Volume 31 — Kansas Reports

Error from Lyon District Court. At the March Term, 1883, the defendant Railroad Company recovered a judgment against the plaintiff Brown, as administrator, etc., who brings the case here. The facts are stated in the opinion. In addition to our former briefs, we submit that the only-question before the court on this demurrer, is whether there was any evidence to warrant a jury in finding for the plaintiff.

Error from Nemaha District Court. Action of replevin, brought before a justice of the peace by Charles C. Wheeler and Charles A. Barber, partners as Wheeler & Barber, against John Griffiths, to recover the possession of certain neat cattle.

<p>Supreme Court — Proceeding in Ph-ror, too Late. Under the statute of 1881, proceedings for reversing, vacating, or modifying judgments or final orders must be commenced in the supreme court within one year after the rendition of the judgment or the making of the final order complained of, except in case the person entitled to such proceeding be under disability.</p>

At the July Term, 1882, of the district court of Wyandotte county, Henry recovered a judgment against Reicheneker, brings it here for review.

At the June Term, 1883, of the district court of Elk county, plaintiff Richolson obtained a certain judgment against the defendant Railway Company, which brings it here for review.

Error from Miami District Court. The nature of the action, and the facts, appear in the opinion. Defendant Coonradt brings the case to this court.

Error from Coffey District Court. Action brought by Sherwood against Blackistone, to quiet his title to the S.E.jj- see. 7, township 22, range 17, in Coffey county. The defendant set up a certain tax deed. The plaintiff alleged that the final tax notice was not published as the statute requires. A copy of the final notice is as follows: COUNTY TREASURER’S NOTICE OE LANDS AND LOTS SUBJECT TO TAX DEED. State of Kansas, County of Coffey.

Error from Greenwood Eistriet Court. Action in the nature of ejectment, brought by Agnes Madren against Horatio Pritchard, in the district court of Greenwood county, to recover the south half of the north half of the southwest quarter of section 12, in township 22, of range 11, in said county. The case was tried before the court without a jury, at the May Term, 1882, and the court made the following findings of fact, to wit: “1.

¶ § Petition for a writ of habeas corpus, filed in the district court of Lyon county by F. H. Macke against T. L. Ryan as sheriff of that county. The writ was issued, and thereafter, on the 11th day of August, 1883, the matter was heard in the court aforesaid, and the petitioner remanded to the sheriff’s custody. He appeals.

Error from Atehison District Court. Action in attachment by C. M. Henderson & Co. against N. Stetter. Trial by the court at the June Term, 1882, when the court found as a conclusion of law that the attachment lien of the plaintiffs upon certain funds was subsequent to the attachment liens of Carson, Pirie, Scott & Co., Wm. Ziock & Co., and Selz, Schwab & Co., and made an order accordingly. This order plaintiffs bring here.

<p> Error from McPherson District Court. </p> <p>The opinion states the nature of the action, and the facts. January 12,1882, verdict and judgment for defendant Turner. The plaintiff Foster brings the case to this court.</p>

Error from Butler District Court. At the May Term, 1883, the defendants, C. A. Stine and his wife, Lydia A. Stine, bad judgment against plaintiffs, Tootle, Hanna & Co., who bring it here for review. The opinion states the facts.

Error from Wyandotte Eistrict Court. Action by Wood and another against Gruble and another, to recover lot 6, in block 154, in Wyandotte citv. Trial at the April Term, 1883, and judgment for defendants. The plaintiffs bring the ease here. The facts are stated in the opinion.

Original Proceedings in Habeas Corpus. Petition for a writ of habeas corpus in behalf of James Lewis and three others, filed in this court, October 16, 1883. The facts appear in the opinion filed at the December, 1883, session of the court.

Error from Jewell District Court. The opinion states the case. Judgment for the defendants, C. Dyson and W. M. Allen, at the April Term, 1883. Plaintiff, Head, brings it here for review.

Error from Chase District Court. Action brought by Zeno W. Morgan against The Atchison, Topeka & Santa Fé Railroad Company, to recover damages for the killing of two steers and the injury of a third at a public crossing, through the culpable negligence and mismanagement of the employés of the railroad company. Trial at the May Term, 1883. The jury returned a verdict for the plaintiff, and assessed his damages at $74.16. They also made the following findings of fact: “1.

Error from Leavenworth District Court. Action by the Grand Lodge of the Ancient Order of United Workmen of the State of Kansas, against Caroline Felix and others. The defendant, William Felix, alleges error in the judgment of the court at the April Term, 1883, and brings it here. The opinion states the facts.

Appeal from Leavenworth District Court. Information for libel. The ruling and judgment complained of by The State, and the facts, appear in the opinion.

Error from Johnson District Court. Action by Ess and another against Hollenback and another, to recover the possession of the south half of block forty-six, in the town of Shawnee, in Johnson county. Judgment for plaintiffs, at the June Term, 1883. Defendants bring the ease here. The facts appear in the opinion.

Error from, Wyandotte District Court. Action by The Railroad Company against The Rolling Mill Company, to recover $7,051t2/q-, alleged to be due on an account. March 21, 1883, the plaintiff obtained from Hon. ¥m. R. Wagstaff, judge of the district court, at chambers, an order appointing a receiver for the property and business of the defendant company, which order the judge afterward modified, but refused to vacate. The defendant brings this order here for review.

