Volume 26 — Kansas Reports

Error from Franklin District Court. Mandamus, brought by Leslie Tinnon, a colored boy of school age, by his next friend, Elijah Tinnon, to compel the Board of Education of the City of Ottawa, and William Wheeler, the principal of the public schools of said city, to permit the-plaintiff to attend a certain one of such schools.

Error from Brown District Court. Two actions, which were heard and considered together in this court. All necessary facts, pleadings, and proceedings therein, are stated in the opinion. At the May Term, 1880, of the district court, Uri S. Keith, as plaintiff, recovered a certain judgment against defendant, Lamar B. Keith, who brings the case here.

Error from, Atchison District Court. Action brought by The State of Kansas, on the relation of the attorney general thereof, against The Board of Education of the City of Atchison, to restrain the issue of certain school bonds. Trial at the June Term, 1881, of the district court, and judgment for the plaintiff. The defendant brings the case here. The facts appear in the opinion.

Error from Saline District Court. At the August and November Terms, 1880, of the district court, defendant Crowley obtained certain orders and judgments against plaintiff Lindh, who brings them here for review. The opinion states the facts.

At the March Term, 1880, of the district court of Barton, county, J. W. Lightbody, as plaintiff, recovered a judgment against defendant John Lightbody for $48.24, instead of for $,409.90, which he claimed. The plaintiff brings the case-here. The opinion contains a statement of the facts.

Original Proceedings in Quo Warranto. Action brought in this court by Fletcher P. Privelt against Charles D. Bichford, to try the title to the office, of sheriff of Harper county. The opinion, filed July 26, 1881, contains a sufficient statement of the facts.

Error from Leavenworth District Court. Action under the railroad stock law, brought by Piper against the Railway Company, to recover damages for killing a colt belonging to plaintiff. Trial at the September Term, 1880, of the district court, and judgment for the plaintiff. The defendant brings the ease here. The opinion states the facts.

Error from Shawnee District Court. Action upon a promissory note, brought by McCartney against Spencer, as executor of the last will of Sarah E. Watterson. At the August Term, 1880, of the district court, the defendant obtained an order granting a new trial, which order the plaintiff brings to this court for review. The opinion states the facts.

Error from Miami District Court. Injunction brought by Campbell against Coonradt and another, to restrain the defendants from committing waste upon a certain lot in the city of Paola. Trial at the adjourned October Term, 1880, of the district court, and judgment for the defendants. The plaintiff brings the case here. The opinion states the facts.

Error from Greenwood District Court. Action brought by Edwards against the Railway Company? to recover for damages done to his crops by cattle which passed into his field through or over improper cattle-guards on the defendant’s road where it enters the plaintiff’s field.

At the March Term, 1881, of the district court, Enoch B. Kearley was convicted of murder in the first degree. The homicide charged in the information filed against him was that of John W. Wyatt, on November 1, 1880. From such conviction the defendant has appealed.

Error from Pottawatomie District Court. At the August Term, 1880, of tbe district court, Kyle, as plaintiff, recovered a certain judgment against defendant,. Rapp, who brings the case here. The opinion states the facts.

Error from Ellsworth District Court. Action brought by Charles F. Craver and Alonzo Steelet partners as Craver & Steele, against Hornburg, on a promissory note. Trial at the February Term, 1881, of the district court, and judgment for the defendant. The plaintiffs bring the case here. The opinion states the facts.

Error from Lyon District Court. September 9, 1879, Josie A. Manning, N. E. Weaver and H. B. Lowe bécame sureties in an undertaking executed by George W. Brown, to obtain an order of delivery in an action brought by him against Mrs. E. 8. Manning and two others, to recover the possession of certain cattle. Thereupon such - order was issued, the cattle taken thereunder, and delivered to-Brown. At the September Term, 1880, of the district court, Brown dismissed the above action.

Error from Allen District Court. Action of forcible .entry and detainer, brought by Burdette against Corgan. At the March Term, 1881, the court sustained defendant’s motion for a new trial, which ruling the plaintiff brings here. The nature of the action, and the facts, appear in the opinion.

Error from, Allen District Court. Application, by Amos, as administrator of the estate of Bayard Livingston, deceased, for the sale of certain real estate. This application, so far as it concerns one piece thereof, was resisted by the widow of decedent, and Paul Fisher. Judgment for defendants, at the November Term, 1880, of the district court. The plaintiff brings the case here. The opinion states the facts.

Error from Chautauqua District Court. Action for the recovery of money, brought by Lee against Orrin D. Lemert and five others. At the March Term, 1881, the court sustained a general demurrer to the plaintiff’s petition, filed by two of the defendants, and dismissed the action as to them. The plaintiff brings this ruling here. The opinion contains a statement of the facts.

Error from Cloud District Court. August 16, 1880, by an agreement in writing between Richard Coughlin and D. J. Smith, the former, without the consent of his wife, Mary J. Coughlin, and against her will, leased to the latter for a term of five years from March 1, 1881, and at a yearly rental of $360, his two farms situate in Cloud county, one thereof being then occupied by him as his homestead. Under this agreement Smith obtained partial possession of the homestead.

