Volume 55 — Kansas Reports

Error from Leavenworth District Court. At the general election in the fall of 1893, Joseph Bleakley was the republican candidate for the office of comity treasurer of Leavenworth county, and John E. Taylor the democratic candidate for that office.

<p>1. Ballots, Marking and Counting — Mandatory Provisions. The provisions of §§22 and 25, chapter 78, Laws of 1893, commonly known as the “Australian-ballot law,” concerning the marking and counting of ballots, are mandatory, and must be substantially complied with by the voter in order to have his vote counted.</p> <p>2. Case, Followed. The case of Taylor v. Bleakley, just decided, followed.</p>

Error from Wyandotte District Court. ON January 26,1889, the Chicago & Atchison Bridge Company brought an action against the Anglo-American Packing and Provision Company, George Fowler, Alexander Muir, and Arthur Booth.

Error from Shawnee District Court. This action was brought by Ifannah Ritchie, Hale Ritchie, and John Ritchie, as heirs at law of John Ritchie, deceased, against The Kansas, Nebraska & Dakota Railway Company and the Missouri Pacific Railway Company to recover a part of section 6, township 12, range 16, in Shawnee county. The answer was a general denial. A jury was waived, and the case was tried by the court.

Error from Ford District Court. Action by the Dodge City Water-Supply Company against the City of Dodge City, to recover for water supplied to the city, etc. At the September term, 1890, judgment was rendered for defendant, and from an order denying a new trial plaintiff brings error. The material facts appear in the opinion herein.

Error from, Crawford District Court. This action was brought by John Dickson against The Cherokee and Pittsburg Coal and Mining Company to recover damages for injuries sustained by Dickson while working in the defendant’s mine near Frontenac, in Crawford county. William Elwood was the pit-boss in charge of this mine, with power to employ and discharge miners.

Error from Greenwood District Court. ON the 8th of January, 1889, Henry Beck sold a general stock of merchandise, worth about $3,000, located in the Beck building, in Quincy, Greenwood county, to J. W. Epley and C. M. Shaw, partners' as Epley & Shaw. On the 4th of March, 1889, Epley & Shaw made a chattel mortgage on this merchandise to Henry Beck to secure a note for $1,520, a part of the purchase-money remaining unpaid. Beck's note was not due until January 8, 1890.

Error from Doniphan District Court. ActioN by Hattie C. Felch against Charles Pennell and others, to recover certain land. The plaintiff recovered a judgment, and defendants bring the case here. The opinion herein, filed April 6, 1895, states the material facts.

Error from Lyon District Court. AotioN by Anderson and others against the Connecticut Mxúnal Life Insurance Company and others. On the judgment rendered error is brought.

<p> Error from Osage District Court. </p> <p>Action by Myra A. Edwards against The Excelsior Manufacturing Company and N. Frankhauser, as sheriff of Osage county. Judgment for the plaintiff. Defendant Frankhauser comes to this court.</p>

Error from Harvey District Court. On the 8th day of April, 1890, Matilda Wilkinson commenced her action against The Atchison, Topeka & Santa Fe Railroad Company, before a justice of the peace in Harvey county, to recover $109.25 upon the following verified account: April 4, 1890. The Atehison, Topeka January 30,1890.

Error from Washington District Court. ActxoN by Lyman Lacy, jr., to recover from A. L. Comstock, as executor of the estate of Bernard Rodgers, rent-money for the use of land previously purchased by him. On July 5, 1887, Bernard Rodgers owned a tract of land and rented the same for three years from March 1, 1888, at an annual rental of $200, for which three promissory notes were executed by the tenants and delivered to Rodgers.

Error from Wyandotte District Court. This was an action of trespass brought to test the title of the defendants below, plaintiffs in error in this court, to a right-of-way oyer a certain strip of land described in the petition. The case was tried before Hon. James S. GibsoN, judge pro tem.