Error from MePherson District Court. Action by P. Weybrich <fc Co. against J. C. Harris, and the said Harris as administrator of the estate of A. W. Ulrich, deceased, to recover on two promissory notes. Trial at the April Term, 1883, and judgment for defendants for $161 and costs. The plaintiffs bring the case here. The opinion states the facts.

Error from Jewell District Court. At the April Term, 1883, Shultz & Hosea had judgment against interpleaders, Case, Bishop & Co., who bring it here for review. The opinion states the nature of the action, and the facts.

Error from Sumner District Court. Action by Gregson against the City of Wellington, to recover damages for bodily injuries. Trial at the April Term, 1882, before H.G.R., judge pro tern., and a jury. Verdict for plaintiff for $325. New trial denied, and judgment thereon for plaintiff. The defendant city brings the case here. The opinion states the facts.

Error from Leavenworth, District Court. On the 7th day of February, 1882, H. W. Hamlin filed his petition in the district court of Leavenworth county against W. M. Eortescue and The Board of Commissioners of Leavenworth, County, asking judgment against the said Fortescue or the said board of county commissioners upon a certain alleged agreement contained in the petition, a copy of which is as follows: “East Bloomfield, Ontario Co., N.Y., Aug. 1, ’79. “Received of H. W.…

Error from Labette District Court. The opinion states the ease. At the April Term, 1883, judgment for defendant Reid and against plaintiff Beyle, who-brings it here.

Error from Riley District Court. The opinion states the case. At the March Term, 1883, plaintiff Dyche recovered a judgment for $202.50 and costs against the Railway Company, which brings it to this court for review.

April 17, 1882, in the district court of Barton county, defendant Brinkman recovered a judgment for costs against plaintiff E. D. Shaffer, as administrator of the estate of F. M. Shaffer, deceased. The plaintiff brings the case here, and alleges that the foregoing judgment is void for the reason that the court was not in session in said county when it was rendered, but was adjourned sine die for the term at which the cause was tried.

Error from Harper District Court. The opinion states the facts. April 3, 1883, judgment for The Board of Commissioners and against Fulkerson, who brings it here for reversal.

Error from Pottawatomie District Court. The opinion states the facts. At the November Term, 1882, defendant Smith, as county clerk of Pottawatomie county, recovered a judgment against the state on the relation of Clark, who brings it here for review.

Error from Jackson District Court. Action by Reynolds against the Railway Company, to recover damages for injuries to certain cattle owned by plaintiff. Trial at the March Term, 1882, and verdict and judgment for plaintiff for $125. The defendant brings the case to this court. The opinion states the facts.

Error from Atohison District Court. Action brought by Belz against Bird, to recover the possession of lot number five, in block lettered “V,” in that part of the city of Atchison known as Old Atchison. Trial by the court. May 19, 1882, and judgment for defendant. The plaintiff brings the case here. The opinion states the facts.

Error from Greenwood District Court. Action by Fudge against the Railway Company, to recover, the value of three hundred tons of hay belonging to-plaintiff, and wholly destroyed by fire because of the alleged negligence of the defendant. Verdict for plaintiff for $300;. at the May Term, 1882. New trial granted on the motion of defendant. This ruling Fudge brings here. The opinion, states the facts.

Error from Harvey District Court. Action by T. B. Atchison and another, (partners as Atchison & Knowlton,) and others, against the City of Newton .and three others, to perpetually enjoin said city and its officers from enforcing against plaintiffs, as hardware and implement merchants therein, a certain ordinance levying a business license tax against them.

Error from, Chautauqua District Court. January 4, 1883, the defendant City of Sedan recovered a judgment against plaintiff Tulloss, who brings it here for review. The opinion states the facts.

Error from Riley District Court. September 12, 1883, the-district court ordered that the defendant Ellicott, as assignee of the Eiley County Bank of Manhattan, pay to plaintiff Barnes, out of the first money received by him of the assets of said bank, the sum of $559.13, with interest from the date aforesaid, and also adjudged that plaintiff recover his costs herein. The defendant brings the foregoing order and judgment to this court. The opinion states the facts.

Error from Riley Bistrict Court. The opinion states the nature of the action, and the facts. At the December Term, 1882, the court sustained the defendant’s — Ellioott’s—demurrer to the petition, which ruling the plaintiff bank brings to this court.

Error from Miami District Court. Action by Hay against the Railroad Company, to recover the value of a span of horses killed by a passing train on the defendant company’s track. Trial at the May Term, 1883, and judgment for $155 damages, $35 attorney-fee, and $48.85-costs. The defendant brings the case here. The opinion states the facts.

Error from, Atehison Distriet Court. Action of debt brought by T. W. Thompson against G. L. Jackson. The Burlington & Missouri River Railroad Company in Nebraska was duly garnished in the action. Held: that foreign corporations are liable to garnishment in that state, if they own property there and the cause of action in respect to them arose there. (Brauser v. New England Fire Ins.

Error from Wyandotte District Court. Action by Moore against the Railroad Company to recover damages for bodily injuries. July 30, 1883, judgment for plaintiff for $10,000. New trial denied. Defendant brings the case here. The facts appear in A. T. & 8. F. Rid. Co. v. Moore, 29 Kas. 632, et seq., and in the opinion, infra.

