The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1908-05-15
suPRrME couRr.



charged another party as defendant for
the same services which action was
not tried and no Judgment rendered
therein in the case on trial defendant
asked an instruction of the effect that
this former action worked an estoppel
TO plaintiffs prosecution Of his case
against it which was denied by the
court; held, not error. The bill Of
particulars IN such former suit being
a quasi admission wss competent as
evidence, but did not constitute an
estoppel.
Veroict--Evidence-
2. Ia case where the evidence in
troduced Is conflicting and the iury
finds verdict. If the same is reason
ably supported by the evidence the
cause will not be reversed IN this
court on this account.
,. ATTORNEYS EE-ACTIONS
FOR PERSONAL SERVICES Un-
constitutlonal-Se Section I, chapter 81,
paragraph 69t5. Wilson's Compiled
and Annotated Statutes Of Oklahoma.
providing for an attorneys fee where
an action is brought by any laborer.
clerk. servant nurse or other person
for compensation for personal services
to be recovered as costs is in viola
tion Of the Fourteenth Amendment of
the Constitution OF TIE United States
and hence void.
Decided In Favor Of Corporation.
Among the lot is the case of the NJ.
X. and Oklahoma Railroad company
VS.. Joel Ferguson, an appeal from Lo-
gan county. which the court revises
and rcmands for new trial.
The defendant in error, plaintiff
below brought an action before the
justice court on April 80. 1904 for $75
damages for injury to live stock.
which was appealed TO the district
court. when on new trial the court
rendered a judgment in favor of the
plaintiff.
Tie syllabus of the opinion fol
lows;
1. A railroad company may let to
an indersndent contractor to do such
work as ie not in itself necessarily or
dangerous to person
or property without incurring any
liability for the negligence OF the con
employees.
>. In a suit against railroad
for negligently injuring an
animal when the proof shows il to
have been injured by becoming en-
tangled in wire fence in course of
along defendants right
of-way, 1t was eror for the court TO
exclude evidence offered on behalf of
The defendant showing that the fence
at the timo was being constructed
contractors
Verdict Sustained.
IN the case Of d. B. Hussey vs..
w w. Blocylock ct. al, Justice Tur
ner in an opinion sustains the decis-
ion Of the lower court The case is
a replevin suit brought in July, 1905
by defendant plaintiff below to get
possession of a black horse mule value
Of 1925. The defendant in the lower
court in his answer alleged that he
was an innocent purchaser OF the ami
NAL.
The syllabus of the opinion follows;
In determining whether the court
erred in refusing to instruct the jury,
At the close of the evidence, TO re-
urn a verdict toi the plaintiff, If there
IS any evidence, direct or circum
'tantial fairly tending TO support the
ferdict. it must stand. Eevery pre-
is in its favor and all doubts
must be resolved in its favor. The !
,ourt will not weigh or balance the |
violence.
In an action OF replevin where the /
discloseS that plaintiff had |
lever parted with the title of the prop |
rty but only with possession thereof |
0 another. il was error to refuse to |
instruct the jury to return verdict |
or plaintiff although the evidence dis.
loses defendant to be an innocent !
purchaser for value from such pos
essof.
Commission Case Decided.
Justice Turner in an opinion re
erses and remands for trial the case
( A. A. Plotner VS. Chillson and Chel-
on an appeal from the district court
+ Canadian count.
The ldsintiff brought action to re-
over $7,500 alleged to have been paid
he defendants on commission for sell
X some lands in Texas for the plain
n. In the lower court Judgment was
sndered in favor of the plaintiff in
10 sum OF $2.95S.2O
The syllabus Of the opinion follows: h
T. Il is a condition precedent TO the I
ght of an agent to the compensation (
greed to be paid him that he shall I
ithfully performed the services 2
3 undertook to render and II he, a
hen employed TO buy. unknown to his a
'incipal, accepts compensation {
ON the vendor by dividing commits
on with his agent in the transaction .
cannot recover compensation
,reed TO be paid him by Ills princi-
q IN an action by exprincipal
.ainyt his agent TO recover, in part
certain commission alleged 10 have
.en enormously paid, whereupon an
icr the Counter-claim for the balance
said commission the original ac-