The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1908-12-21
BIC BATCH
OF OPINIONS
RENDERED
SUPREME COURT HANDS
DOWN DECISIONS IN
IS CASES

The Supreme court met in special
session this morning and in addition
to passing upon numerous motions
handed down fifteen opinions-fiye by
Justice Turner three each by Caief
Justice Williams and Justice Dunn
and two each D. Justices Hays and
Kane.
Opinions by Turner.
case OF First National Bank Of
n. ION vs. Minnie Wald-rff, from
Pawnee county. where defendant IN err.
ror received Judgment ON conversion
OF real property. the lower court Is
! sustained.
1 In case Of NJ Cease VS.. Abraham
Cease, from the T. S. Court at Mus
kogee, the appeal Is dismissed as case.
made was NJ properly filed
II Justice Turner reversed and re-
mands the case of T. NJ Boulson VS..
G. w Parsons. which involves the re-
coyery Of certain tenement The lorer
court overruled motion for per
emptory instruct ms to the jury, which
Is assigned as error.
Betause no exceptions was taken by
the attorneys to the District Judge Of
Oklahoma county overruling a motion
for a new trial the appeal in the case
of John s. Alexander VS.. Oklahoma
City was dismissed IN an opinion by
Judge Turner although the record dis
closes plenty of errors on which the
cause could be reversed. The case
was a damage suit for tae backing of
water upon the plaintiffs property
caused by a dam built by the city n
the South Canadian river.
The trial court Is without Jurisdiction
to issue. an order for guardian to turn
over certain moneys to the court when
j en- accounting was made by the guard
ian regularly, Is the holding of the
court in the case OF $. l.. Berger. guard
ian, vs. Morgan Burger an appeal from
the U. S. court at Ada.
Opinion BY Nays.
In the divorce case Of Charles l.
Ecker VS.. Bell Ecker, an appeal from
Indian Territory, the order OF the trial
c urt in setting aside as alimoDy half
of the property OF the plaintiff I'm error
in favor OF the wife against whom a
decree OF divorce was granted Is re-
yersed in en- opinion by Justice Hays
n Kidding Il to be contrary TO the Arkan
sas statute formerly IN effect in the
Indian Territory and at the time the
divorce was granted.
Opinion ey Kane.
Justice NJ j. Kane, in the case of
II Henry J., Gibson. bankrupt. VS.. r. c.
! F.emminE. an appeal from L. $. court
at Pnuls valley reyerses and remande
the cause for a new trial. the court
holding tlat referee in bankruptcy is
without jurisdiction In issuing an or
der mpelling a bankrupt to turn
over certain funds over the protest and
objection OF the respondent who de-
olares that he has no such funds.
Opinions BY Dunn.
Justice J. J. Dunn In the case Of Me
Williams Investment company vs.. A.
"A. Livingston, an appeal from T. s,
court at Muskogee, in a suit growing
out Of a controversy or title TO the al
lotmeni OF Creek citizen reyerses the
trial court.
In cases Nos 459 and 400, which IN,
yolve the same questions as was raised
In the case Of Oklahoma, ex RET c5ar.es
West, VS. F. Ledbetter Justice Dunn
handed wn the a decision complying
with the Ledbetter cags, holding the
I
In an opinion Justice Dunn denies q
motion for a rehearlng in the case oil
Charles 7. Derr vs.. }. T. Fisher an ap
peal from Potiawatomle unity involv
ing paving ooHtracts 10 Shawnee.
Opinions 5y Williams.
In the manaamus case Of Fred $
Caldwell. representing State Agency
system, vs. Edward Oldaeld, justice Of
lpaace Ia Oklahoma county, Chief Jus
tlce r. t. Williams denies the writ
lnolding that undes the prohibitory
law whore property was seized The do
PENDANTS had the right Of change =
venue
The case OF Edward Strain ys. John
Christen ct al. an appeal from Pawnee
county Is dismissed for failure TO com
II ply with the roles OF court.
In the case of Samuel Sheltry VS.
George Seigler an appeal from Kay
county. the trial c urt Is affirmed. The
, Hover court held that after a home
stead had been proven up Il was not
exempt from execution under the cir
cumstaBces I'm the case.
The Supreme court oYerrlled the
general demurrers filed IN Inc coun
+ ty scat contest case of Seminole and
Z Wewoka, ana Bristow and sapulpa
4 Motionc.
Kahn VS. Bledsoe. motion foI
4 rehearlng denied
4 Alsman et al VS. Oklahoma City, re-
q covery of saloon license money iron
q city second application for a re'hear
4 ing stricken from the hies.
4 Porter vs.. Mplen, appeal dismlssed
McComb vs.. Homesteaders. motiof
y to aaNipee eResf spstsinee8 aafl
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