Appeal frúrn Pottawatomie District Court. Prosecution under the prohibitory liquor law. From a conviction at the September Term, 1883, the defendant Chandler.appeals. The opinion states the facts.

Error from Miami District Court. Action brought by Cole against Richards, to quiet his title to certain lands situate in Miami county. Trial at the October Term, 1882, and judgment for plaintiff. Defendant brings the case here. The opinion states the facts.

Error from, Coffey District'Court. Action by Towne against Milner and another, to recover the possession of certain land in Coffey county. Judgment for defendants, at the January Term, 1883. This judgment plaintiff brings here. The opinion states the facts.

Error from Atchison District Court. At the June Term, 1883, plaintiff Challiss had judgment for $200 against defendant Wagstaff, who brings it here for ¡review. The opinion states the facts.

Error from Sumner District Court. Action by Payne against Potter and three others, to foreclose a mortgage. At the April term, 1883, the court overruled the motion of the defendants to quash the summons on the ground that the surety on the cost bond is an attorney at law. This ruling the defendants bring to this court. The opinion states the facts.

Error from Saline District Court. Ejectment, brought by Merwin against Hawker. Trial by the court upon an agreed statement of facts, at the May Term, 1883, and judgment rendered for the defendant. The plaintiff brings the ease here. The opinion contains a sufficient statement of the facts.

Error from Bourbon District Court. Action by Foss against B. F. Simpson and J. H. Smith, to recover $12,765 damages for the seizure and conversion of a general stock of merchandise, etc. Trial at the May Term, 1883, and verdict for the plaintiff for $7,672. New trial refused. (The record does not show that a judgment was entered on the verdict.) The defendants bring the case to this court. The opinion states the facts.

Error from, Miami District Court. At the May Term, 1883, the court sustained the motion of the defendant Railroad Company to retax the costs in a certain action wherein plaintiff Mylius recovered a judgment against it. This ruling the plaintiff brings here.

Error from Wyandotte District Court. Action by Wright against Bell, to compel the specific performance of a contract for the sale of certain land situate in Wyandotte county. July 31, 1883, judgment was rendered for plaintiff. Defendant brings it here for review. The facts are stated in the opinion.

Original Proceedings in Mandamus. Action brought in this court, September 18, 1883, on the relation of the county attorney of Cloud county, against the township board of the township of Solomon, in said county, to compel it to issue certain bridge bonds. The township treasurer filed his separate answer to the alternative writ; but Jacob Studt, as trustee of that township, and the clerk thereof, filed a general demurrer thereto.

Error from Marion District Court. Action by Rebecca Sill, widow of Daniel Sill, against Samuel M. Sill and others, to have her late husband’s will set aside and declared void as to her. Trial at the May Term, 1882, and finding and judgment for plaintiff. The defendants bring this judgment here for review. The .opinion states the facts.

<p> M'ror from Price-Raid Auditing Commission. </p>

Error from, Atchison District Court, The nature of this action, and the facts, are stated in the opinion. At the December Term, 1882, defendants Auld and two others recovered a judgment for $72.98 costs against plaintiff Smith, who brings it here for review.

Error from Greenwood District Court. The opinion states the nature of the action, and the facts. Trial by the court at the December Term, 1882, and judgment for defendant Smith. The plaintiff Martindale brings the case here.

Error from Johnson District Court. Forcible detainer, brought by Bard against Elston. Trial at the November Term, 1882, and judgment for defendant for costs. Bard brings the case here. The opinion states the facts.

Error from, Lyon Eistriet Cov/rt. Action by White against the Railway Company, to recover damages for the burning of certain hay owned by him, which was alleged to have been caused by the negligent setting out of a fire by an engine of the defendant company. At the March Term, 1883, the court sustained defendant’s demurrer to plaintiff’s evidence, and rendered judgment for costs against the plaintiff. He brings the case here. The opinion contains a statement of the facts.

Error from Mitchell District Court. Action brought by Catherine M. Squier against Ambrose S. Baldwin and another, for specific performance of a parol contract to convey certain land. Trial at the March Term, 1882, and judgment for plaintiff. The defendants bring the case here. The opinion states the facts.

Error from Douglas District Court. Action commenced February 23,1880, by Mary Sutton, formerly Mary Butt, against H. B. Asher and William Asher, for the wrongful conversion of a safe. Trial January 11, 1881, by the court, a jury being waived. At the request of the parties, the court made the following findings of fact: “1.

Error from Coffey District Court. Action brought by William F. Osborn against J. E. Wood-ford and A. L. Woodford, partners as Woodford Brothers, and two others, to recover damages alleged to have been sustained on account of the breaking of a plate-glass window in a building belonging to plaintiff.