Original Proceedings in Quo Warranto. Action in the nature of quo warranto, brought in this court April 14, 1881, by Showalter against Cox,'to determine whether plaintiff is entitled to the office of justice of the peace in and for the city of Wellington, in the county of Sumner. The opinion states the facts.

At the March Term, 1881, of the district court, William A. Lewis was convicted of obtaining money or property by false pretenses. His motions for a new trial and in arrest of judgment being severally overruled, he was sentenced to a term of four and one-half years in the penitentiary, from which sentence he appeals. The facts appear in the opinion. The information is defective in the following particulars: 1.

Error from Wilson District Court. Action upon an account, brought by Taylor and Williams against Kuhuke. March 18,1881, the district judge sustained defendant’s motion to discharge an attachment which had been issued and levied upon certain property of defendant. This ruling the plaintiffs have brought here for review. The opinion states the facts.

Error from McPherson District Court. The nature of the action, and the facts, appear in the opinion. At the October Term, 1880, of the district court, the motion of Gates & Kendall to revive a certain judgment in their favor against Lindgren Bros, was sustained, and the motion of the latter to dismiss such proceeding was denied. Lindgren Bros, bring the case here.

Error from Neosho District Court. At the July Term, 1880, of the district court, Gilbert & Gay, partners, as plaintiffs, recovered a judgment against certain parties, including Leppo, who brings the case here. The facts appear in the opinion.

Error from-Wyandotte District Court. At the December Term, 1879, of the district court, McMahon as plaintiff recovereda certain judgment against Wolf and wife, who bring the case here. The opinion states the facts.

Error from, Dickinson District Court. Action brought by Alfred W. Rice and H. H. Floyd, partners as Bice & Floyd, against Simpson and two others, to enforce a mechanics’ lien upon lots 12 and 13, in block 21, in Kinney and Hodge’s addition to the city of Abilene. C. A. Hodge and H. J. Hodge, partners as Hodge Brothers, and David T. Snyder were upon their request made parties to the action. The pleadings, proceedings and facts appear in the opinion.

Error from Brown District Court. The nature of this action, and the facts, sufficiently appear in the opinion. December 24, 1880, the district judge, at chambers, made a certain interlocutory order in favor of Elizabeth Seip and Anna M. Seip, which order MorriU & Janes have brought here for review.

Error from Ellsworth District Court. At the September Term, 1880, of the district court, McLennan, as plaintiff, recovered a judgment against Freeman, who brings the case here. The opinion contains a statement of the facts.

Error from Dichinson District Court. At the November Term, 1880, of the district court, Haxtun and another, as plaintiffs, had judgment against Fisher and another, who bring the case here. The opinion states the facts.

Information against Charles Granville, William Lloyd, Lewis Logan, and Samuel Stewart, for an assault and battery upon and with intent to maim E. C. Willis, on February 3, 1881. Trial at the March Term, 1881, of the district court, when the defendant Granville was found guilty of an assault and battery, and sentenced to pay a fine of $3.

<p>1. Issues, When Made up and Action Triable. While under $ 315 of the code the issues must be actually made up at least ten days before the commencement of a term in order to make the action triable at that term, yet when the issues have been once fully made up by the filing of pleadings, or by failure to file them, said section has spent its force, and thereafter any change in the issues caused by the filing of new or amended pleadings by leave of the court or consent of the parties does not, by reason of said section, necessarily cause a delay of the trial.</p> <p>2. Bevivor oe Action; Administrator a Party; No Error, When. When revivor of an action in the name of an administrator is proper, it should be revived in the name of the administrator appointed by the probate court, and this notwithstanding such administrator may be a party to the action, and has an interest adverse to that of the estate; and when in such a case the revivor was so made, and a disinterested attorney appointed by the court to look after the interests of the estate in that action, held, no error.</p> <p>3.--Discretion of Court. When in one action several liens are sought to be foreclosed on the same property, held, that it is discretionary with the court whether to permit a separate trial of the several issues raised by these various claims, or to try them all together.</p> <p>4. Jury Trial, Waiver of. When parties have once waived a trial by jury and the court has set the case down for trial among the court cases and discharged the jury, held, that such waiver concludes the parties for that entire term at least, and they may not, when the case is .called for trial, require a jury or a postponement.</p> <p>5. Mechanics’ Lien ; Evidence; Finding Sustained. While it is undoubtedly true, that in order to sustain a mechanics’ lien for materials it must appear, not only that the materials were purchased to be used in the building, but also that they were in fact so used, yet when it is satisfactorily shown that the materials were sold to be used in such building, that they were delivered to the builder, and that the building was actually built, and when there is testimony showing that some of the materials were actually used in the construction of the building, and there is nothing even raising a suspicion that the materials after having been delivered for the purpose were used elsewhere by the builder, or that an unnecessary amount of material was purchased for such a building( held, that a finding of the trial court sustaining the lien will not be disturbed although it was not affirmatively and specifically shown as to each article that it went into the building.</p> <p>6. Account Book, Made, from, Blotter, Properly' in Evidence. A merchants’ account book was offered in evidence; it appeared that the memorandum of sales was made as they took place on a little pass-book or blotter, that at the close of each day, or at most with a delay of but a day or two, these memoranda were copied into the journal or account book offered in evidence; it also appeared that these pass books or blotters had been lost or destroyed, and the party who made the copies in the account hook testified that they were correct. Held, No error in admitting such book of account.</p>

