copy. Attest: Seal. E. J. WESTGATE, Clerk. In the Kansas Court of Appeals, Southern Department, western Division. No. 263. Union. Township and Mitchell Township, plaintiffs in error, VS. Benjamin F. Hester, defendant in error. Error from Rice County. AFFIRMED. Syllabus. Schoonover, J. 1. Before a demurrer can be sustained to a petition, upon the ground that the petition snows upon its lace mat tne piaint iff is guilty of contributory negligence, the facts stated must raise such a presumption of negligence that the court would be bound as a matter of law to declare that no recovery can be had, 2. Where the defendant in a case which Is being tried by a Jury, filed a demurrer to the plaintiff's evidence, on the ground that the evidence does not prove any cause of action: Held, that unless the plaintiff has utterly failed by all his evidence to prove his case, or some material fact In issue In the case, the demurrer should be overruled. (Joseph Brown, Admlr. v. The A., T. & s. jr. K. K. Co., 31 Kan., pg.;i.) 3. The special Instructions asked for ex amlned: Held, that they are, so far as applicable to the facts in this ease, covered by the general charge, and further held that the general charge fully states the law or the case A true copy. Attest: ISeal. E. J. WESTGATE. Clerk. In the Kansas Court of Appeals, Southern Department, Western Division. , No. 298. State of Kansas, appellee, vs. Samuel F. Archer, appellant. Error from Ness County. AFFIRMED. Syllabus. Milton, J. The pointing of a revolver which is not loaded, in a threatening manner at an other, is an assault when the party at whom it Is pointed docs not know that It Is not loaded, or has no reason to believe that it Is not and is by the act of the men acing party put in fear of bodily harm. A true copy. Attest: Seal. E. J. WESTGATE. ' Clerk. In the Kansas Court of Appeals, Southern Department, Western Division. No. 288. School District No. 40, of Finney County, Kansas, plaintiff in error, vs. 11. W. Cushing, defendant In error. Error from Finney County. AFFIRMED. Syllabus. Milton, J. L fee. S. Ch. 41, laws of U7I, wall r- vidlng that school district bonds shall state cn their face "to whom issued," also pro vldes that bonds signed by the proper dls trlct officers and registered by the County Clerk shall be negotiable and transferable by delivery and may be sold by the district board at not less than a f-tated price: Held, that making bonds payable "to or bearer ' was a substantial compliance with the terms of the statute. 2. Where school district bonds purport to havebeen signed on the first dayof a certain month and to have been registered by th3 County Clerk on the thirtieth of the same month: Held, that such bonds were not Invalid In the hands of an Innocent pur chaser thereof by reason of their falling to specify on their face the date when Issued 3. "The payment of negotiable county bonds in the hands of an Innocent pur chaser for value cannot bo avoided on the ground that the elections authorizing their Issue were irregularly called and neid, al though the Irregularities were such that. had the question been raised In the proper manner and at the proper time, sum bonds would have been held invalid." The State v. Scott County, 58 Kan. 401. A true copy. Attest: ISeal. E. J. WESTGATE. Clerk. State of Kansas, ss. I, E. J. Westgate, Clerk of the Kansas Court of Appeals, Southern Department, Western Division, do hereby certify that the above and foregoing are full, true and correct copies of the syllabi of the court, handed down at Wichita, Kansas, on the 15th day of October,' A. D. 1898. and tiled in this otnee on tne zuin day or uctober, A. D. 1888. Given under my hand and the seal of said court, thU the 29th day of Uctober, A. D. 1838. fSeal.l E. J. WESTGATE. Clerk of the Kansas Court of Appeals, Southern Department, western Division Southern Department, Centra! Division. In the Kansas Court of Appeals, Southern Department, Central Division. Nos. 9401 and 3.18. National Mortgage and Debenture Coin pany, plaintiff In error, The St. John Marsh Company, defendant in error. Error from Reno District Court. AFFIRMED. The opinion of the court was delivered by Dennison, t j. 1st The construction of the statutes rel atlve to the powers of a Judge to settle a case after his term of office expires, con tained in waterneid vs. Hutchinson Na tlonal Bank, 6 Kan. App. 743, 50 Pnc. 971 and Farmers' Alliance Insurance Co. vs. Nichols, Id. 923, 50 Pac. 940, modified. 