The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1907-02-15


Iny in recovering money; also that the
contracts Of the company were a fraud
'on their fece, promising each investor
something that could not be perform
ca; also That the money deposited In
the bank by the agent remains the
companys funds, and can be garni-
sheed
The company did business of sell.
ing so-called secured interest bearing
certificates which. after many condi-
tons were compiled with, purported
to pay the investor $3.50 for every 81
invested Vaughn had been solicited
and bought tickets to the amount of
$685.. Later he alleged fraud and a
conspiracy and began suit to recover.
Newspaper Man Loses.
The case Of the Board of County
Commissioners VS.. j. Everett Smith,
editor OF the Woodward Bulletin. was
reversed today In an opinion by JUS
claim for $6e195 for printing delin4
quent tax Ba; this the commissioners
disallowed, awarding him but s652.
He appealed TO the district court, and
the matter was referred TO a referee.
d. p. Marum, who decided in Smiths
favor, allowing him $62425. The Com
missioners then appealed 20 the SUI
preme court
In his opinion Justice Pancoast
holds that the Oklahoma statute al
ows payment for publishing such tax
lists in only one issue of the paper,
and that the publisher cannot recover
( for printing II in additional issues;
also that the publishing of such lists
is directly in the charge Of the county
treasurer; also that where a district
court allows a judgment for more than
is due. 1t is within the Supreme
Courts Jurisdiction TO reduce the
amount to the correct figure. and in
this case the court awards Smith the
sum of s4S
Must Account for First [ .ter
The Barton-Parker Man .iacturlng
company, an Illinois concern, began an
action in the district court of Comanch
/ county, to rcovr from the Miller Mer-
camille company of Walters upon Ia
contract for the purchase Cf a stock OF
| jewelry. The Miller compans denied
the contract and also denied the writ
ing of letter. shown By the Illinois
company orderingg the goods in aues
tion. The lower court accepted Mil
ler's denial, together with a letter that
he claimed he did write and send to
the company. Miller was given a
judgment. and the company appealed
In his opinion, reversing and remand
ing the case, Justice Gillette held that
the only question to settle was the ad
missibiliy OF evidence, and held that
the letter. introduced by Miller, could
| t,I~ tl,ss
letter, introduced by the Illinois com
\ pany, was completely accounted for.
Other Cases Passed Upon
The Plymouth Cordage company o.
Massachusetts, VS.. J.. A. Smith, of KING
fisher. appealed from Kingflsher coun
ty, affirmed; opinion by Justice Hainel
The company brought an action In the
lower court to have Smith declared 9
bankrupt against his wishes. Smith
protested and was awarded verdict
in the lower court.
ID. f. Harness VS.. the Mckee Lum
ber company, from Oklahoma county
affirmed, opinion by Justice CARRIER
this was an action wherein the lum
Der company secured judgment against
Harness for material used in con
tractors In constructing Harness res
idence in Oklahoma City.
Roberts. from Garfield county, af
I George F. Trower VS.. Mamie f
firmed; opinion by Justice Irwin
Miss Roberts secured a judgment fol
damages against Trower whom she
sued for slander.
John r. Hale VS.. George w. Broe
from Comanche county, dismissed
opinion by Justice Pancoast: this was
an action brought by Broe for an &c
counting and receiver in a settlement
with Hale IN connection with a road
ditcher. Broe won a verdict below
and the case is now dismissed. Pan
coast holding all the syidence had no
been submitted w.th the case-made e
the supreme court.
]. NJ and Perry A. Hoeffer VS.. J. r
and Frank Dunbar, from Kay county
affirmed: opinion by Chief justice
Burford, the Dunbars sought to re
cover money paid on an oral agree
mem to lease Indian lands without the
consent OF the Interior Department.
l.. Pulls vs Robert Casey. Kingfshel
county, affirmed; opinion by Burford
Casey brought action in the lowe
court and secured judgment agains
RUS lOI bitdth VI tOAAtid dNN IN tht od4'
of Casey OF saloon at Dover.
John b, Greenmayer VS.. Isaac Q
4 Coate. Kay county. affirmed; opinion
by Gillette; an action 10 recover th'
legal title to lots. where patent wal
. Issued by the government.
Patterson Furniture company VS.
y York Byers, Logan county, reversed
and remanded opinion by Irwin; al
action in repleyin brought by the Pal
tefsons. who weie ruled out in th'
lower court on demurrer that th'
Patterson Furniture company wal
fictictiOun name.
The Choctaw. Oklahoma & Gulf rail
way company vs. j. b. Garrison, Ok
lahoma county. reversed and remand
ed opinion by irwin; an action by thu
company TO recover from Garrison
$4524 freight charges ON a car of Goa
from McAlester to Oklahoma City.