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REPORTS

OF

с

CASES ARGUED AND DETERMINED

IN THE

SUPREME COURT

OF THE

STATE OF KANSAS.

REPORTER:
LLEWELLYN J. GRAHAM.

VOL. LXXI.

MARCH 11, 1905-JULY 7, 1905.

STATE PRINTING OFFICE,
TOPEKA, 1906.

100

ENTERED ACCORDING TO ACT OF CONGRESS, IN THE YEAR 1906, BY

LLEWELLYN J. GRAHAM, Reporter,

For the benefit of the State of Kansas,

In the office of the Librarian of Congress, at Washington.

Puc. Afril 2, 1907
Rec.

JUSTICES OF THE SUPREME COURT

DURING THE PERIOD COVERED BY THIS VOLUME.

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CLERK, . DELBERT A. VALENTINE, Clay Center.

REPORTER, LLEWELLYN J. GRAHAM,

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Topeka.

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SESSIONS:

THE Supreme Court meets for the hearing of causes in every month but August and September, each session beginning on the first Monday of the month, except the January and July sessions, which begin on Tuesday.

1. Resigned July 1, 1905, and succeeded on that date by the Honorable Silas W. Porter, of Kansas City, who was appointed by Governor Edward W. Hoch.

2. Mr. Justice Cunningham died August 16, 1905. The Honorable Charles B. Graves, of Emporia, was appointed to the vacancy August 21, 1905, by Governor Edward W. Hoch.

3. Appointed June 14, 1906, to succeed Thomas E. Dewey, who died June 9, 1906.

JUDGES OF THE DISTRICT COURTS,

AT THE PRESENT TIME (SEPTEMBER, 1906).

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TENTH...

ELEVENTH

TWELFTH...

THIRTEENTH..

HON. WALTER L. SIMONS
HON. LEANDER STILLWELL
HON. OSCAR L. MOORE

.......

HON. WINFIELD H. SHELDON HON. WILLIAM B. GLASSE. HON. WILLIAM T. DILLON. HON. GRANVILLE P. AIKMAN.. FOURTEENTH.......... HON. THOMAS J. FLANNELLY.

Ottawa.

Cottonwood Falls.

Fort Scott.

Erie.

Abilene.

McPherson.

Paola.

Columbus.

Belleville.

El Dorado.
Independence.

...

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HON. WILLIAM I. STUART.. HON. JAMES H. REEDER... HON. PRESTON B. GILLETT.. HON. J. MCCABE MOORE.. THIRTIETH.............................. HON. ROLLIN R. REES. THIRTY-FIRST........

THIRTY-SECOND......
THIRTY-THIRD

Kansas City.

Minneapolis.

HON. EDWARD H. MADISON ....... Dodge City.
HON. WM. EASTON HUTCHISON..... Garden City.
HON. CHARLES E. LOBdell.

THIRTY-FOURTH...... HON. CHARLES W. SMITH

THIRTY-FIFTH........ HON. ROBERT C. HEIZER...
HON. MARSHALL GEPHART..
HON. OSCAR FOUST...

THIRTY-SIXTH............

THIRTY-SEVENTH

THIRTY-EIGHTH...... HON. ARTHUR FULLER.

Larned.

Stockton.
Osage City.

Oskaloosa.

Iola.

Pittsburg.

Manhattan.

Troy.

Hays.

........

Kingman.

JUDGE OF THE COURT OF COMMON PLEAS OF WYANDOTTE COUNTY,

HON WILLIAM G. HOLT, Kansas City.

OFFICERS OF UNITED STATES COURTS, DISTRICT OF KANSAS.

ASSOCIATE JUSTICE, SUPREME COURT,

HON. DAVID J. BREWER....... WASHINGTON, D. C.

JUDGES OF CIRCUIT COURT OF APPEALS,

HON. WALTER H. SANBORN....ST. PAUL, MINN. HON. WILLIS VANDEVANTER... CHEYENNE, WYO. HON. WILLIAM C. HOOK........ LEAVENWORTH, Kan. HON. ELMER B. ADAMS.

ST. LOUIS, Mo.

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HON. WILLIAM H. MACKEY, JR, JUNCTION CITY.

CLERK OF CIRCUIT COURT,

GEORGE F. SHARITT.......... TOPEKA.

CLERK OF DISTRICT COURT,

MORTON ALBAUGH..

KINGMAN.

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THE terms of the Circuit Court for the district of Kansas are held as follow: At Wichita, on the second Monday of March and second Monday of September; at Topeka, on the fourth Monday of November; at Leavenworth, on the first Monday of June; at Fort Scott, on the first Monday of May and second Monday of November; and at Kansas City, on the second Monday of January (jury) and the first Monday of October (no jury).

THE terms of the District Court for Kansas are held as follow: At Topeka, on the second Monday of April; at Salina (by consent or special order), on the first Monday of May; at Wichita, on the second Monday of March and second Monday of September; at Leavenworth, on the second Monday of October; at Fort Scott, on the first Monday of May and second Monday of November; and at Kansas City, on the second Monday of January (jury) and the first Monday of October (no jury).

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