Error from Lyon District Court. Action for an alleged slander, brought by Sarah M. Wight against Catherine Mundy. Trial at the September Term, 1880, of the district court, and verdict and judgment for the plaintiff for $50. The defendant brings the case here. The opinion contains a sufficient statement of the facts. 1.

Error from, Osborne District Court. Action for divorce, brought by Elizabeth M. Earls against Benjamin F. Earls. May 8, 1880, the judge of the district court made an order allowing the plaintiff $30 on account of her support, and $30 for the preparation of this suit, which order the defendant brings here for review.

Error from Elk District Court. At the April Term, 1877, of the district court, Leach, as plaintiff, recovered a certain judgment against defendant Weaver, who brings the case here. The opinion states the facts.

Original Proceedings in Mandamus. On the 13th of September, 1880, on the petition of the Board of Commissioners of the County of Marion, an alternative writ of mandamus was issued out of this court… Held: within the principle of The City v. Lamson, supra, that the enactment of the funding law, proprio vigore, validated the original bonds, but it is not necessary to go to that extent.

Error from Lyon Eistriot Court. Action brought by The State of Kansas against Davis and another, as sureties upon a certain forfeited recognizance. Trial and judgment for the defendants at the September Term, 1880, of the district court. The State brings the case here. The opinion states the facts.

At the May Term, 1881, of the district court, Small was found guilty of embezzlement, and sentenced to imprisonment in the penitentiary for the term of three years, from which sentence he appeals.

Error from Harvey District Court. Action upon a note and a mortgage, brought by two partners under their firm-name, The Chicago Lumber Company, against Edmund Ashworth and wife. Trial and judgment for the defendants at the March Term, 1881, of the district court. The plaintiff brings the case here. The opinion states the facts.

Error from, Douglas District Court. Action brought by Koons against the JEtna Life Insurance Company, to recover $300, with interest from December 1, 1874. Trial at the April Term, 1880, of the district court, and judgment for the plaintiff for $119. The defendant brings the case here. The opinion states the facts.

Error from, Neosho District Court. At the April Term, 1881, of the district court, Pickett, as plaintiff) recovered a judgment against defendant Bowen, who brings the case here. The opinion states the facts.

Error from Davis District Court. March 1, 1881, James, as plaintiff, recovered a judgment against Robert O. Rizer and Moses Waters, as partners. The defendant Waters brings the case here. The opinion states the facts.

Error from, Bice District Court. Replevin brought by Hodges against Paul, to recover the possession of an Illinois Haines header. At the June Term, 1880, the court overruled the defendant’s motion to set aside the affidavit and order of delivery, becausé'of the insufficiency •of the affidavit filed in the case. This ruling the defendant brings here for review.

Error from, Marshall District Court. ' At the March Term, 1881, of the district court, Eaton and three others, as defendants, recovered a judgment against McKee and four others, as plaintiffs, who bring the ease here. The opinion states the facts.

At the June Term, 1881, the district court sustained the defendant’s plea in abatement to a charge for the violation of a certain ordinance of the city of Olathe, to which ruling the plaintiff excepted, and has appealed. The nature of the prosecution, and the facts, appear in the opinion.

Prosecution for stealing a light bay horse of the value of $100, the property of Eobert P. Johnson. At the April Term, 1881, of the district court, the defendant John Buckles was found guilty as charged, and sentenced for a term of four years in the penitentiary. From such judgment the defendant appeals. The opinion states the facts.

Error from Allen District Court. Ejectment, brought by Sarah A. Walker against Squire Young and two others, to recover the possession of certain lands situate in Allen county. Trial by the court, at the adjourned June Term, 1880, when the court made certain findings of fact, and a conclusion of law thereon, in favor of the plaintiff, and rendered judgment accordingly. ■ The defendants bring the case here. The opinion contains a statement of the facts.

Error from Cowley District Court. At the December Term, 1880, of the district court, M. T. Creen, E. T. Williamson and Geo. Held: and is well established, that in the case of a continuing guaranty, not only must notice of acceptance be given, but also within a reasonable time after all the transactions are closed, the guarantor must be notified of the amount due under the guaranty.” (Brandt on Suretyship, §163, and cases cited.) 3.

Error from Crawford District Court. Replevin, brought by Ledbetter against Bricker and wife, to recover the possession of a certain house. Trial at the January Term, 1881, of the district court, and judgment for the plaintiff. The defendants bring the case here. The facts appear in the opinion.