Error from Wyandotte District Court. W. H. Bliss commenced Ms action against A. W. Little on the 28th. day of July, 1890, alleging in his petition that on August 21, 1889, he was the owner and in peaceable possession of certain personal property ; that Cornelia Mackey, falsely pretending lie was indebted to her in a large sum, to wit, $237, and that the same was secured by mortgage on the property, on August 21, 1889, demanded possession of the same from him, which he…

<p>Supbeme Coubt —Huffieiency of Oase-macle. The record in one proceeding in the supreme court cannot be made a part of a case-made in another proceeding in the same court by amere reference, nor can anything be considered as a part of such case-made unless it is actually incorporated therein.</p>

Error from Nemaha District Court. This case was commenced before a justice of the peace of the city of Seneca, and the plaintiffs obtained judgment for «$172 and costs.

On the 7th of October, 1893, an information was filed jin the district court of Decatur county charging Ii. 0. Kindig, as cashier and manager of the State Bank of Oberlin, with haying, on the 12th of July, 1893, unlawfully received a deposit of $63.25 for said hank, when he knew the hank at that time was insolvent. At the October term of the court for 1898, of Decatur county, the state, with leave of the court, filed an amended information.

Error from Anderson District Court. Separate actions by the Bank of Garnett, the Bank of Westphalia, the People's Bank of Colony, and the Bank of Greeley, against John W. Perris, as sheriff of Anderson county, and others, for an injunction. From an order in each case denying the application for a temporary writ, plaintiff in each case brings error: The opinion herein, filed April 6, 1895, states the facts.

Error from Pawnee District Court. At the general city election in April, 1892, F. J. Mathias was elected and in due time qualified as the treasurer of the city of Larned, in this state. In April, 1893, he was elected and in due time qualified and continued to perform the duties of treasurer until July 1, 1893, when he resigned. While city treasurer he was also cashier and general manager of the Pawnee County Bank, of which bank PI.

Error from Wyandotte District Court. Action for an injunction by Gordon against Bodwell and others. Judgment for defendants. Plaintiff brings the case here. The opinion states the facts.

<p>Criminal Case — Discharge of Defendant — Appeal by State. In a criminal prosecution where a jury had been impaneled, an opening statement was made by the county attorney, in behalf of the state, concerning the accusation against the defendant and the proof that would be offered to sustain the same, after which testimony was introduced on the part of the state; and when the state had rested, the defendant moved for his discharge tom further prosecution and also for the discharge of the jury, because the opening statement made by the county attorney, in connection with the evidence introduced in behalf of the state, entitled him to such discharge. The court sustained the motion, discharged the jury, and ordered that the defendant be discharged from custody and from further prosecution in the case, and from this ruling the state attempted to appeal to the supreme court. Held, That the prosecution is finally ended, and that an appeal by the state will not lie.</p>

Anderson Gray, having been convicted of murder in the first degree, appeals. All the material facts are stated in the opinion herein, filed April 6, 1895.

<p>1. Misdemeahok — Commitment—Payment of Fine and Costs. Where a defendant has been convicted of a misdemeanor before a justice of the peace, and adjudged to pay a fine and the costs of the prosecution, and to be committed until the fine and costs are paid, such judgment is not satisfied or discharged by the payment to the sheriff, having legal custody of the defendant, of the fine only, even if the justice in issuing the warrant of commitment accidently omits therefrom the amount of the costs.</p> <p>2. -Recommitment. In such a case, if the defendant pays the fine and is set at liberty, the justice may issue another warrant for his commitment, and he may be imprisoned thereunder until the judgment rendered by the justice is fully complied with.</p>

Original Proceeding in Mandamus. PetxtxoN by The State, on the relation of John T. Little, to compel W. F. Fagan, comity auditor, and the county board of Shawnee county, to allow a certain account. The facts are stated in the opinion herein, filed April 30, 1895.

Original Proceeding in Quo Warranto. This is an original proceeding instituted in this court to determine the right to the office of probate judge of Cowley county.

<p> Original Proceeding in Quo Warranto. </p> <p>The opinion herein, filed April 30, 1895, states the material facts.</p>

Original Proceeding in Habeas Corpus. A PETITION for writ of habeas corpus was filed in this court on March 21, 1895, on behalf of F. H. Mutchler, who is charged with grand larceny, committed in Johnson county, in this state, on the 5th of January, 1895.

Error from Leavenworth District Court. AotioN by Patrick Golding against tlie City of Rose-dale to recover damages for injuries to liis minor son. Plaintiff having died, Sarah Golding, his administra-trix, was substituted as plaintiff. Judgment for plaintiff. Defendant brings the case here. The facts appear in the opinion herein, filed April 30, 1895.