<p>1. Evidence, Not Proving Debt Fraudulently Contracted. Where A, who is in failing circumstances, makes various statements to different persons with reference to his financial ability, representing it as being better than it is in fact, but does not make such statements to B, or for the purpose of defrauding B, or for the purpose of defrauding any person, and at no time has any intention of defrauding B or any other person, but afterward B gives credit to A, held, that evidence of these statements does not necessarily prove that A fraudulently contracted the debt which he became liable to pay to B.</p> <p>2. Pacts, Not Proving M'audulent Disposal of Property. Where a partner sells to a third person his partnership interest, and the purchaser of the partnership interest does not agree to become liable or responsible for any portion of the previous partnership debts, these facts of themselves do not prove that either of these persons assigned or disposed of any of his property for the purpose of hindering, delaying, or defrauding his creditors.</p> <p>3. Honesty, Presumed; Fraud, to be Proven. In the absence of evidence to the contrary, honesty and fair dealing in all transactions are always presumed; and if any person claims that there was'fraud in any transaction, it devolves upon such person to prove the fraud, and it does not devolve upon the party charged with committing the fraud to prove that the transaction was honest and Ion a fide.</p>

Error from, Jackson District Court. Action by Kenyon against Letson and another, to recover on a certain judgment, and also upon three promissory notes, each thereof having certain credits indorsed thereon. Trial by the court, at the April Term, 1883, and judgment for plaintiff. The defendant Letson brings the case here. The opinion states the facts.

Error from Greenwood District Court. Action brought by Roby against Verner as sheriff of Greenwood county, and another, to enjoin the levy of a certain execution. At the August Term, 1882, the district court dissolved the injunction, and of this ruling Roby complains. The facts appear in the opinion.

Error from Jackson District Court. Action brought by Douglass, as guardian of the estate of Hattie R. Douglass, against Dickson, to recover damages for rock quarried and carried away from a certain tract of land claimed to belong to plaintiff. Trial by a jury at the January Term, 1884, but at the close of the evidence the court instructed the jury to find for the defendant. Judgment for costs against the plaintiff, who brings the case here. The opinion states the facts.

September 4,1883, the J. M. W. Jones Stationery and Paper Co. and Reynolds & Reynolds filed a motion for a rehearing in Stationery and Paper Co. v. Hentig, (reported in 29 Kas. 75, et seq.) The facts are stated in the opinion herein, filed at the January, 1884, session of the court.

Original Proceedings in Habeas Corpus. Petition for a writ of habeas corpus, filed in this court, December 11,1883, by Edward Varner, who alleged that he was illegally restrained of his liberty by David Worst, sheriff of Allen county.

Error from Atchison District Court. The opinion states the nature of the action, and the facts. At the June Term, 1883, the court rendered judgment for costs against plaintiff Baker, who brings it here for review. 1. When this action was begun the judgment could have been revived by motion and notice without the consent of defendants, as the proceedings were commenced within one year after the judgment became dormant.

Error from 'Cloud Eistriol Court. Action by The Aultman-Taylor Company against Mo George and three others, to recover on four promissory notes, and to have the priority of liens on certain mortgaged property determined.

Error from Clay Dislriot Court, Ejectment, brought by Ingham against Fidelia Burnell and three others. Trial by the court at the September Term, 1883, and judgment for defendants. The opinion contains a statement of the facts.

Error from Atchison District Court. Action brought by Manson against the Railway Company, to recover damages sustained by plaintiff because of the failure of the defendant company to make and maintain certain cattle-guards. Trial at the June Term, 1883, and verdict and judgment for plaintiff for $300. The defendant brings the case here. The opinion states the facts.

Prosecution under §§ 1,7 and 9 of the prohibitory liquor law of 1881. At the June Term, 1883, the defendant George M. White was found guilty and sentenced to pay a fine of $100, and adjudged to pay the costs of prosecution. He appeals. The facts are stated in the opinion.

Error from Wyandotte District Court. Action brought by B. Cray against Elizabeth I. Crockett, and H. C. Long and wife, to compel them to convey to plaintiff certain real estate. At the July Term, 1883, Cray had judgment against defendants, who bring the case here. The facts appear in Gray-v. Crockett, 30 Kas. 138, et seq., and in the opinion, infra.

<p>Information for murder in the first degree, filed June 5, 1882, jointly charging that the defendants Mary Isabel Martin and E. D. Mosley, on the 23d day of May, 1882, in the county of Lyon, state of Kansas, did then and there kill and murder one Loraine M. Keiger, by administering to her strychnine. Trial of the defendant Martin at the September Term, 1882, of the district court of Lyon county, and verdict, guilty of the crime of murder in the first degree, as charged in the information. The court overruled defendant’s motion for a new trial. Thereupon her attorneys asked the court to delay its judgment on the verdict, for the reason that defendant was insane. The court appointed five physicians to examine the defendant and report concerning her mental condition. The physicians appointed as aforesaid, on December 29,1882, reported to the court that after a careful investigation as to the mental condition of defendant, they were convinced that her insanity was feigned, and that she was sane. Thereupon the court duly rendered judgment upon the verdict against defendant Martin. She appeals.</p>

Information for murder in the first degree, filed June 5, 1882, jointly charging that the defendants Mary Isabel Martin and E. D. Mosley, on the 23d day of May, 1882, in the county of Lyon and state of Kansas, did then and there kill and murder one Loraine M. Keiger by administering to her strychnine.

Error from Johnson District Court. The opinion states the nature of the action, and the facts. At the June Term, 1883, plaintiff Woods recovered a judgment for.$96 damages against defendants Connelly and Hunter, who bring it here for review.

Error from Clay District Court. Action by Ryan against Tudor and wife, upon four promissory notes, amounting to $900, with interest, and to foreclose a mortgage given to secure their payment. Trial at the May Term, 1883, and judgment for defendants. Ryan brings the case here. The opinion states the facts.