Error from Atchison District Court. Action for divorce, brought by Robert M. Prather against Amelia Prather. Trial at the November Term, 1880, of the district court, and judgment for the plaintiff. The defendant brings the case here. The opinion states the facts.

Error from Johnson District Court. At the June Term, 1881, of the district court, defendant Gibbs had judgment against plaintiff Buchanan, who has brought the case here. The nature of the action, and the facts, appear in the opinion.

Error from Lyon District Court. Action by Kiser against the Board of Commissioners, for damages claimed upon the laying-out of a new road. Judgment for the plaintiff, at the March Term, 1881, of the district court. The Board brings the case here. The opinion states the facts.

Error from Woodson District Court. Ti-ib nature of this action, and the facts, appear in the opinion. At the June Term, 1881, of the district court, Girard had judgment against Barrackman, who brings the case here.

Information for murder, charging George H. Sehoenewald with the felonious killing of John Letcher, in the county of Montgomery, August 5,1877. At the September Term, 1880, of the district court, the defendant was convicted of manslaughter in the first degree, and sentenced to the penitentiary for a term of twenty years, from which judgment he appeals.

Error from Shawnee District Court. Action brought by Bodwell against Crawford, to restrain the defendant from using for general amusements, and especially for theatrical purposes, a certain building situate upon lots 217, 219 and 221, on Van Burén street, in the city of Topeka, and to abrogate a certain lease, etc. The nature of the action, and the facts, appear in the opinion. The defendant filed a general demurrer to the petition, which the court on May 30, 1881, sustained.

Error from Sumner Distriot Court. Proceeding by the Wellington & Western Railroad Company to condemn the right of way through Lovitt’s land. Plaintiff, intending to appeal from the award of $172 damages made in his favor, filed a certain bond with the county clerk. At the November Term, 1880, of the district court, this bond was adjudged void, and permission to file a new bond was refused. Lovitt brings the. case here. The opinion states the facts.

M'ror from Shawnee District Court. Action under § 525 of the code, upon an agreed statement of facts filed in the office of the clerk of the district court, January 17,1881, from which it appears, among other things, that— On the 10th day of November, 1880, executions were duly issued and delivered to A. Kuykendall, a constable of the city of Topeka, in the following cases, to wit: M. H. Case v. George O. Wilmarth, Williamson-Stewart Paper Company v. George O. Wilmarth, T.…

Error from Harvey District Court. Replevin, brought by Casterline against Day, to recover the possession of a spotted-roan male calf, of the value of $15. Trial at the March Term, 1880, of the district court, when the defendant recovered a judgment against the plaintiff for costs. The plaintiff brings the case here. The opinion states the facts.

Error from Harvey District Court. Action brought by Killam against Sehoeps, upon a certain written contract held by plaintiff as indorsee.

Error from, Rush District Court. Replevin, brought by Kurtz against Miller, as sheriff of Rush county, and his deputy, to recover the possession of a certain stock of merchandise. Trial at the November Term, 1880, of the district court, and verdict and judgment for the defendants. Kurtz brings the case here. The opinion states the facts.

Error from, Elk District Court. Beplevin, brought by Blake against Powell, to recover the possession of a general stock of merchandise. Trial at the April Term, 1881, of the district court, and verdict and judgment for the defendant. The plaintiff brings the case to this court. The facts appear in the opinion.

Error from, CheroJcee District Court. Action brought by H. R. Beers and 8. M. Sovereen, against B. F. Hobart and C. M. Condon, to recover for their conversion of certain railroad ties, and bridge and trestle timber. Trial at the October Term, 1880, of the district court, and judgment for the plaintiffs. New trial denied, and defendants bring the case here. The opinion states the facts.

Error from Wilson District Court. At the May Term, 1881, of the district court, Baker, as plaintiff, had judgment against Newland, who brings the case here. The opinion states the facts.

Error from, Osage District Court. Action brought by the The Carbon Coal and Miming Company against Drake, as trustee of Superior township, in Osage county, to enjoin the defendant from entering upon plaintiff’s premises to open a supposed highway. Trial at the April-Term, 1881, of the district court, and judgment for the defendant. The plaintiff brings the case here. The opinion states the facts.

Error from Leavenworth District Court. Action to determine who are the holders of the shares of stock in the Second National Bank of Leavenworth, and for a final distribution of the assets among the persons entitled to the same. Plaintiffs filed their original petition in the district court of Leavenworth county, March 31, 1877. The amended petition was filed August 3,1877.

Error from Shawnee District Cowrt. . Action brought by the Topeka Equipment Company against the Board of Commissioners of Shawnee County, the treasurer of state, and the auditor of state, to determine where and by whom certain property belonging to the plaintiff should be assessed.

Error from Smith District Court. Action brought by the Minneapolis Harvester Worhs Co. against Cummings, to recover for certain notes placed in the hands of defendant for collection. Trial at the October Term, 1880, of the district court, and judgment for the defendant. The plaintiff brings the case here. The opinion states the facts.