Error from Montgomery District Court. Two cases liave been filed in this court, both growing outJ of the same action in the district court of Montgomery county. The first was brought to review an order dissolving a temporary injunction granted by the probate judge of that county. In the other, error is alleged in sustaining a demurrer to the plaintiff's petition.

Error from Republic District Court. ' PbtitioN by L. J. McClun, guardian, against J. T. Glasgotv, as probate judge, for mandamus. A motion to quash the alternative writ was sustained, and the petitioner brings error.

Error from Decatur District Court. H. R. Marietta and 16 other creditors of Clark & Blake sued the latter in attachment. Isaac Clark inter-pleaded in said suits. There was judgment for plaintiffs in the attachment suits, and the interpleader brings error.

Error from Bourbon District Court. ActioN by Helen A. Berry, against the Railroad Company, to recover damages for the killing of her husband. The facts fully appear in the opinion herein, filed April 30, 1895. The judgment is not according to the mandate.

Error from Cowley District Court. AotioN by The Keystone Iron Worhs Company against The Douglass Sugar Company and the Merchants’ Bank of El Dorado, Kas. Judgment for defendants, and plaintiff brings error. The opinion states the facts.

Error from Lyon District Court. The plaintiff in error, as plaintiff below, brought suit to recover a lot in Emporia, and also damages for the use and occupancjr thereof. The record recites that “a jury being waived, the court then heard the evidence on the question of title, reserving the issues made by plaintiff’s second cause of action,” and after consideration the court rendered judgment in favor of the plaintiff for the recovery of the lot.

Error from Wilson District Court. JOHN B. Keys brouglit ail action to recover damages resulting from the alleged obstruction of a water-course by the railway company. Held: That the stream did not cease to be a natural water-course, and that plaintiff could maintain the action.” That the same law applies to subterranean streams — and we can distinguish no difference in principle — see the following authorities : Roath v. Driscoll, 52 Am.

Error from Washington District Court. ActioN by The First National Bank of Washington against Warren S. Clark. Judgment for defendant. Plaintiff brings tlie case here. The opinion herein, filed April 30, 1895, states the facts.

Error from Leavenworth District Court. The plaintiffs in error brought suit to recover damages under a contract for the sale of what is termed “ sugar-meal feed,” to be produced at the defendant's factory in Leavenworth.

Error from Chase District Court. This action was brought in the district court of Finney county by Joseph R. Jackson to quiet title to several tracts of real estate in Finney county, amounting in the aggregate to about 10,000 acres, alleged to have been purchased by him from Ott & Tewks-bury in August, 1886, who had obtained title from the Atchison, Topeka & Santa Fe Railroad Company, which company had derived the property through a grant from the United States. Ben.

Error from Shawnee District Court. The nature of this action and all the material facts appear in the opinion herein, filed January 5, 1895.

Error from Rice District Court. ON the 19th of February, 1884, John McKinnis commenced his action against John W. McAnuIty, to recover the possession of 160 acres of land, described as follows : The southwest quarter of section 5 in township 20 south of range 8, in Rice county; and also to recover $2,000 for rents and profits. Trial had on the 25th of September, 1889.

Error from Sedgwick Court of Common Pleas. ActioN brought by Anna Roivan against The Atchison, Topeka & Santa Fe Railroad Company on account of the death of her husband, who was killed while in the discharge of his duties as a brakeman of a freight-train of the railroad company.

Error from Ilarvey District Court. On tlie 13th. day of July, 1883, J. II. Sparhs commenced his action against the Fort Scott, Wichita & Western Railway Company and the Missouri Pacific Pailway Company to recover' $50,000 for personal injuries which he alleged resulted to him from the negligence of the companies. ’ Trial had, at the February term of the court for 1890, before the court with a jury.

Original Proceedings in Quo Warranto. Two ACTIONS in quo warranto by The State, on the relation of John T. Little, attorney general — one against Lovell F. Wentworth, and the other against T. J. Hayes. Judgment for defendant in each case.