Error from Shawnee District Court. This proceeding is prosecuted to reverse an order of tbe district court of Shawnee county setting aside a sale of real estate on execution, and refusing a motion to confirm the sale.

Two inpobmations, one against Michael Crimmins, and the other against Charles Hahn. In each thereof the defendant was charged with selling intoxicating liquors without a permit. Trial at the April Term, 1883, when each defendant was found guilty and fined $100, and adjudged to pay the costs of the action, and be committed to the jail of Wyandotte county until both the fine and costs are paid. Defendants appeal. The opinion states the facts.

At the April Term, 1883, of the district court of Wyandotte county, William O’Connell was found guilty of selling intoxicating liquors without a permit, and sentenced to pay a fine of $100, and the costs of the prosecution. He appeals. Thg facts are sufficiently stated in the opinion.

Error from Atchison District Court. Action by Nevin against The Railway Company, to recover $373.85, and interest thereon from March 17, 1883, as damages for a breach of contract in failing to deliver certain corn in the ear to the consignee, Samuel Emmons, at Gibson City, Illinois. Trial at the June Term, 1883, and verdict for plain-' tiff for $383.12. New trial denied, and judgment on the verdict for plaintiff. The defendant brings the case to this court.

Error from Davis District Court. Action brought by Harwood against The Railway Company, to recover damages for bodily injuries alleged to have been by him sustained through the negligence of the defendant. Trial at the March Term, 1883. The court overruled the defendant’s demurrer to the plaintiff’s evidence. The jury found for the plaintiff, and assessed his damages at $3,500. The jury also returned answers to certain questions submitted by the defendant.

Error from Clay District Court. Action by Caywood & Co. against Timmons, to recover $151.50. Trial at the May Term, 1882, and judgment for defendant for $50 and costs. Plaintiffs bring the case here. The opinion states the nature of the action, and the facts. The court erred in refusing to give the first, second, third and fourth instructions asked by the plaintiffs.

Error from, Wyandotte Eistriet Court. The opinion states the nature of the action, and the facts. At the July Term, 1883, plaintiff McCrossen had judgment against defendants Harris and another, who bring it here for review.

M'ror from, Saline District Court. Proceeding under chapter 177, Laws of 1879, to determine the boundaries of certain tracts of land. August 31, 1882, judgment for costs against John, who brings it here for review.

Error from Leavenworth District Court. Ejectment, brought by Coursey against Finneran and another, to recover lot 12, in Diefendorf’s subdivision of the east half of the northeast quarter of section 29, township 8, range 22, in Leavenworth county. Trial by the court without a jury, February 3,1883.

Error from Barton District Court. Action by Lyon against Martin and another, to recover on two promissory notes. Trial at the March Term, 1883, and verdict and judgment for defendants. The plaintiff alleges error, and brings the case here.

Error from Montgomery District Court. Action by Miller against Ziegler and two others, to enjoin the county clerk of Montgomery county from making, and the other defendants from receiving, a tax deed to certain lots in the city of Independence.

Error from, Crawford District Court. At the January Term, 1883, plaintiff Smith recovered a judgment against defendant Perry, who brings it here for .review. The opinion states the nature of the action, and the facts.

Error from Crawford District Court. At the January Term, 1883, plaintiff Wade recovered a judgment against defendant Perry, who brings it here for review. The opinion states the nature of the action, and the facts.

Error from, Lyon District Court. Action before a justice of the peace by Bowers against Stuttle and wife, to recover for work. June 21, 1882, judgment for plaintiff for $17.50 and costs against the wife, J. M. Stuttle, who appealed to the district court.

Original Proceedings in Quo Warranto. Action brought in this court November 27,1883, by The State, on the relation of H. P. Welsh, against Homer G. Mechem, to determine the right to the office of county attorney of Franklin county. The opinion herein, filed at the February, 1884, session of the court, contains a sufficient statement of the facts.

Action brought in the district court of Barton county, by The Railroad Company against Keller, to recover the possession of the south one-half of the southeast one-fourth of section 27, township 18, south, range 15, west, situate in said county. Judgment for defendant, May 15,1883. The plaintiff brings the case here.

Action brought December 5,1881, in the district court of Reno county, by Kiff & Qo. and G. W. Hardy against Hegwer, to recover $500, not then due. The plaintiffs in connection with their action obtained an order of attachment. March 4, 1882, the district judge overruled defendant’s motion to discharge the attachment. This ruling he brings here for review. Other facts are stated in the opinion.

Error from Harvey District Court. Action by Warkentin against Albright, to quiet plaintiff’s title to certain lands in Harvey county. The only service made was by publication, and defendant made no appearance in the action. Judgment for plaintiff at the March Term, 1878. August 28,1882, the court refused to open the judgment and let the defendant in to defend. This ruling he brings here. The opinion states the facts.

Error from Jackson District Court. Action brought by Caroline M. Parsons, as executrix of the last will of John R. Parsons, deceased, against John McCreary and two others, to recover the remainder due on a certain promissory note, and to foreclose a mortgage given to secure its payment. . Trial at the April Term, 1883, and judgment for plaintiff. The defendants bring the case here. The facts are stated in the opinion.