Error from Doniphan District Court. On October 29,1877, the probate court of Doniphan county allowed a claim in favor of J. D. Stillman against the estate of Archibald Webb, deceased, for $600, and assigned it to the second class of claims, and another claim of his of $1,400, which was assigned to the fifth class. About $150 was paid on the claim of the second class, although the administrator had paid $6,000 on certain other claims of the fifth class.

This case was decided at the January Term, 1881, of this court, and is reported in 25 Kas. 707, ei seq. It was then ordered that the judgment of the court below be corrected in accordance with the views expressed in the opinion. Hoppin, defendant in error, filed a motion for a rehearing, which motion was heard, and is now decided.

Error from Osage District Court. Action upon a promissory note, brought by Shepard and another, late partners as Shepard & Waldo, against Lynch. Trial at the April Term, 1877, of the district court, and judgment for the defendant. New trial denied, and plaintiffs bring the case here. The opinion states the facts. The attorneys for plaintiffs in error here were not their attorneys in the district court.

Error from, Jefferson District Court. Action brought by Kirkpatrick against Eagle Lodge No. 38, of the Independent' Order of Odd Fellows of Kansas, and 109 others, to recover damages for an alleged libel. Trial at the June Term, 1878, of tire district court, and judgment for the defendants for costs. The plaintiff brings the case here. The opinion states the facts.

.Prosecution begun August 9, 1881, by the City of Leavenworth, in the police court of said city, against Weaver, for an alleged violation of a certain ordinance of that city. The court sustained the defendant’s motion to quash the complaint filed against him, and gave judgment accordingly. The city appeals. The opinion states the facts.

Original Proceedings in Mandamus. Action brought in this court June 23, 1881, by the State of Kansas, on the relation of the attorney general, against E. W. Metzger, as director of School District No. 24, of Jefferson county, to compel him to unite with the clerk of said district in the execution of certain bonds duly voted by that district for building a school house therein. An alternative writ was issued from this court, which defendant answered, showing cause.

Error from Chase District Court. Ejectment brought by Farlin against Sook, to recover the possession of certain lands in Chase county. Trial at the January Term, 1881, of the district court, before C. N. S., judge pro tern., and a jury, and verdict and judgment for the defendant. The plaintiff brings the case here. The opinion states the facts.

Prosecution by The State against Kuhuke, for an alleged violation of § 3 of the dramshop act. Trial at the September Term, 1880, of the district court, and verdict and judgment against Kuhuke, who appeals. The opinion states the facts.

Error from Rooks District Court. Action brought by Dixon against Reid and two others, upon an undertaking in appeal from the judgment of a justice of the peace. At the October Term, 1880, of the district court, the plaintiff- recovered a judgment for $138.80 and costs against defendants, who bring the case here.

Error from Wyandotte District Court. Action brought bj Arn against Hoerseman and three others, to set aside certain deeds. Trial by the court at the April Term, 1879, when the court found generally for the defendants and against the plaintiff, and gave judgment accordingly. Arn brings the case here. A sufficient statement of the facts is contained in the opinion.

<p> Error from Doniphan District Court. </p> <p>Action brought by Hargus and another, partners, against Snyder, on a promissory note. Trial at the March Term, 1880, of the district court, and judgment for the plaintiffs. Snyder brings the case here. The opinion contains a sufficient statement of the facts.</p>

Original Proceedings in Mandamus. Action brought in this court March 21,1881, by The State of Kansas, on the relation of A. G. McBride, county attorney of Phillips county, against the Board of Commissioners of said county, consisting of M. Fisher, H. S. Granger and L. P. Johnson, to compel such board to order an election for the relocation of the county seat of that county.

Error from Labette District Court. ' Action brought by Lindsay against the City of Parsons, to recover damages for personal injuries resulting from a fall caused by a defective street-crossing. Trial at the February Term, 1880, of the district court, and judgment for the plaintiff for $3,000 and costs. The defendant brings the case here. The facts appear in the opinion. 1.

Error from Harvey District Court. Action brought by Lynch against Herman, to recover $265 received by the defendant from the plaintiff, with which to purchase exchange for plaintiff. Trial at the March Term, 1880, and judgment for the plaintiff for $176.44, and costs. Herman brings the case here. The facts sufficiently appear in the opinion.

Error from Lyon District Court. Action brought by Joseph Brown, as administrator of the estate of William Haas, deceased, against the Railroad Company, to recover damages alleged to have resulted from the negligence of the defendant in wrongfully causing the death of said Haas. Trial at the March Term, 1881, of the district court, when the jury made certain special findings of fact, and rendered a verdict for plaintiff for $10,000.

Error from Wyandotte District Court. Action brought by Ryus against Mason, to recover the value of certain volumes of a set of abstract books of the county of Wyandotte, and also for money had and received. Trial at the July Term, 1880, of the district court, and judgment for the plaintiff. The defendant brings the case here. The opinion states the facts.