<p>Bank Commxssxoneb — Appointment—Beginning of Official Term. In 1891 an act of the legislature was passed providing for the organization of banks, the regulation of the banking business, and authorizing the appointment of a bank commissioner. The act was passed in the closing days of the legislative session, and did”not take effect until a few days after the legislature had adjourned. It provided that the governor should appoint, by and with the advice and consent of the senate, a bank commissioner, whose term of office should be four years and until his successor was appointed and qualified, but made no provision for the filling of vacancies that might occur in the office, On March 21, 1891, J.Jwas appointed by the governor, and the senate not being in session the appointment was not confirmed. He qualified and took possession of the office, and continued to perform all the duties thereof until his successor was appointed and had qualified. At the next session of the senate, in February, 1893, B. was appointed, and his appointment was confirmed by the senate. Held, That the appointment of J. was only provisional and temporary, and the commencement of the official term began to run from the appointment of B., and that he is entitled to hold the office for four years from the time of that appointment.</p>

<p> Original Proceeding in Mandamus. </p> <p>The material facts are stated in the opinion herein, filed June 8, 1895.</p>

Original Proceeding in Mandamus. The nature of the action and the material facts appear in the opinion herein, filed June 8, 1895.

James Conway, haying been convicted of burglary and grand larceny, appeals. The opinion herein, filed June 8, 1895, states the material facts.

Appeal from Wyandotte Court of Common Pleas. Levi ChiNAult was convicted of an assault with intent to rob. He appeals. The opinion states the facts.

Error from Lyon District Court. ActioN by Lardner against Yahn, Keys, and others, to foreclose a mortgage. Judgment for plaintiff. Defendant Keys brings the case here. The opinion herein, filed June 8, 1895, states the material facts.

Error from Johnson District Goitrt. ActioN by Murray against the Railroad Company to recover damages for bodily injuries. Plaintiff had judgment; defendant brings the case to this court. The material facts are stated in the opinion herein, filed June 8, 1895.

Error from Chautauqua District Court. Action by Johnson against the Raihuay Company to recover damages for bodily injuries. Plaintiff had judgment, and defendant brings ,the case here. The opinion, filed June 8, 1895, states the facts.

At the September term, 1894, in the district court of Cowley county, 1?.

Error from Rice District Court. AotioN by the City of Geneseo against the Geneseo ^ Xatural Gas, Coal, Oil, Salt and Mineral Company and others. Defendants had judgment on demurrer to the petition, and plaintiff brings error. The facts appear in the opinion herein, filed June 8, 1895.

Error from Atchison District Court. At the January term of the district court, to wit, on March 27,1890, judgment was rendered in favor of the said George T. Challiss against the said W. W. Cook and T. A. Brace, and others, for the sum of $5,530 and costs. A case-made was prepared by Cook and Brace, but it was never settled nor allowed. The same material, with perhaps something additional, was, however, used as a transcript.

<p> Original Proceeding in Quo Warranto. </p> <p>All the material facts are stated in the opinion herein, filed June. 19, 1895.</p>

Error from Wyandotte District Court. Action by the Bank against Withrow, as assignee, and others. From the judgment rendered, the defendant assignee brings error. The opinion states the facts.

Error from Sedgwick Court of Common Pleas. The defendants here were the plaintiffs in the court below, and the action was brought to recover the value of a stock of goods alleged to have been unlawfully taken by the defendant below, who is plaintiff in error, and will be hereafter called the defendant. Trial had at the May term, 1890. Verdict and judgment for plaintiff for $3,896.86 and costs, and the defendant brings the case to this court for review.

<p>Cbxminal Case — Appeal—Insufficient Certificate. Unless the certificate attached to a record in a criminal ease shows that such record contains a true and complete transcript of all the proceedings had in the case in the district court, the appeal will be dismissed.</p>

Error from Norton District Court. Action by the Railroad Company against the clerk of the county of Norton and others to restrain the increase and collection of certain taxes. Judgment for defendants. The plaintiff company brings the case to this court. The opinion, filed June 8, 1895, states the material facts.

Original Proceeding in Quo Warranto. The opinion herein, filed June 8, 1895, states the nature of the action and the facts. At the time of serving and filing this brief, no issue had been made up in this cause. We labor, therefore, under the disadvantage of resorting to conjecture as. to the defense to be made.

