The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1899-08-30
MORE OPINIONS
Syllabi in Remainder cf Decis
ions Handed Down by
BurfOrd. 4

The Consolidated Steel and Wire COM
pany and the wicita Plumbing and
Pump company vs. Burnham, Hanna.
Munger and company and Thomas i.
Dickson.
Error from district court, Kay county.
Reversed
4. solemn or judicial admissions made
for the express purpose OF dispensing with
the proof Of some fact at the trial, in
the form OF express stipulation, on being
He'd and becoming part OF the record, are
generally conclusive OF all the facs in
volved and may be given in evidence on
any subsequent trial in tho same cause
Where a case is tried ON an agreed
statement OF facts the appellate court f.
as competent 10 consider such facts and
apply The law. as the trial court. There
being nothing 10 weigh as o. the credl-
billty OF Witnesses, the appellate court
wll determine the law ON the facts agreed
to and may render such Judgment as the
triai court should have rendered.
3. Where judgment Is rendered Ia a
cause tried upon agreed facts, and the
supreme court reverses such judgment
and remands the case generally, the fnd-
/ Mss hliu tOiAAuHlNllr VI All1 supreme EhuLk
are res adjudicata az 20 tho facts en-
braced In the agreed statement, and the
trial court should have rendered or dt
rected on the findings and concl islons
announced by said court
| {. when judgment is reversed and
cause remande il stands the same as
tf mo trial had been had and pleadngs
MAY be amended. supplemental pleadings
hled, and new issues formed, under prop
er restrictions, except that an issue la
Fcrmined upon an agreed statement Of
facts cannot generally DO roopened.
| 8. Amendments to pleadings are largely
within the discretion of the trial court,
and to authorize a reversal Of a 1udg-
ment because an amednment was not al
bowed 20 he filed. there must be such a
showing az produces a reasonable convlc-
tion chat there was an abuse OF judicial
discretion.
8. II WAS prejudiclal error to refuse 30
allow the defendants after the reversal
Of the former judgment to amend their
answer setting up fraud and collusion be-
tween Burnham, Hanna, Munger and
COMPANY, attachment plaintiffs. and
Dickson. attachment defendant, whereby
a judgment was obtained and an attach
ment sustained for "A debt that did not
exist. and which Judgment and attach
nient. would. II allowed 90 stand. defeat
their executions: It being avetred that
the facts constituting the alleged fraud
and collusion dld not come % the know
ledge Of defendantB until after the cause
was reversed and remanded.
/ l., - nd ya Ifun
Barls.
!, l. One who sells READ property has a
special vendors Hen thoreon independent
OF possession. for 40 much Of the price
as remains unpaid and unsecured. other.
wise than by the personal obligation Of
the buyer subject 10 the rights or pur-
chasers and incumbrancess In good faith
without notice. CSessiOn laws. 1895. y. 1G4.]
@ One who purchases real estate is
, in the absence OF AN agreement to IN,
contrary entitled 10 possession when TN
conveyance Is executed. but failure Of IN
II vendor to deliver pOssessbon will not Dc
:, feat his right to maintain an actiUn {
recover balance OF purchase money. Tn
n value Of the uso Of the land during IN
], time no wrongfully withholds possessio
a is a proper matter Of set on or counte
r claim in am action for purchase money
n g. Where a cause Is tried 20 the cOur
: upon controyerted questions OF fact, an
r there is evidence reasonably tending q
support the findings Of the triah oourl
.. the findings will not be disturbed on th
,. weight of the evidence
m John Young vs. Territory Of Oklahoma.
!. Fcrror from district court, Woods county
Reversed
AL l. An Indictment for assault with ir
NJ tent TO commit the crlmo OF rape shoul
contain an averment that the female a.
,t saulted was not the wife OF the perso
e. accused Of this assault
v 2. An indictment for assault with Be-
tent to commit a felony should oonta'
Ia a sufficient charge Of assault and he e
= sential acts constituting tho partlcula
> felony which It was alleged was inteude
n TO be committed should be averred.
m g. In order 90 constitute good chars
n OF assault with intent to commit rape uI
10 on a female under the age OF consent n
= Ind otment mist aver that she was
= previous chaste ana yirtuOus character.
NJ & An Indictment for assault with II
A. tent 10 commit rape by forca should col
l. ftain the ayerment that the defendant o.
n- aaulted the female with tho fslOnlot
a. intent TO have sexual intercourse vii
"A her BY force or violence sufficient 10 o.
eroome any reBlstance sho might max
ri John Y Fodst ~ Territory OF OSiahon
IA Error from district court Garfield ooui
~ ~. Affirmed.
A. /. Statute 1898 aeotion E2a9 which rea,
Every person guilty OF using or prouu
ing encouraging or assisting another
= use any force or violence ia entsrir
upon or OBTAINING any lands or posses
ions OF another. etc. 10 guilty OF ni
dsneanor" creates and defines two di
tinct offensss. ono FOR forclbly enterr
upon or OBTAINING lands Of another on
the other for forc.bly entering upon
Obtaining the possessions OF anOthe
Lands as here used implies title or Ow
ership while possession implies only %
sesSory interests or rights.
e. An information under said ssotio
which charges that the defendant d
then and there. unlaBfully and wilful
use force and violence and assist anoth
to-wii, John W&burn, 20 use 1orcs a.
violence IN entering upon tho pOsse85i'
Of another, to-wit David p. Bningto
thet - 10 say the said John z. EOust d
then and thore. unlaWfully and wilful