Error from Labette District Court. Action by Conroy against Perry, to foreclose a mechanics’ lien. The facts appear in the opinion in Perry v. Conroy, 22 Kas. 717, et seq., and in the opinion, infra. At the November Term, 1880, the court sustained defendant’s demurrer to the plaintiff’s amended and supplemental petition, and rendered judgment for costs against Conroy, who brings the case here.

Error from Allen Distriot Court. Action brought by Scott and others against White, for the recovery of money. At the March Term, 1881, the district court affirmed the judgment of the justice of the peace for the plaintiffs, and against the defendant White, who brings the case here. The opinion states the facts.

Error from Bourbon District Gourt. At the May Term, 1881, of the district court, plaintiff Whittekind had judgment against defendant Walrath, who brings the case here. The opinion states the facts.

Original Proceedings in Habeas Corpus. Petition for a writ of habeas corpus, filed iu this court by J. H. E. Ackley, September 21, 1881. The facts are sufficiently stated in the opinion, filed herein December 9, 1881.

Error from Elk District Court. At the April Term, 1881, of the district court, the defendant, School District No. 19, in Elk county, had judgment against plaintiff Jones, who brings the case here. The opinion states the facts.

This case was decided at the January Term, 1881, of this court, and is reported in 25 Kas. 588, et seq. The judgment against the city having been affirmed, the city, July 30,1881, filed a motion for a rehearing, which is now decided.

Error from Elk District Court. Action by plaintiff, to compel specific performance.

Error from Johnson District Court. At the June Term, 1881, of the district court, Golden, as plaintiff, recovered a judgment against defendants, Reed and Baxter, who bring the case here. The facts are stated in the opinion.

Error from Labette District Court. Ejectment, brought by the Parsons Town Company to recover possession of certain lands occupied by the Railway Company, and claimed by the company as its right of way under condemnation proceedings. The case was tried without the intervention of a jury, upon the following agreed statement of facts: “1.

Error from, Saline District Court. At the May Term, 1881, the district court affirmed an order made by the Board of Commissioners of Saline county for the removal and relocation of a certain bridge, situate in Greeley Township, in that county. To reverse this order, the Township brings the case here. The facts appear in the opinion. 1. A public bridge is a highway, and the powers of the commissioners are limited by the road laws. (12 East, 192; 7 id. 588; Dass.

Error from, Mitchell District Court. Action brought by Ames against Neifert, to recover rent for farming land. Trial at the December Term, 1880, of the district court, and judgment for the plaintiff. The defendant brings the case here. The opinion states the facts.

Error from Montgomery District Court. Action brought by E. L. Foster, as administrator of the estate of George L. Foster, deceased, against Susan JR. Mays, and nine others, to recover $1,000, with interest thereon at the rate of twelve per cent, per annum from February 19, 1875, and to foreclose a certain deed or mortgage upon the southeast quarter of section 32, township 34, range 17, east, in Montgomery county.

Error from Johnson District Court. Action brought by Emma J. Rodgers against Clemmans and others, to reform an administrator’s deed to certain land in Johnson county, and to eject defendants therefrom. Trial at the March Term, 1880, of the district court, and judgment for defendants. The plaintiff brings the case here. The facts are stated in the opinion.

Error from, Harper District Court. Injunction, brought by Privett against Stevens and two others, as commissioners of Harper county, and the county clerk and district clerk of that county. The nature of the action, and the facts, appear in the opinion. July 28, 1881, at Hutchinson, Hon. Samuel R. Peters,, judge of the district court, at chambers, made an order dissolving the temporary injunction made herein by the probate judge of Harper county.

Error from Johnson District Court. Action brought by Robert Greenwell against Dorcas Green-well, on account of boarding and washing, to the amount of $900. May 7,1881, the judge of the district court dissolved an attachment which had been issued herein, and at the June Term, 1881, dismissed the action. The plaintiff brings the case here. The facts appear in the opinion.

At the December Term, 1880, of the district court, Mulligan McAnulty was convicted of burglary and larceny, and sentenced to imprisonment in the state penitentiary for a term of six years. From such conviction he has appealed to this court.

Error from Harvey Distriot Court. Action originally brought before a justice of the peace by Seymour, Sabin & Co. against Leroy Cooper and another, on a promissory note. At the March Term, 1881, of the district court, the rulings and judgment of the justice were affirmed. The plaintiffs bring the case here. The nature of the action, and the facts, appear in the opinion.

Error from Reno District Court. Replevin, brought by Rozell against the Denver Leather, Whip and Collar Company and another. Trial at the February Term, 1880, of the district court, and judgment for the defendants. Rozell brings the case here. The opinion states the facts.

Error from Cowley District Court. At the December Term, 1880, of the district court, the defendant Huey, as administrator of the estate of Albert Chamberlain, deceased, had judgment against plaintiff Case, who brings the case here. The opinion states the facts. 1. The notice to take depositions was sufficient as to form. The administrator relied upon that peculiar provision of Comp.

