The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1908-02-18
MGlNLEY APPEAL
IS SUSTAINED

would be paid his beneAciarics IL he
did not die before 1914 and " he
died before that time the beneficiary
would only receive $1064S5.
The plaintiffs husband died IN i9di
and she brought suit against the com
phny Tor the dul amount Of the
policp
The syilabas Of the court is as fol
lows
j. Where the bill OF exceptions fails
tc show the grounds Of an objections
to testimony, this court. on appeal
cannot review the ruling thereon.
o Letters rorming part Of the
transaction are admissible In evidence
as part Of the res gestae.
g. When the plafniiff. the widow Of
the insured introduces evidence tend
ing to show prima facie thar the IN
stared made application for a $4,000
STANDARD Life Insurance Policy and
that such a policy was issued and de-
livered to the insured. and rests her
case upon this prima facie showing;
and that the defendant introduces
conslgsive proof THAI the policy ac-
tuallv ISSUED was not a standard poll
| icy. but what "a known as Sub
standard policy differing in many
| important particulars from that call.
ed for by the application, It is not
error for the court below to direct
the jury to return a verdict for tho
! defendant
Remanded for New Trial.
In the case Of j d, Cale vs. the Nj.
Il y .'t q
district court OF Oklahoma county,
which involves the question OF wheth-
er the plaintiff can recover from the
defendant for damages by an over
flow the desision OF the lower court
was averred an dthe cause remanded
for q new trial
The syllabus follows
l. Where water flows from the
lands drained by a water course. into
the water course. and the water
course becomes obstrncted by reason
Of a railway company constructing its
roadbed and changing the channel OF
the water course In such a way that
at times of ordinary freshets the
water thus obstpacted accumulates
! ntil IL exceeds the banks CT the wat
ef course and spreads ont over the
low lands adjacent 70 the water
course the water thus accumulated
+ Is not surface water If the water
illus obstucted and cumHlated
breaks the bounds that contine It aud
flows on or across the lands of a low
On riparian owner IN greater volume
with more violence or by a different
course or manner than 1t would u
permitted Ia flow TO him in it's natural
i state. and he is thereby, injured, the
railway company Is liable in damage
fol the detrInent thus caused
q When there is evidence intro
duced at the trial OF a cause reasona
bly, tending TO establish the allega
tions OF plaintiffs petition, II Is error
for the curt TO sustain a demurrer
10 aleh evidence and render judgment
In favor OF the defendant.
Appeal Dismissed.
In the following ruling the supreme
court dismissed the appeal In tho le
gal tangle between former county
caicials OF Noble county, in which w
A. Harper ct al and the board ol couh
ty commissioners were plaintiffs anf
! any AttorneyC r. shrdm toCshrcmiN
Cocnty Attorney c. x. Rostick was De
ferdant i'm am Injunction to restrain
the board from levying an assess
ment against certain property In the
, civ Of Perry. The supreme cour
viii not decide abstra,t or hypothetl
cal cases disconnected from the grant
. ipe of actnai relief or from the de
I examinations OF which no practca
, result can follow
/. The oninicn was rendered by AS
s.stant Justice j } Dunn
E Old Case Disposed OF.
; one cf the OLDEST cases on the DOCK
+ ct i'm the Oklahoma courts was dls
J posed of today in an opinion by As
sociate Justice Dunn when he anirm
ed tbe decision Of the lower court II
4 tbe case of John - Brooks, SeymoF
Price. ct al VS. J. a. Garner ct az
? which involved the patent or TILE q
!, business lot in Oklahoma Ciiy
which dates back from April 2S, 1889
! the dav after the opening. Ihe syiia
hrs of the opinion Is as follows
Neither the commissioner oi th'
, General land office, nov the secretary
If tbe interior can entertain an appea
!. s,om "a he ision OF a boafg OF town
site trustees appointed in pursuance
/. ~ an act OF congress approve
I Nav a. 1890. (26 Statutes, lOS) aite
/ 4 deed 10 a town lot has been mao
! and delivered. notwithstanding an az
neal was pending at the time oi snol
+ issuances and delivery The lnu,
? tiens and jurisdiction OF mat eepai
S ment necessarally close when ln
title has passed from the govern
: ment ., ..,,.,
Z one who secures title 70 proper
p "a from a unsiee. which under ih
! tlrms of the trust shogld properly 3
to another viii be deemed by fonf
M eonity 10 hold the same as trustee
for the benefit ~ the cne entitie'
I, hereto. Equity win aot permit Up
: aims ana purposes cf o trust 20 ~
violated and those who partieipal,,
/ therein 10 be gamers thereby. pui wy
. invest the trust property IA inel
/. hands with the same character INA
! Il possessel in The hands OF IN
4 trustee. ,... 80
( The issuance and delivery Oh
/. aeed tc lot by board OF TOWNSHIP
4 d, stees appoinied IN pursuance 20 ~
s m congress May IA. 1890. renders in'