Error from Wyandotte District Court. ' ActioN by Josephine M. Napole against The Atchison, Topeka & Santa Fe Railroad Company to recover damages for the death of her husband, Francesco Napole, alleged to have been caused by the negligence of the company. A trial was had with a jury, and upon the testimony submitted the following special findings of fact were made and returned by the jury : “Ques. 1.

Error from Harper District Court. ON March 1, 1886, Marshall H. Glenn and Lillie 0.

Error from Shawnee District Court. ActioN by Martha Barnitz against John B. Beverly to foreclose a mortgage. Prom a judgment and an order directing the sheriff to execute a deed to plaintiff, defendant brings error. The facts are stated in the opinion herein, filed April 30, 1895.

The nature of the action and the material facts appear in Beverly v. Barnitz, ante, p. 451, and in the opinion herein, filed December 7, 1895.

<p>1. Carbier — Passenger — Time to Alight —Negligence. It is negligence on the part of a railroad company for those in charge of a passenger train to induce a passenger to leave the train while in motion, and a gross disregard of the duty it owes to him not to stop the train entirely and give the passenger ample time and opportunity to alight.</p> <p>2. Contributory Negligence, How Determined. It is not contributory negligence per se for a passenger to alight ñ-om a moving</p> <p>train; but the question as to whether the act constitutes negligence depends upon whether the danger was so obvious that a prudent person would not under the circumstances have made the attempt, and is to be determined by the jury upon a consideration of the rate of speed the train had acquired, the place, the conduct of those in charge of the train, and all the circumstances connected with the act of alighting.</p> <p>3. - Question for Jury. The mere fact that the passenger acts upon the advice or command of the conductor would not justify him in attempting to alight from the train when it was obviously dangerous to do so, and the fault of the conductor in this respect will not relieve the passenger from the consequences of his own reckless acts. But if the train is moving very slowly, and the passenger, upon the suggestion or request of those in charge of the train, attempts to alight and is injured, it is a proper question for the jury whether it was a prudent or ordinarily careful act, or whether it was a rash and reckless exposure to peril and hazard. !. Recovery, When not Barred. A slight inattention to duty; which is not the proximate cause of the injury, does not bar a recovery for injury to a passenger resulting from the ordinary or gross negligence of the railroad company.</p> <p>5. Expectancy op Lire — Estimate, how Made. While mortality tables are admissible in evidence to assist the jury in estimating the expectancy of life, they are not indispensable, and the jury may make their estimate from the age, health, habits and the physical condition of the person at the time of his death; and upon the testimony in this case, it is held that the verdict cannot be disturbed on the ground that excessive damages were allowed.</p>

Error from Ness District Court. ActioN by Prouty, as administrator, against 'The Chicago, Kansas & Western Railroad Company, to recover damages for the alleged negligent killing of plaintiff’s intestate, Frank M. Dole. Verdict for plaintiff for $10,000, and judgment accordingly. The defendant brings the case here. The opinion herein, filed July 6, 1895, sufficiently states the facts.

Error from Rice District Court. This action, as originally tried before Hon. Samuel .Jones, judge pro fem., at the January term, 1890, was quite complicated. Seven mortgages had been executed upon the premises known as the “International Rolling Mills,” in Sterling, or upon different parts of or interests in said property.

Error from Wyandotte District Court. ActioN by The Hopkins Planing Mill Company and another against John Risse and others upon a bond given by a contractor. Trial before Hon. N. H. Loomis, judge pro tern., without a jury. There was a decree adjudging certain claims to be liens on the property of said Risse, and he brings the case here. All the material facts appear in the opinion herein, filed July 6, 1895.