Error from Clay District Court. Action brought by Sterrett against Lutt, ou an appeal bond. At the January Term, 1881, of the district court, the defendant’s demurrer to the plaintiff’s petition was overruled. The defendant brings the case here. The opinion states the facts.

Error from Woodson District Court. Action brought by Fisher against Ostmeir and another, on a promissory note. Trial at the June Term, 1880, of the district court, and judgment for defendant Stockebrand, as administrator of the estate of the defendant Orth, deceased, and against the plaintiff, who brings the case here. The opinion states the facts.

Error from MoPherson District Court. Replevin, brought by the Kansas Lumber Company against Mills, for the recovery of a horse. Trial at the October Term, 1880, of the district court, and judgment for the plaintiff. Mills brings the case here. The facts appear in the opinion.

<p> Error from Saline District Court. </p> <p>Action brought by Burch against Sargent, as county clerk of Saline county, to compel defendant, as such officer, to duly issue to plaintiff a warrant for $94.90, directing the treasurer of that county to pay plaintiff said sum — the same being due from the county as its proportionate share of the cost, of a certain ditch, which had been constructed in accordance with the provisions of ch. 34, Comp. Laws of 1879. Trial at the August Term, 1880, of the district court, when it was ordered that the defendant issue the warrant prayed for, and costs were adjudged against him. Sargent brings the case here.</p>

Action brought before a justice of the peace of Osage county, by Allison against Ahlers, to recover $80 due for rent of farming land, and to etíforce a lien therefor under § 28, ch. 55, Comp. Laws of 1879. Trial July 10, 1880, when the justice found for defendant, and adjudged that he recover of plaintiff the costs of the action.

Action brought before A. M. Hall, a justice of the peace for the city of Osage City, in Osage county, by Hendrix against Harding, on a promissory note, whereon, January 24, 1881, judgment was rendered for the plaintiff, and against the defendant, for $57.25 and costs.

Error from Greenwood District Court. At the May Term, 1878, of the district court, in an action brought under ch. 39, Laws of 1877, the Board of Commissioners of Greenwood county had judgment against certain lands situate in that county, including the S. \ of N.J of S. W.£ of sec. 12, tp. 22, range 11, owned by Pritchard. At the May Term, 1881, the district court overruled the owner’s motion that the decree as to his land be opened, and that he be let in to defend.

Error from Chautauqua District Court. Action brought by Thomas E. Tootle, T. K. Hanna, William Peale and J. A. Dayton, partners as Tootle, Hanna & Co., against Henry O. Lyster and others. “Plaintiffs allege that on the 17th day of February, 1880,. the said defendant L. P. Getman was the owner of certain, goods and chattels then being in a certain warehouse owned by said Getman, situate in the city of Sedan, in the aforesaid county of Chautauqua, subject however to certain…

Error from, Harvey District Court. At the March Term, 1880, of the district court, Noble, as plaintiff, recovered a judgment against the defendants, who bring the case here. The facts appear in the two opinions herein.

Error from, Franklin District Court. Action brought by Dyer against Alvah Elder and P. P. Elder, on a promissory note. Trial, and judgment for plaintiff, at the May Term, 1881, of the district court. The defendant P. P. Elder brings the case here. The opinion states the facts.

Error from Phillips District Court. Action brought by PI. J. Cameron, Charles W. Hull and M. H. Johnson, partners under the name of Cameron, Hull & Co., against T. A.. Marvin, for the recovery of certain grain, flour, and other property. It is admitted that all the property in controversy once belonged to H. J. Patterson, and all the parties claim under him.

Original Proceedings in Mandamus. May 7, 1881, on the petition of the Alliance Mutual Life-Assurance Society of the United States, an alternative writ of mandamus was issued out of this court and directed to Orrin■ T. Welch, superintendent of insurance of the state of Kansas, commanding the defendant to deliver to such society certain securities belonging to it and deposited with the treasurer of' state, or to show cause. The defendant answered, showing cause.

Error from Shawnee District Court. At the January Term, 1880, of the district court, plaintiff Higginbotham obtained certain judgments and final orders against defendants Ritchie and another, and the former brings the case here. The nature of the action, and the facts, appear in the opinion.

Original Proceedings in Habeas Corpus. Petition for a writ of habeas corpus, filed in this court by Morris A. Chapsky, October 11, 1881. For the petitioner, counsel were Howell Jones, J. D. McFarland, John Martin, and J. D. 8. Cook. For the respondents, Joseph H. Wood and wife, counsel were George R. Peck and L. C. Slavens. The case was argued orally by Messrs. Martin, McFarland and Cook for the petitioner, and by Messrs. Peck and Slavens for the respondents.

Error from Pottawatomie District Court. Action brought by Benton against Nason and two others, as commissioners of Pottawatomie county, to restrain the canvass of the votes or any declaration of the result of a certain county-seat election. Trial at the adjourned March Term, 1881, of the district court, and judgment for the defendants and against the plaintiff, who brings the case here. The opinion states the facts.