2nd. When the term of the trial Judge expires before the time fixed for making and servlgg a case, he should settle tne case the same as If his term had not ex pired, and If bis term expires after the time fixed for making and Bervlng a case: yet If the time for settling a case had been fixed before the expiration of his term which time did not expire until after the expiration of his term he should also settle the case. 3rd. We have carefully examined the ar guments of counsel and the record and an unable to say that the trial court com mitted error requiring the reversal of the judgment. A true copy. Attest: Seal. W. A. AYRES, Clerk. In the Kansas Court of Appeals, Southern Department, Central Division. No. 304. O. S. Gibson and J. W. Mann, plaintiffs in error, vs. Fred C. Gross, defendant in error. Error from Cowley District Court. REVERSED. The opinion of the court was delivered by jniuon, j. Where the plaintiff after the death of his wife, placed his two children with rela tives, disposed of nearly all of his house hold goods, and lived at different places as a boarder but did not reside with either of his children; held, that he was not the head or a family within the provisions if sec. 3, ch. 118, Gen. Stat, of 1897 as con strued in Zimmerman v. Franke. 34 Kan. 650. A true copy. Attest: Seal. W. A. AYRES, Clerk. In the Kansas Court of Appeals, Southern Department, central Division. No. 333. Edward Clark, plaintiff In error, vs. The St. Louis & San Francisco Railway Company, defendant in error. Error from Butler District Court. AFFIRMED. The opinion of the court was delivered by Milton, J. L Folio wins the doctrine announced by thi Supreme court In the case of Eddy v. Weaver W Kan. 140), it la held, that the trial judge was without authority to per mlt the case-made to be amended by the plaintiff in error over the objection of the defendant In error, on the day such case made was settled and signed, and long after the time granted for making and serving the same, had expired, by insert ing therein the following statement: ' The foregoing is all the evidence Introduced and offered upon the trial of this case and all objections thereto and the exceptions"; and further held, that tho statement so Inserted must be disregarded by the ap pellate court. 2. A case-made duly settled and signed imports verity in all Its parts Including the endorsements upon an appeal bond whereby the defendant In error carried tho case to the District court on appeal from a Justice of the Peace. A true copy. Attest: 8eal. W. A. AYRES, Clerk. State of Kansas, ss.: I, W. A. AyreB, Clerk of the Kansas Court of Appeals, Southern Department, Central Division, do hereby certify that the above and foregoing are full, true and correct copies of the syllabi of tho court handed down at Wichita, Kansas, on the 15th aay of October. A. D. 1898, and tiled in this of fice on that date. Given under my hand and the seal of said court, this the 21st day of October, A. D, 1898. ISeal.l W. A. AYRES. Clerk Kansas Court of Appeals, Southern Department, central Division. , Northern Department, Western Division. In the Kansas Court of Appeals, Northern Depunment, western Division. No. 3L Immanuel's Gemelnde, et al., plaintiffs in error, Fred Kell, et al., defendants In error. AFFIRMED. By tho Court. Syllabus. McElroy, J Where a church is organized and a build ing erected by an Independent religious or ganlzatlon, and afterwards dissension arises among the members thereof as to which, if either, of two branches of the parent organization they should unite, and by reason of such dlssesslon It becomes impracticable to longer remain together, it Is not error for tho District court to decree a division of the property. All the Judges concurring. Opinion filed September 29, 1898. A true copy. Attest: P. is GOSS. Seal. Clerk. In the Kansas Court of Appeals, Northern Department, western Division. No. 153. Ansel Glfford, plaintiff in error, vs. Jacob Ammcr, defendant in error. Error from Phillips Copnty District Court AFFIRMED. Syllabus. By the Court. McElroy, J 1. A motion to suppress depositions made and nied in due time was by the court over ruled. During the progress of the trial the court reconsidered his decision thereon and sustained the motion.- Inasmuch as it uoe not appear from the record that either party requested the court, before the com mencement of the trial, to hear and decide the questions arising on exceptions: Held, mat this, or itseir. is not such an irresru larlty as to necessitate the reversal of the Judgment in the absence of any showing that the defendant was injured, or placol at a disadvantage by reason thereof. 