The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1903-09-13
Hand Down Many Opinions of
Great Interest.
MANY POINTS COVERED
List of the Cases and How
Disposed of.

versus the territory, from Logan county.
which was affirmed by the supreme court
is one Of the oldest cases on the supreme
court docket The affirming of the de-
cision of the lower court makes per-
manent injunction against the operation
of a "honkatonk" theater in Guthrie.
During the early days the Reaves broth
ers operated such a theater. and resi-
dents of the city secured an injunction.
The case was brought through the
courts up to the supreme court, and it
is now stated that an appeal will be
made to the supreme court of the United
States. II. II. Reaves. one Of the broth
ers. died about year ago. but the con-
test is still being kept UP by the re-
naming brother,
W. II. Carpenter VS.. Annie V. and John
T. Russell, Cleveland county, reversed
and remanded, opinion by Burford- This
was suit TO settle an estate and also
to test the powers of the probate court.
j. IT Moorehead, VS.. II. NJ. Davis.
Blaine county reversed, opinion by Bur-
well. This was an action to recover
money for a bill of goods. alleged TO
have been sold TO Davis.
In re James Dykes and Frank Baker.
habeas corpus petition, Comanche cOun-
ty, denied. opinion by Burford Dykes
and Baker were arrested on an indict
ment for grand larceny. were admitted
to bail and have since been at large.
They petitioned the supreme court to
release them from further liability under
the Indictment as they had not been
given a hearing heretofore in the courts.
James Penton VS.. d. NJ. Hansen, Kay
county. reversed and remanded. opinion
by Burwell. Hansen had delivered to
Penton six head of cattle 10 be kept by
the latter for three years, his pay being
one half the increase. II is claimed that
Penton. sold some of the cattle and then
Hansen sought TO replevin some of the
remainder.
A J. Blackwell VS. II. f. Hatch. Kay
county. judgment modified. opinion by
Burwell. This was a suit to cancel
deed.
James and Mary Donohoe VS.. ]. W.
opinion by Beauchamp. A suit TO re-
cover possession of Ell Reno real estate.
James H. Forney VS.. Fillmore L. Dow.
Garfield county, affirmed, opinion by
Burwel. a suit for the possession Of
quarter section or Iand-
School district No. "a VS.. Nellie Gautier,
Grant county. affirmed. opinion by Bur
ford. A naetion to recover for breach
of contract on the part of a school
board.
Frank McMaster VS.. The Peoples Bank
of Edmond and ]. r. Keaton, Comanehe
county, appeal dismissed and remanded;
opinion by Burford. A suit on surety
bond
William Morrill, VS.. Chas. c. Casper ct
al, Pottawatomie county. affirmed. opin-
ion by Beauchamp. suit to clear a
title.
Elwood Denny VS.. Wright & O'Rourke.
Canadian county. dismissed and because
records were not filed with case in SUI
preme court Opinion by Beauchamp-
Mary E. and Reuben Marshall VS.. Mary
and Henry HOMER. Kinghsher county,
reversed and remanded. opinion by Beau
champ a case to reform a deed.
The Board of Education OF Saltwater
VS.. Ida r Alldredge, Payne county, af-
frmed, opinion by Burwen The school
board condemned 4 site for a school
building without notifying the owners
thereof and ! writ Of custer was issued
to the owner. the defendant in this case.
School District No. 112 VS.. A. r. Good
pasture. Garfield county. affirmed opin-
ion by Burwell- 4 suit 20 quiet title to
a school site.
Peoples Bank vs. Frick Company. OF
waynesboro. Pa, from Garfield county.
affirmed opinion By Burford a suit for
the possession Of a traction engine.
Lizzie Farrell vs.. Anna Putoff. LIN
coin county. affirmed opinion by BurweI
4 suit TO recover land Fenton Bowling
secured a divorce from the FIRST wife
in the probate court Of Oklahoma county.
the divorce afterward being held null
and void because issued in the probate
court In the meantime. however. he
married again. his second wife being An
na Puton. She secured realty from him.
which his daughter. the plaintiff. 5y his
first wife. seeks to recover.
John Schriber. Sr.. vs. John 2. ClspP
et al. Garfield county. reversed and re-
mauded. opinion BY Burford- An action
FOR malicious prosecution.
II H and p :. Reayes vs.. the Terri
tory. Logan COUNTY. affirmed. opinion ~
Beauchamp This makes permanent the
Injunction preventing the Eeaves from
operating a '.honkatonk theater IN Guth-
RE
Richardson-Roberts Dry Goods Com
psny IS Hockady. Lincoln county. re-
hearing denied.
wade VS.. Mitchell, motion granted 70
reins.ate.
IN the iaud contest cases II Potter 80.
Hun. BockfinEer ". Foster. and Potts
vs. Holland the nandate q the United
states Supreme court yas orSiere1 spread
OF record ard mandate 4 TIE terri
torial sonrerne court % issue iu accord
ance Herewith
II the Inquest habeas corpus acton.
the petition vae denied
Rorig " Gillette rsotios q modify
the mandate Withdrawn
George w Cooke ~ Oxin hor1a city. Y.
N Newly q Guthrie and Joha Burger
q Blackwell were admitted 60 fhs bar.
This so6s TIE zeEk n the supreme
court until the January term -
Harry kellogg vH School District 70
I8. Conznche county. reversed ard -
rrsngisi Opinion ~ Chlef justice Bur
ford BssFsr5 Aoids that KesioEg e. a
citizen @ fhs district zas entitled 20 ~
in5uocsisn u prevent TIRE ersetrsn =
four schooi housez ia that district sn4
create large deat axsinst tAe district
r T. Esrnisoa -. Isrzmn-FIaso CcEz-
rrissiou Co. woods county reserzed sd
reu.araes Oplnsea ~ BurfaFs. Ire
pissBtiE ss~ke % ree9ser several iAousan1