The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1908-06-22
srArgHoop chANees
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the Arkansas Valley & Western Rail
road Co. against the Farmers ani
Merchants bank. The case came up
from Noble county. The syllabus
states:
"A note or contract executed by q
bank. originating and existing under
and by viitue OF the laws Of the Terri.
tory cf Oklahoma, as q subscription TO
secure the construction and operation
OF a railway. is Ultra wires and void,
and the courts viii not enforce H."
The case OF the Peoples National
hank. of Kingfisher. against u. Wheal-
er, wis reversed and remanded. Jug-
tice Kane was disqualified he having
been an attorney in the case. The
syliqbss says.
"Iu case where without considera-
tion bank receives from a money
lender 4 sum to he delivered to one OF
his customers on a check drawn by
such customer and the bank pays the
money on a check received in the due
course Of business at the time and
under the circumstances previously
agreed on, the fact that such check
Is a fot gerry will not render such bank
liable fpr the amount of the same. In
such case the bank being a bailec
without hire, performing a service for
the benefit of the bailor, would not be
liable when good and faithful ordinary
ldilience was exercised by it,
/ BY Chief Justice Williams.
Two cases were decided In opinions
by Chief Justice Williams, Albert
Hammer against Fred S. Rogers. CT
al, from Garfield county, was sent
back for a new trial
A case relating to the compensation
OF Judges of the county courts came
up from Craig county. Il is the Stale
of Oklahoma. ex rel, ED II. Brady,
] against Theo, ID. b. Frear county
4 Judge Of Craig county. The opinion
states that the compensation of county
Judges in counties having = rGaula-
tion OF under 200 Is covered by
Sec 1, Art "a OF the Session laws Of
1903. II permits such judges to retain
a certain salary out of the fees col
Ilected by them, the amount being
81 600. The case was an attempt 10
secure writ Of mandamus In the col
lection of the fees and the peremptory
writ was ordered In the opinion hand
ed down today.
Opinions by Justice Turner.
| An OIlElnHl Dl0N1tNAnE ~ httA'fe'N
lmus was that OF the State eX rel James
Stevenson. versus Judge X. McMulln
land T. J. Austin, clerk II seems that
Isteyenson had bee indicted for a mur-
der under the federal laws. He was
admitted 10 bail in an Indian Terri
tory court In the sum Of $4,000. After
the coming of statehood the state
court refused to admit him to bail and
he was committed to jail. lie then
sought release under the writ OF ha,
beas corpus In Justice Turner
. loninion a mandamus is ordered requir.
, ling Clerk Austin to accept bail In the
sum of 5000 and Judge Mcmillan is
/ required to make an order discharging
, from custody.
Chief Justice Williams took a differ
/ ent position and wrote a dissenting
opinion,
I A murder case from Caddo county
was reversed and a new trial granted
this opinion also being written by Ins
tice Turner II Is the case OF Theo
dore Gibbons who had been given y
life sentence for beng party to inc
killing OF r. G. Renfro.
Decided by Justice Hayes.
Two cases from Kingfisher county
were settled I'm opinions handed down
by Justice Hayes. one Is the case O
~. p. Love, as sheriff, against J. G.
Hin. At Is known locally as ths
Squire Highly hog case" Highly had
taken advantage of the bankrupt law
and twenty-one head OF his hogs were
sold about that time, legal complicA
tions resulting The case was reversed
and remanded.
The same order was made In the
case of r. H. Grimes against NJ o.
TAFT. suit involving certain promis
sorry notes
In addition to handing down these
opininns several cases were today sub
mitied on brief.