Error from Sedgwick Court of Common Pleas. On tlie 26th of September, 1889, The Wichita Wholesale Grocery Company commenced its action against The Missouri Pacific Railway Company, alleging, among ■other things, that on the 20th of April, 1889, the railway company was a common carrier, operating a railway in and through the city of Wichita, in this state ; that it received on that date two car-loads of sugar of the value of $6,252.50, from the St. Louis & San Francisco…

At March term’, 1894, the defendant was tried upon a charge of feloniously breaking and entering a certain freight-car, the property of the Atchison, Topeka & Santa Fe Railroad Company, with the intent then and there to feloniously steal, take and carry away property of the said railroad company, and that, having so entered said car, he did then and there feloniously steal, take and carry away two pairs of shoes, six hams, one 50-pound can of lard, and one pair of gloves, of…

Error from Johnson District Court. ActioN by James M. Campbell, as administrator of the estate of David G. Campbell, deceased, against The Kansas City, Fort Scott & Memphis Railroad Company to recover damages for the death of plaintiff’s intestate. The court sustained a demurrer to plaintiff’s evidence, and he brings the case here. All the material facts are stated in the opinion, filed July 6, 1895.

Error from Lyon District Court. Burnham, Hanna, Munuer & Company brought suit against the Citizens Bank of Emporia, Thomas Campbell and others, to obtain an accounting for the proceeds of certain property which had been disposed of by the bank under chattel mortgages from Thomas Campbell, the plaintiffs claiming a lien under a mortgage executed by Campbell to them. Kellogg & Sedgwick, Cahn, Wampold & Company, and Bolim Brothers & Company were also made defendants.

Error from Johnson District Court. Action by Mary E. Gorsuch and others against Benjamin Reeder to have a certain deed decided to be a security merely, and for damages. Judgment for plaintiffs, October 4, 1890. The defendant brings the case to this court. All the material facts are stated in the opinion herein, filed July 6, 1895.

Error from Lyon District Court. Action by Wood against Norton and two others to recover upon a promissory note, and to foreclose a mortgage given to secure its payment. Judgment was rendered against Norton and defendant William Muff; and the former brings the case to this court. The opinion herein, filed July 6, 1895, states the facts.

Error from Marion District Court. This was an action brought by Manson Elsbree to recover upon a promissory note for $1,000, executed by Ferdinand Wahl and Louise Wahl, and payable to the order of Joseph M. Young five years after its date, to wit, May 6, 1886. The petition averred that at the same time the makers of the note executed and delivered to Young a mortgage upon a tract of land which they owned in Marion county, to secure the payment of the promissory note.

Error from Gotvley District Court. The parties to this action entered into a parol agreement for the purchase and sale of 40 acres of land belonging to the defendant, near Arkansas City. The price agreed on was $6,000, of which $2,000 was paid down, and the balance was to be paid in two equal installments in 6 and 12 months. The defendant and his wife executed and acknowledged a deed conveying the land to the plaintiffs.

Error from Jackson District Court. ActioN of ejectment by Hattie R. Douglass against James IT. Lowell and others. Judgment for defendants. The plaintiff brings the case to this court. The material facts are stated in the opinion herein, filed July 6, 1895.

Error from Scott District Court. ActioN by Susanna Frazer against The Chicago, Kansas & Western Railroad Company to recover damages for the death of her son who was a passenger on its train. Verdict for plaintiff for $5,000; new trial denied, and judgment rendered accordingly. The defendant company brings the case to this court. The material facts are stated in the opinion herein, filed July 0, 1895.

Error from Neosho District Court. F. 0. Harry, the plaintiff below, was a brakeman employed by the receivers of the Missouri, Kansas & Texas Railway Company on the line of road running from Coffeyville to Paola. On the 7th of December, 1889, his left arm was caught and crushed while he was attempting to couple two freight-cars at Coffey-ville. This action was brought to recover compensation for the injury, and resulted in a verdict in his favor for $5,000.

Error from Brown District Court. Action by Kora M. Carruthers, as administratrix of the estate of John T. Carruthers, deceased, against The Chicago, Rock Island & Pacific Railway Company to recover damages on account of the alleged negligence of said railway company, resulting in the death of plaintiff's intestate. The court below sustained a demurrer interposed by the defendant to the plaintiff's evidence, and entered judgment against the plaintiff for costs.

W. E. Price was convicted of grand larceny, from which judgment he appeals. The opinion herein, filed July 6, .1895, states the material facts.

<p> Appeal from Reno District Court. </p> <p>The opinion states the case.</p>

<p> Appeal from McPherson District Court. </p> <p>The opinion states the case.</p>

Error from Harper District Court. The nature of the action and the material facts are stated in the opinion herein, filed. July 6, 1895.

