OF CASES ARGUED AND DETERMINED IN THE SUPREME COURT OF THE STATE OF KANSAS. A. M. F. RANDOLPH, REPORTER. VOL. LII. CONTAINING CASES DECIDED AT THE JULY TERM, 1893, AND THE JANUARY TERM, 1894. TOPEKA, KANSAS. THE HAMILTON PRINTING COMPANY: EDWIN H. SNOW, STATE PRINTER. 1894. ENTERED according to act of Congress, in the year 1894, by A. M. F. RANDOLPH, REPORTER, For the benefit of the State of Kansas, In the office of the Librarian of Congress, at Washington. Ree July 18, 18974. KANSAS REPORTS.-VOL. 52. iii JUDGES OF THE SUPREME COURT, DURING THE PERIOD COVERED BY THIS VOLUME. . Atchison. HON. ALBERT H. HORTON, CHIEF JUSTICE.... Pleasanton. OFFICERS: CLERK .C. J. BROWN A. M. F. RANDOLPH. Blue Rapids. Burlington. Topeka. THE terms of the Supreme Court are held at Topeka, on the first Tuesday of January and the first Tuesday of July, in each year; but there will be a meeting of the Court for hearing cases in every month except August-each session beginning on the first Tuesday of the month. At each such session, all cases will be assigned for hearing in which service was completed prior to the first day of the preceding month. JUDGES OF THE DISTRICT COURTS, DURING THE PERIOD COVERED BY THIS VOLUME. FIRST DISTRICT...... .HON. L. A. MYERS.. SECOND... THIRD FOURTH. FIFTH.. SIXTH. SEVENTH. EIGHTH NINTH TENTH. ELEVENTH. TWELFTH.. TWENTY-FIFTH.. THIRTIETH.. THIRTY-FIRST. THIRTY-SECOND. THIRTY-THIRD THIRTY-FOURTH.. HON. W. D. WEBB. HON. Z. T. HAZEN. .HON. A. W. BENSON. HON. WILLIAM A. RANDOLPH .HON. J. S. WEST. HON. L. STILLWELL.. HON. JAMES HUMPHREY .HON. F. L. MARTIN. HON. SAMUEL W. VANDIVERT. HON. G. WEBB BERTRAM1 HON. C. REED. HON. JAMES A. RAY? HON. J. H. BAILEY3. HON. ROBERT B. SPILMAN HON. J. F. THOMPSON HON. C. W. SHINN... THIRTY-FIFTH...........HON. WILLIAM THOMSON. Valley Falls. .Topeka. Fort Scott. Junction City. Hutchinson. . Olathe. Independence. Concordia. Winfield. Russell. Osborne. Kinsley. Oberlin. Wichita. Lyons. Seneca. Wa Keeney. .. McPherson. .Dighton. Stockton. .Burlingame. JUDGE OF THE CIRCUIT COURT OF SHAWNEE COUNTY, HON. J. B. JOHNSON... ..Topeka. JUDGE OF THE COURT OF COMMON PLEAS OF WYANDOTTE COUNTY, HON. THOMAS P. ANDERSON Kansas City. 1893. Succeeded by Hon. A. C. T. Geiger, of Oberlin, who was elected November 7, 1893. 2 Succeeded by Hon. J. A. Burnette, of Caldwell, who was elected November 7, 1893. 3 Succeeded by Hon. Ansel R. Clark, of Sterling, who was elected November 7, 1893. Succeeded by Hon. James E. Andrews, of La Crosse, who was elected November 7, OFFICERS OF U. S. COURTS FOR DISTRICT OF KANSAS, DURING THE PERIOD COVERED BY THIS VOLUME. THE terms of the Circuit Court for the district of Kansas are held as follows: At Wichita, on the first Monday of March and the second Monday of September; at Topeka, on the fourth Monday of November; at Leavenworth, on the first Monday of June; and at Fort Scott, on the second Monday of January. THE terms of the District Court for Kansas are held as follows: At Topeka, on the second Monday in April; at Salina, (by consent or special order,) on the second Monday of May; at Wichita, on the first Monday of March and the second Monday of September; at Leavenworth, on the second Monday of October; and at Fort Scott, on the second Monday of January. *Resigned; succeeded by Hon. W. C. Perry, of Fort Scott, who was appointed September 8, 1893. +Resigned; succeeded by Hon. S. F. Neely, of Leavenworth, who was appointed January 26, 1894. Resigned; succeeded by Geo. F. Sharitt, of Topeka, who was appointed December 26, 1893, |