Haines v. Atchison, Topeka & Santa Fe Railway Co.

(concurring) : In the case of Schippel v. Norton, 38 Kan. 567, 16 Pac. 804, special findings of fact on which judgment was entered for the defendant read as follows:

“12. Before making and verifying said complaint, did defendant make a statement of the facts of the case, as then known by him, to the county attorney, John G. Spivey? A. Yes.

“13. Was such statement substantially full and correct? A. Yes.

“17. Did the county attorney, upon being informed of the facts as then understood by Mr. Schippel, advise Mr. Schippel that John I. Norton, Wright Norton and Alonzo Wagstaff were guilty of a…