Original Proceedings in Quo Warranto. Action brought in the name of The State by the county attorney of Shawnee county, to oust The Oity of Topeka from exercising the power of licensing persons to sell intoxicating liquors within the limits of the city, and taxing them for so doing. The facts are stated in The State, ex rel., v. Oity of Topeka, 30 Kas. 653, and in the opinion herein, filed at the February, 1884, session of the court.

Original Proceedings in Mandamus. Action brought in the name of The State of Kansas, on the relation of the attorney general, against The Board of Commissioners of Butler County, and the members of the board, to compel it to examine and act upon a petition presented to the board, and if found sufficient, to call an election to vote upon the relocation of the county seat. The case is presented for decision on the following agreed statement of facts: “1.

Information against George Balch and B. M. Watson, for libel. Trial at the May Term, 1883, when the defendants were found guilty, and each was fined $10 and adjudged to pay one-half of the costs of the prosecution. They appeal. The opinion states the facts.

Error from Chautauqua District Court. Action brought by Graham against The Board of Commissioners of Chautauqua county, and the treasurer of that county, to restrain a collection of the taxes for 1881 upon certain steers and cows belonging to plaintiff. Trial by the court at the May and December Terms, 1882, and judgment for defendants. Graham brings the case here. The opinion states the facts.

Error from Harvey District Court. Action by Fowler against Ort, upon a promissory note. Trial at the September Term, 1881, and verdict and judgment for plaintiff. Defendant brings the case to this'court. The facts are stated in the opinion.

Error from Atchison District Court. Action brought on the 27th day of September, 1881, by George Storch against Henry Hewitt and W. P. Rounds, partners as Hewitt & Rounds, and L. C. Challiss, for the recovery of lot 19, in block 16, in L. C. Challiss’s addition to the city of Atchison. Trial at the June Term, 1882, by the court, a jury being waived. The court separately stated in writing its conclusions of fact and its conclusions of law.

The appellant, Harry Harp, was convicted of murder in the second degree, at the November Term, 1883, of the district court, and sentenced to confinement and hard labor in the penitentiary of the state for a period of ten years. The following is a copy of the information, (omitting caption and verification): “I, Ben.

Action by King against The Railway Company, to recover damages for killing a cow belonging to plaintiff. Trial at the September Term, 1883, of the district court of Anderson county, and verdict for plaintiff for $50. The jury also returned answers to questions submitted by defendant. New trial denied, and judgment upon the general verdict for the plaintiff. The defendant company brings the case here.

Error from Leavenworth District Court. At the September Term, 1883, the court overruled the motioa of plaintiff Baehler for a new trial, and gave the defendant Ranch Company a judgment against him for costs. This ruling and judgment he brings here. The opinion states the facts.

At the October Term, 1883, Thomas Cooper was convicted of assaulting and beating one Arthur Shadinger, and fined $50 and costs. He appeals. The opinion states the case.

At the September Term, 1883, Martin Rust was found guilty of grand larceny, and sentenced to hard labor in the state penitentiary for the term of eighteen months. He appeals.

At the May Term, 1883, William H. Colgate was found guilty of arson iu the fourth degree, and sentenced to be imprisoned in the state penitentiary for three years. He appeals. The facts appear in the opinion.

<p>Error from Marshall District Court.</p> <p>The case is sufficiently stated in the opinion.</p>

Error from Cherokee District Court. The opinion states the case. At the October Term, 1883, judgment for costs against plaintiff Miller, who brings it here for review.

Error from Miami District Court. The opinion states the nature of the action, and the facts. At the May Term, 1883, plaintiff Lane had judgment for $8.5(5 against the defendant Railroad Company. To reverse this judgment, and also the order overruling his motion for a new trial, Lane brings the case to this court.

Error from, Woodson District Court. The plaintiff in error, Elmira Cowdin, alleges that on the 16th day of June, 1883, the motion to confirm the sale of certain real estate, to wit, the N. E.J of section 17, township 25, south, range 16, east, sold to her on the 2d day of May, 1883, by the sheriff of Woodson county, at a judicial sale, came on to be heard in the district court of that county, and the court refused to confirm said sale, and set the same aside.

M'ror from Franhlin District Court. The opinion states the facts. At the September Term, 1883, plaintiff Lynch, recovered a judgment for $300 and costs against the defendant Railway Company, which brings it here for review.

Error from McPherson District Court. Action by Thompson against Warner, to recover damages for an alleged breach of an executory contract. The defendant’s demurrer to plaintiff’s bill of particulars was sustained at the October Term, 1883, of the district court. This ruling Thompson brings to this court. The opinion states the case.

Information, charging defendants with a criminal offense in receiving an illegal vote while acting as judges of a legal election held in the second ward of the city of Topeka on the 3d of April, 1883. On motion of defendants, the district court of Shawnee county, at the April Term, 1883, quashed the information. The State appeals. The facts, briefly, are these: Topeka is a city of the first class. ‘ The defendants were the judges at the election named.

Error from Allen District Court. Ejectment, brought by Hopkins against Snyder and another. August 28, 1883, plaintiff obtained a temporary injunction restraining the defendants from any beneficial use of the land in controversy pending the litigation. To reverse the order granting the injunction the defendants have come to this court. The opinion states the case.