Error from- Sedgwick Court of C-ommon Pleas. ActioN by Binkert and. others against Getto to recover on a promissory note. Judgment for plaintiffs. The defendant brings the case here. The case is sufficiently stated in the opinion herein, filed July 6, 1895.

Original Proceeding in Quo Warranto. Two proceeding# by Mary E. Lease, one against George A. Clark, and one against Morton Albaugh and others, as members of the board of trustees of the state charitable institutions. Judgment for defendants. The opinion herein, filed July 6, 1895, contains a statement of the material facts.

<p> Original Proceeding in Mandamus. </p> <p>Ti-ie opinion, filed July 6, 1895, sufficiently states the case.</p>

Original Proceeding in Mandamus. ActioN by The Kansas Breeze Company against William C. Edwards, as secretary of state. ' The purpose of the action and the material facts are stated in the opinion herein, filed July 6, 1895.

Error from Mitchell District Court. ActioN by Allen against Neve and others to quiet title. Judgment for plaintiff. Defendants bring the case to this court. The opinion herein, filed October 5, 1895, contains a sufficient statement of the case.

Error from Mitchell District Court. ON May 21, 1887, William H. F. Gabe and his wife sold 165 acres of land to D. W. Soper and 13 others at the agreed price of $14,000. A cash payment of $2,800 was made, and the balance, which was to bear interest at 8 per cent., was to be paid in installments of $2,800 every three months, making the last payment due upon May 21, 1888.

Error from Broivn District Court. AotioN brought by Hannah M. Roach, as the admin-istratrix of the estate of Mitchell Roach, deceased, to recover damages arising in consequence of his death, caused by the alleged negligence of the defendant Railroad Company. The court sustained the defendant’s demurrer to the plaintiff’s evidence. A motion for a new trial was overruled, and judgment given against the plaintiff for costs. She brings the case to this court.

Error from Sumner District Court. This case arose out of a condemnation proceeding originally instituted by the LeRoy & Western Railway Company. The commissioners for condemnation filed their report April 22, 1886. S. J. Butts, a landowner, appealed from the award.

Error from Butler District Court. Ok November 16, 1890, Mary Stewart was a passenger on a train of the Atchison, Topeka & Santa Fe Railroad Company, en route from Augusta to Douglass, in Butler- county. On her arrival at Douglass, and while she was attempting to alight, the train was started and she was thrown to the ground between the depot platform and the wheels of the cars, resulting in her personal injury.

<p>1. Pkosecuting Witness — Name Changed by Marriage — May Properly Testify. Where cattle belonging to Mrs. N. are stolen, and before the filing of the information she marries and becomes Mrs. A., an information charging the larceny of the cattle of Mrs. N. is not objectionable in form on account of her change of name;, and where her name is indorsed on the information as Mrs. N. she may properly testify as a witness without any new or different indorsement.</p> <p>2. Cattle, Stolen Prom Various Owners— Competent Evidence. Where the defendant is charged with the larceny of three head of cattle belonging to N., and it appears on the trial that 13 head of other cattle belonging to various individuals were stolen and driven away at the same time with those described in the information, it is not error to permit witnesses to testify with reference to all the cattle taken and the ownership of them, and to the fact that they were all found together in the possession of the defendant.</p>

Eli Grubb was convicted of rape, and sentenced to the penitentiary for five years. He appeals. All the material facts are stated in the opinion herein, filed October 5, 1895.

Error from Sumner District Court. ActioN of replevin by J. D. Bowersock against T. M. Adams, as sheriff of Sumner county. Defendant had judgment, and plaintiff brings the case to this court. The facts are stated in the opinion herein, filed October 5, 1895.

Error from Cloud District Court. This action was brought by the defendant in error, as plaintiff below, against the plaintiff's in error, who are his brothers, for the purpose of establishing his right to the entire estate of Adell and Hannie Poore, ■ deceased sisters of the parties to the suit.