<p> Error from Nemaha District Court. </p> <p>Action brought by Morris against Ervin and wife and two others, upon certain promissory notes and a mortgage. Judgment for the plaintiff, at the April Term, 1881, of the district court. The defendants bring the case here. The opinion states the facts.</p>

Error from Atchison District Court. The nature of this action, and the facts, appear in the opinion. May 18, 1881, the district court dissolved a temporary injunction which had been granted by the probate judge of Atchison county on behalf of the Central Branch Union Pacific Railroad Company and against the Atchison, Topeka & Santa Fé Railroad Company, which ruling the plaintiff company brings here for review.

Error from, Wyandotte District Court. Action brought by Robert W. Wood and another, against • Robert O. Fowler and three others, to restrain defendants from cutting and removing any ice that may be formed upon the surface of the Kansas river within certain described boundaries. Trial at the April Term, 1881, of the district court, and judgment for the defendants. The plaintiffs bring the case here. The opinion states the facts. 1.

Error from Douglas District Court. Action brought by Solomon H. Kohn, Morris Kohn, and M. W. Levy, partners as Kohn Brothers & Company, against Watkins, upon certain drafts, copies of which are as follows: No. 6639. Office of J. B. Watkins & Co., 1 Lawrence, Kas., April 20, 1880. f Pay to the order of Geo. W. Cobb, three hundred and fifty-five dollars. J. B. Watkins & Co. $355. To Merchants’ Bank,- Lawrence, Kansas. [Indorsements:] Pay to the order of R. G. McLain. Geo.

Error from Atchison District Court. Action brought by Andrews against the Railroad Company, to recover damages to certain lots in the city of Atchison, owned by the plaintiff. Trial before W. D. W., judge pro tern., and a jury, at the November Term, 1880, of the district court, and verdict and judgment for the plaintiff for $2,000. The defendant brings the case here. The facts are stated in the opinion.

Error from, Franklin District Court. Action brought by Thompson against Fierce and another, to quiet the title to certain lands situated in Franklin county. Trial at the May Term, 1878, of the district court, and judgment for the plaintiff. The defendants bring the case here. The opinion states the facts.

Error from Oloud District Court. Ejectment, brought by Guffin and wife against Linney, to recover certain lots in the city of Concordia. Trial at the August Term, 1880, of the district court, and judgment for the defendant. The plaintiffs bring the case here. The opinion states the facts.

Error from Brown District Court. At the February Term, 1879, of the district court, an order was made in favor of plaintiff Caruthers, dismissing the appeal of defendant Dowell from a certain judgment rendered by a justice of the peace. Dowell brings the case here. The opinion states the facts.

Error from Shawnee District Court. Action brought by The State of Kansas, on the relation of the attorney general, against John Francis, as treasurer of state, .to restrain the defendant from payings certain warrant, and to determine the validity of chapter 20 of the Laws of 1879. The nature of the action, and the facts, appear in the opinion. Trial at the December Term, 1880, of the district court, and judgment for the defendant. The State brings the case here.

Error from Allen District Court. Ejectment, brought by Boeken against Alderman, for the recovery of certain land in Allen county. Trial at the November Term, 1880, of the district court, and judgment for the plaintiff, and also that the defendant have the benefit of the occupying-claimant act. The plaintiff brings the case, here. The facts appear in the opinion.

Error from, Brown District Court. Mandamus, brought by Beathard against Herbert, to compel the defendant as a justice of the peace to do certain acts mentioned in the opinion herein. Trial at the May Term, 1881, of the district court, and judgment for the plaintiff. The defendant brings the case here.

Error from Allen Eistriet Court. Action brought by Cuppy against the Union Trust Company of New York and the M. K. & T. Ely. Co., to recover for damages to plaintiff’s land and crops. Trial at the March Term, 1880, of the district court, and finding and judgment for plaintiff. The defendants brings the case here. The opinion states the facts. 1.

Error from Mice District Court. Action originally brought before a justice of the peace-by Muscott against Hanna, to recover $25, which he claimed to be due him from the defendant for his services as an attorney at law in certain cases. First trial before the justice-July 5, 1879, and verdict for plaintiff for $10. July 7th new trial granted, and second trial before the justice, July 16th, 1879. Judgment for plaintiff for $15, together with his costs, taxed at $33.60.

Error from Wilson District Court. Action on a druggists’ bond, given under ch. 128, L»ws of 1881, brought by The State of Kansas against C. IP. Pierce as principal, and Charles Blume and James Wiley as sureties in said bond. Trial at the September Term, 1881, of the district court, and judgment for the defendants. The State brings the case here. The facts sufficiently appear in the opinion.

Original Proceedings in Habeas Corpus. Petition for a writ of habeas corpus, filed in this court by John Phillips against J. M. Thralls, sheriff of Sumner county, December 8, 1881. The facts are sufficiently stated in the opinion.