Error from Dickinson District Court. Replevin, brought by Jane Brakey against George Uoisington, as sheriff of Dickinson county. Judgment for plaintiff, at the October Term, 1883. Defendant brings the case here. The opinion states the facts.

Error from Jefferson District Court. Action by Wilson against Douglass and another, to recover the possession of certain land situate in Jefferson county. Trial by. the court at the October Term, 1882, and findings and judgment for plaintiff. The defendants bring the case to this court. The facts appear in the opinion.

At the May Term, 1883, Clark W. McKinney was found guilty of murder iu the first degree, in the homicide of William H. Reeder, and duly sentenced on the verdict. He appeals. The facts are stated in the opinion.

Error from, Atchison District Court. Action by Fox against The Railroad Company, to recover damages for bodily injuries. The court below, in its instructions to the jury, states the substance of the petition and answer. (Seeposi.) Upon the trial at the June Term, 1883, the plaintiff, Fox, testified among other things, that at the time of the injuries complained of he was in good health, stout, hearty, about thirty years old, and married.

Error from Saline District Court. The opinion states the nature of the action, and the facts. August 27, 1883, E. W. Ober and D.. H. Hageman, partners as Ober & Hageman, recovered against the Bank of Lindsborg a judgment for $201.25 and costs. This judgment the defendant bank brings here.

Error from Lyon District Court. Action brought by Safford against Tyler and another, on An attachment undertaking. Verdict and judgment for plaintiff, April 1, 1883, for $285.73. Defendants allege error, and bring the case here. The facts appear in Tyler v. Safford, 24 Kas. 580, et seq., and in the opinion, infra.

Error from, Saline District Court. Adam B. Head, on the 5th day of June, 1876, was appointed administrator of the estate of Jonah Cadwallader, deceased, and duly qualified and entered upon the discharge of his duties as such. On the 2d day of January, 1882, said administrator appeared before the probate court and made his final settlement as administrator.

Error from Marion District Court. The facts appear in the opinion. At the May Term, 1883, the court rendered a judgment for plaintiff Biggs on the first cause of action stated in his petition, and a judgment for the defendant Railroad Company on the second cause of action set forth therein. The defendant is here complaining of the former judgment, and the plaintiff, in his cross-petition in error, complains of the latter judgment.

At the May Term, 1883, of the district court of Chase county, in the case of The State v. Wm. Forney, the defendant was found not guilty, and allowed to go hence without day. The costs of the prosecution, taxed at $74.10, were adjudged against the prosecuting witness, J. A. Smith, who appeals.

Error from Reno District Court. Action by Kiff and others against Hegwer, upon a promissory note. At the special July Term, 1883, the defendant moved to have the place of trial changed to some other district, which motion was .overruled. This ruling Hegwer brings here. The opinion states the facts.

Original Prooeedings in Habeas Corpus. Petition for a writ of habeas corpus, filed in this court February 27,1884, by Stoneberger against the sheriff of Ford county. The application was heard by Horton, C. J., and the writ issued and made returnable March 4, 1884, before the supreme court in Topeka. The opinion states the facts.

Error from Doniphan District Court. At the March Term, 1883, the court overruled the motion of Wheeler, as administrator of the estate of Frank Wheeler, deceased, for judgment in his favor upon the findings of the jury, and sustained the motion of the Railroad Company for judgment in its favor, revoking Wheeler’s letters of administration. He brings the case here. The facts are stated in the opinion.

Error from Lyon District Court. The opinion states the case. At the adjourned March Term, 1883, plaintiff Davis had judgment against the Railroad Company for $250, as the value of his colt killed by a train on defendant’s road. This judgment the defendant brings here for review. 1.

Error from Marion District Court. Action by Groat against Pracht and others, to foreclose a mechanics’ lien. At the November Term, 1882, the defendants recovered a judgment for costs against the plaintiff. He brings the case here. The opinion states the facts.

Error from Atchison District Court. Action by The Atchison Street Railway Company against The Missouri Pacific Railway Company.

<p>1. Judgment; Entry After Close of Term. If a judgment be ordered and its terms prescribed by the court during a term, it is a judgment rendered in term-time, although the entry thereof be not in fact prepared and transcribed on the journal until after the close of the term.</p> <p>2. Garnishment; Payment of Judgment; Exemption. Where an order is made directing the payment of money by a garnishee into court, and such order is obeyed, the money paid to the clerk, and by him applied in the satisfaction pro tanto of the judgment; and afterward, and nearly two months after the making of such order, the defendant in the judgment moves to set it aside and for an order directing the clerk to pay such money to him on the ground that it was exempt; and where the record does not purport to contain all the proceedings or testimony, or to show that defendant did not have actual notice of the garnishee proceedings while they were pending: Held, That an order overruling defendant’s motion will not be reversed. Even though the money was in fact exempt, the defendant is not shown to have been prompt and vigilant in asserting his rights.</p>

Error from Wilson District Court. Action by Cilmore against the Township of Center, in Wilson county, to recover $89.50, with interest, for publishing a notice of a special election held in said township May 30,1882. Judgment for plaintiff, February 14,1883. The defendant brings the case here. The facts are stated in the opinion.