2. Where the defendant by his answer and evidence admits all the allegations of plaintiff s petition, all that Is necessary for plaintiff to prove to entitle him to a re covery in the action, the court may very properly instruct the Jury to return a ver dict for plaintiff. Filed October 17, 1898. ' ' A truo copy. Attest: 1. J. GOSS, Seal Clerk. In the Kansas Court of Appeals, Northern Department, Western Division. i No. 153. W. C. Olson, plaintiff In error, Tho Board of County Commissioners of Trego County, Kansas, defendunt in error. Syllabus. Wells, J. Where the term of office of a member of the Board of County Commissioners has ex pired and his successor has been duly elected and qualltted and Is ready and will ing to perform the duties of tho olllce, said person has no color of right to the oJIW.o and his pretended official acts arc void. Filed October 17. 1898. A true copy. Attest: Seal. . P. J. GOSS. Clerk. In the Kansas Court of Appeals, Northern Department, western Division. No. 157. Simon Motz and Bertha Motz, plaintiffs in error, A. R. Henry and M. E. Dixon, defendants in error. Error from Ellis County District Court AFFIRMED. Syllabus. By the Court. McElroy, J. 1. The writ of assistance is an effective and appropriate process to issue from a court of equity to place tho purchaser of possession after he has received the Sher iff's deed as against parties who are bound by the decree and who refuse to surrender possession pursuant to Its direction. The assignee of the purchaser a Did stands in the purchaser's place as to the remedy for possession. Filed October 17, 1898. A true copy. Attest: P. J. O 033, ai Clerk. In tho Kunsas Court of Appeals, Northern Department, Western DlvlBlon. No. 155. Henry Johnson, plaintiff in error, Frank Borln, defondant In error. Syllabus. Wells, J. Lands entered under the provisions of the United States homestead acts after they have been abandoned as a homestead, are liable to seizure and sale under proper proceedings In attachment for the satisfac tion of debts contracted by the homestead claimant between the date of llnal proof and certificate and tho issue of the patent. Filed October 17, 1898. A true corj Attest: Seal. P. J. GOSS. Clerk. In the Kansas Court of Appeals, Northern Department, Western Division. No. 146. W. II. Brawlcy, plaintiff in error, Felix Smith, Melvina Smith, Goo. O. Farr, and The Exchange Bank of Stockton, Kansas, defendants In error. Syllabus. Wells, J. 1. The petition in this case examined and held to stato a valid causo of action against all the defendants. 1 In this state tho distinction between actions at law and suits in equity are by statute expressly abolished; and it Is error for a court to compel a plaintiff to elect whether ho will proceed in equity or at law. Filed October 17, 1898. A true copy. Attest: Seal. P. J. OOSS. Clerk. For GENERAL STATUTES OF KAN SAS 1897. compiled by Judge W. C. Webb by authority of Legislature (price 15), ad dress Kansas Statute Co., Topeka, Kas. Sheriffs Sale. Case "noT 19235. In tho District court of Shawnee county, State of Kansas. Emma L. Davenport, plaintiff, vs. Mary J. Washington, .et al., defendants. By virtue of an order of sale Issued to me, out of said District court, In the abovo entitled action. 1 will, on Monday, the 5th day of December, A. D. 1898, at 10 o'clock a. m. of said day, at tho east front door of the court house in the city of Topeka, In the county of Shawnee, In the State of Kansas, offer at public sale, and sell to the highest and best bidder, for cash In hand, all of the following described real estate, to-wlt: Lot numbered One Hundred and Four (104) on Kline avenue In the city of Topeka, Kansas, lying and sit uate In the county of Shawnee. In the Stato of Kansas. The above described real estate Is taken as the property of said defendants, and is directed by said order of sale to be sold, and will be sold without appraisement to sat isfy said order of sale. I'OKTEll B. t'UUK, Sheriff of Shawnee county, Kansas. J. S. Ensminger, Plaintiff's Attorney. PROCLAMATION OF REWARD. 300 REWARD. 8tate of Kansas, Executive Department, Topeka, October 20. 1898. Whereas, between Saturday night, Sep tember 17th. 1898. and Sunday morning of September 18th, 1898, in the county of Nor- of Mrs. Clara Oliver was murdered; and Whereas, the perpetrator of said crime nas thus far evaded arrest and conviction, and Is unknown. Now therefore, I, John W. Leedy. Gov ernor of Kansas, by virtue of the authority in me vested by law, do oner a reward oi THREE HUNDRED DOLLARS for the arrest and conviction of said murderer. In testimony whereof. I have hereunto subscribed my name and caused to be af fixed the Great Seal ojr the state or Kan sas. Done at the city of Topeka on the day and year first above written. Seal. J. w. LEEDY. Governor. Attest: W. C. BUSH, Secretary of State. By C. M. Bess. Assistant Socreuurr f tat.