<p>1. Cbiminal Case, Might Properly he Dismissed. The document brought up for review being apparently a bill of exceptions, and nothing more, the case might properly be dismissed, and would be if insisted on by the state.</p> <p>2. Evidence — Defective JSeeord. As it does not affirmatively appear that the document called a record contains all the evidence, we cannot say that the defendant did not counsel, aid or abet the original taking of the hog.</p> <p>3. -Instruction — Aiding in Commission of Offense. An instruction that if the jury should find that the defendant conspired and confederated with other persons for the commission of the alleged crime, and that he did in any way aid or abet in its commission, either by counsel, assistance, or concealment, he might be convicted, is not properly subject to the criticism that under it the jury would be authorized to convict where there was no evidence showing any connection of the defendant with the original taking..</p>

<p>• Appeal from Wilson District Court.</p> <p>Oscar Wade, charged with the larceny of cattle in Wilson county, was convicted thereof and sentenced accordingly. He appeals. The opinion herein, filed October 5, 1895, states the facts.</p>

Original Proceeding in Habeas Corpus. PetitioN of John Z. Jahn for Ms release from imprisonment. The material facts appear in the opinion herein, filed at the session of the court in October, 1895.

<p> Original Proceeding in Habeas Corpus. </p> <p>The opinion herein, filed October 5, 1895, contains a sufficient statement of the case.</p>

<p> Original Proceeding in Habeas Corpus. </p> <p>The opinion herein, filed October 5, 1895, states the case.</p>

<p> Original Proceeding in Mandamus. </p> <p>This is a proceeding in this court to compel the Missouri Pacific Railway Company to increase its train-service on the LeRoy & Caney Air Line road,— a little railroad about 51 miles long, between Roper, in Wilson county, and Peru, in Chautauqua county. In the stipulation of facts entered into and filed in this case, it was admitted that a mixed train, carrying both passengers and freight, was run over the railroad each way daily, but on the 20th of January, 1890, the board of railroad commissioners of the state ordered that a train for passengers exclusively should also be put in operation upon the road. It was also admitted that the earnings of a passenger-train on the road would probably not be sufficient to meet the expense incurred in its operation. Other facts are stated in the opinion herein, filed October 5, 1895.</p>

G. W. Oliver was convicted of train-wrecking, and sentenced to imprisonment in the state penitentiary for four years. He appeals. The facts appear in the opinion, filed October 5, 1895.

Error from Sumner District Court. W. T. HeNRY brought an action against The Atchi-son, Topeka & Santa Fe Railroad Company to recover damages for injuries sustained by him on account of the alleged wrongdoing of the company, and in his petition alleged that on January 9, 1890, he boarded a train of the railroad company at Kansas City, Mo., for the purpose of riding over the Southern Kansas division of that railroad to AVellington, Kas. ; that he was provided with a ticket or…

Original Proceeding in 1Jabeas Corpus. Ti-iic statement of the case, made by Martin, C. J., is as follows : Iola is, and at all times hereinafter mentioned was, a city of the third class in Allen county.

Error from Wyandotte District Court. ActioN by the Railroad Company against the City of Argentine. Judgment for plaintiff. Defendant brings the case to this court. The facts sufficiently appear in the opinion herein, filed October 5, 1895.

Actiox in the district court of Lyon county by Blood against Bain. Plaintiff had judgment, and defendant brings it here for review. The opinion, filed October ¡1, 1.895, states the case.

Original Proceeding in Mandamus. Mandamus by William Rogers against E. N. Mor-rill ; and quo warranto by William Rogers against O. L. Moore. Judgments for the defendants respectively. The statement of the cases, made by MartiN, C. J., is as follows: These cases were heard together, and both involve the title of William Rogers to the office of regent of the state university.

Original Proceeding in Mandamus. ORIGINAL application, on September- 19, 1895, by Granville P. Aikman, for a writ of mandamus to William G. Edwards, as secretary of state. The facts fully appear in the opinion herein, filed November 9, 1895. .

Appeal from, Ford District Court. PeosecutioN for rape. All the material facts are stated in the opinion herein, filed November 9, 1895.

Error from Coffey District Court. The original action was commenced September 5, 1889, by M. L. Beard and G. W. Beard, as partners, against J. R. Garrett, the Burlington National Bank, the Bank of LeRoy, and Lane & Kent, partners, to re-cove! damages for the taking and conversion of certain cattle and hogs of the alleged value of $4,050, and 60 acres of standing and growing wheat said to be'worth $1,800.