Error from Marion District Court. At the April Term for 1881, Mary M. Blaheman recovered a judgment against O. C. Chapman and Martha Chapman for the sum of $1,259.02, and the firm of Crane & Brewerton recovered judgment against O. C. Chapman and one S. Harrison for $816.11, which judgments aggregated $2,075.13.

Action brought by Hugh A. Frazier and J. W. Bishop against A. H. Case, to recover the possession of the southwest quarter of section 18, township 10, range 16, east, situate in Shawnee county. Trial by the court at the adjourned September Term, 1882, and judgment for plaintiffs. Defendant brought the ease here.

Error from Cherokee District Court. Action by Apple against Jarrett, commenced September 15,1881. The petition is as follows (court and title omitted): “Now comes the plaintiff, Monroe Apple, and for his cause of action against the defendant, Andrew Jarrett, complains and alleges; “First.

Error from, Marion District Court. The record discloses the following facts: That the plaintiffs, D. B. Welch and J. 31. Estep, are, and were at all the times mentioned in their petition herein, residents of the state of Ohio; that they filed their petition in the district court of Marion county on the 16 th day of July, 1883, the allegations of which are substantially as follows: That on the 28th day of September, 1881, the defendant, Laura A'.

Error from Montgomery District Court. Action by Corser and another against The Railway Company, to recover damages for the destruction by fire of twenty-four tons of hay, twenty-five acres of corn and eleven apple trees, belonging to plaintiffs^ Judgment for plaintiffs for $178, September 21, 1882. The defendant brings the case here. The facts are stated in the opinion.

Error from McPherson District Court. At the April Term, 1883, plaintiff King recovered a judgment against the defendant Railroad Company for $7,500 and costs. This judgment the defendant brings here for review. The opinion states the case.

Original Proceedings in Habeas Corpus. Petition filed in this court on January 26,1884, on behalf of George T. Hinkle,-for a writ of habeas corpus.

Error from Elk Eistrict Court. The opinion states the facts. At the June Term, 1882, the defendants recovered a judgment for costs against plaintiff Irby, who brings the case here.

Error from Leavenworth District Court. The opinion states the case. At the September Term, 1883, judgment for plaintiff, Orneen. The defendant Railroad Company brings the judgment here for review.

Error from Wyandotte District Court. Action by The Methodist Episcopal Church South, of Wyandotte City, Kansas, against The City of Wyandotte.

Error from McPherson District Court. At the October Term, 1883, the district court overruled a motion by Albert Pickett to confirm a sheriff’s sale of certain land to him, and sustained a motion to set aside the sale. These rulings Pickett brings here for review.

Error from Morris District Court. Action brought on December 19, 1882, by Andrew W. Hinehman against The Board of Commissioners of the County of Morris; A. Moser, Jr., clerk, and.

Error from Wyandotte District Court. July 30, 1883, plaintiff Fray recovered a judgment for $2,000, damages for personal injuries, against the defendant Railway Company. It brings the case to this court. The opinion states the facts.

At the April Term, 1883, of the district court of Osage county, Mary Harvey recovered a judgment for $700, damages for bodily injuries, against The Railroad Company. This judgment it brings here for review.

Original Proceedings in Mandamus. Action brought in this court, October 17,1883, by Hugo Jungel against H. D. Dickson, as secretary, and James Haller, as treasurer, of the board of regents of the State Normal School at Emporia, to compel defendants to certify to the governor that the whole of the purchase-money and interest for the southwest quarter of section 18, township 13, south, of range 1, west, situate in Saline county, has been paid, etc. The opinion herein was filed…

<p> Error from Miami District Court. </p> <p>Action by Stultz & Neiswender against the Railway Company, to recover damages alleged to have been sustained by the plaintiffs by reason of the failure of the defendant to furnish them two stock cars of certain dimensions, at a specified time and place, under a special contract alleged to have been made by them with the authorized agent of the company at Paola, Kansas. Trial by the court at the October Term, 1883, and judgment for plaintiffs for $62.47 and costs. The Company brings the case here.</p>

Original Proceedings in Quo Warranto. Action brought in this court January 17,1884, by Campbell against Braden, to determine whether the plaintiff or the defendant is entitled to the office of sheriff of Crawford county. The opinion herein, filed at the session of the court in April, 1884, states the facts.

Error from Bourbon District Court. At the September Term, 1883, the defendant Lynn recovered a judgment against the plaintiff Dorey, who brings it here for review. The opinion states the case.

Error from Sumner District Court. Action by Jackson against the Railroad Company, to recover damages for bodily injuries. At the adjourned April Term, 1882, H.Gr.R., judge pro tern, presiding, the court sustained defendant’s demurrer to plaintiff’s evidence, overruled plaintiff’s motion for a new trial, and dismissed his action. Of these proceedings he complains, and brings them here. The facts appear in the opinion.

<p> Error from Allen District Court. </p> <p>■ The opinion states the case. Judgment for plaintiff Boyd at the November Term, 1882. The defendant Board of Commissioners brings the judgment here for review.</p>

Error from Wyandotte Eistriet Court. April 25, 1883, plaintiff Gruble recovered against defendant Ryus a judgment for $855.22 and costs. New trial denied. Defendant brings the case here. The facts are stated in the opinion.

Error-from Sumner District Court. The opinion contains a sufficient statement of the case. The plaintiff Bcmlc brings here for review certain orders made at the October Term, 1882, of the district court.