The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1908-07-14

TtN w ~ tN - - -e' ~ - -e' ~ ~ t
At its recent sitting many opinions
og Importance We're handed down by
the supreme court, In addition to the
syllabi already published IN the Lead
cr the following are syllabi Of mum
ber OF the opinions rendered.
Albert Hammeg VS. Fred S. Rogers.
ct al. syllabus Where the principal
object Of an action is the recovery OF
real properly. the party against whom
the Judgment is rendered, may &C any
time during the term at which the
Judgment is rendered have another
trial as a matter OF right. and this al.
though there IL Joined with such prln.
clpal object and rs incidental there
to. the cancellation Of The evidence of
title Of the adverse party in the ma
tuge or equitable relief Opinion by
Chief Justice williams.
Taomas Gibbons vs. Territory OF
Oklahoma syllabus The trial court
erred in instructing the jury, that.
by the term reasonable doubt. as
used in these Instructions is meant
a doubt that has a reason for It; IL Is
a doubt that you can give reason
for" and the same is cause for rever-
sal OF the judgment. Opinion by
Justice Turner.
State OF Oklahoma. ex rel, James
Stevenson VS.. r. Mcmillan. Judge,
and r. j. Austin, clerk. Syllabus: 1.
Where it appears to this court on
answer to the alternative writ that
prior to the admission of the state
into the Union relator was indicted
for murder and admitted to bail. that
since that time the order admitting
him to bail had been daily spread mp
on the record in the district court as
successor of the United States court
for tsc Southern district OF the indian
Territory. whore the Indictment was
fcamd aud also IN the district court
I'm the county to which said cause had
been transferred that a good and SUI.
lncient bond had been made and ten
dcred the clerk of the distrie. court
lwhere the cause was pending for his
approval which ne had refused to do.
that The Judge Of the district court
had also refused to approve said bond
and entar an order discharging rela-
tor from custody mandamus viii lie.
2. Mgndamus viii lie 60 compel the
performance Of an act which tae law
specially enioins as a duty resulting
from an office trust or station. Opln-
ion BY Justice Turner
j. Z. 1--we. sheriff of Kingfsher
county. 9, a. ss, John G. Hill. sylla-
bus: j. One Higby sold TO plaintiff
iin rror number OF hogs which were
at Higby's home several miles from
where the sale was made; H. execu.
ted a Bill of sale to plaintiff for the
hogs and the same was recorded; the
bill of sale provided that the hogs
should be neld by II untii plaintiff
ordered them delivered to certain
town within not TO exceed fifteen days
within the fifteen days and before the
hogs were delivered az said town and
before they had ever been seen by the
plaintiff they were levied upon by at
taching creditors OF H. Held, That
the sale was void under section 2775
of Wilson's Revised and Annotated
Statutes of Oklahoma as against the
attaching creditors on the ground
there was not an Immediate delivery
and actual and continued change OF
possession.
9. Banker Act July /, 1898. Chap
ter 5l1-57-f, 30 Stat. at Large. 565,
lpreYldes that attachments and other
Hens obtained against an insolvent
within four months prior to the filing
of petition in bankruptcy shall be void
in case he Is adjudged a bankrupt, and
the property affected by such attach
ment or lien shall be released and
shall pass 10 the trustee as part Of the
estate of tae bankrupt unless the court
shall order the lien to be preserved
tors Of an insolyent within four
months prior 10 his filing q voluntary
petition in bankruptcy attached GER
tain property that had Deen by him
sold but the sale under the law where
. the same was made was void as 10 at
/ taching creditors Held: That tae
attachment lien could be preserved
for the benefit of the bankrupt's es
i. tate, and that the trustee upon order
of thecourt In the bankruptcy pro
ceedings for the preservation OF suci
. lien became subrogatad to all the
rights of the attaching creditors there
under. Opinion by Justice Hayes.
n u Grimes vs.. M D. TAFT sylla
bus.
1. In IN action upon promis
sorry note by an endorcae against an
endorser the petition must allege no
tice of disn0nor by the maker or sucl
facts as excuse notice of dishonos
2. The insolvency OF the maker ol
promissory note is no excuse for the
failure OF lhe endorsee to gige notice
OF such dishonor to the endOs5er wher
notice OF dishOnor IS required
3. in an action by an endorset
: against an endorser OF promlssOrs
note when defendants answer, which
was not verified. contains a genera
denial OF an the allegations OF plain
uns petition, Held. That Wideg sec
ton 1912 Of Wilson's Revised and An