The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1908-04-14

murfes to The evidence the court can
not weigh conflicting evidence but
will treat the evidence as Withdrawn
which Is most favorable to the de
murrer.
Liquor Case Dismissed.
The liquor license ease Of BmkhoIt-
er VS. l.. H. Smith which Is an appeal
from the district court Of Caddo coun.
ty was dismissed by the court. under
the following ruling;
"The supreme court will not decide
abstract or hypothetical cases discon.
nected from the granting OF actual re-
lief on the determination OF which no
practical result can follow
The defendant ia 1908, made appli-
cation fDr a liquor license to the board
of county commissioners TO sell liquors
In the town OF Nerden and the plain
tiff and fifty other citizens of Nerden
filled remonstranee. The county
commissioners upon a hearing granted
the license from which decision the
case was appealed to the district court.
which held with the county commits
sioners. and from this decision an APP
peal was taken to the supreme court
Railroad Case Affirmed.
A ease that was affirmed was that
of the NJ. X & II. Ry Vs. Walter
Shepard. coming up from McAiester.
| In this case Shepard sued the corr
pany for killing q horse OF his He
secured Judgment in the lower courts
and the company appealed.
The syllabus of the opinion follows.
I l. Negligence Question for 5urv--
In case involving the question of ncgh-
gence, the rule is now settled that
when a given state of facts is such
that reasonable men may fairly differ
upon the question as 10 whether there
was negligence or not the determines
tion Of the matter is for the Jury II
is only where she facts arc such that
all reasonable men must draw the
same conclusion from them that the
question of negligence Is ever consid-
erred one Of the law Tor the court
2 Duty Railroad Company
struction--U Under the laws In force i'm
I THAT portion of the state known as
/ Indian Territory prior to It's admits.
sion as state an instruction in ref.
erence to the duty OF railroads to.
ward stock that the company is re-
quired to keep a lookout for stock, and
/ If they keep a proper lookout for stock
and are not able TO discover il In
4 time to stop their train, they are NOT
Irresponsible Is not erroneous.
Litigation Over Corn.
/ Another case handled by Judge
Dunn is chat Of Grant and Hudson VS..
/ Milan, from Pawnee county, in which
the decision of the lowe, court was af.
lfirmed This case involved the price
lpaid for corn to the amount Of several
thousand bushels.
The syllabus of the opinion follows:
! L. Statute OF Frauds-Receipt OF
Goods Under the fourth subdivision
of paragraph 7s0 Wilson's Statutes of
Oklahoma, a contract for the sale for
the land and purchase OF a quality OF
corn OF a value not less than fifty
dollars, of which no note or memo
randum is made in writing Is not en-
foroable; and the vendee cannot be re.
quired to pay for any OF such corn de
liyered except such as he accepts u
receives.
. Evidence ~ Conflict - where
there is a direct conflict In the eyi
dence presented and the trial court
fairly submits the issue raised by the
pleadings and the theories advanced
by the parties in it's instruction to the
jury, and there is any competent evi
dence TO sustain the verdict, appellate
courts will not weigh the same and
reverse the Judgment as the jury q
the proper party TO determine sucl
disputed facts.
3. lnstructions--Co Construed Togeth
er-It Is not required that the entire
law of the case shall be stated in 9
single instruction, and Il U.s. therefore
not improper TO state the law as ap
lplcable to particular questions. ol
particular parts of the case IN separate
instructions and II there iG no coEflicI
In the law as stated in different IN
structions, and all the instructions
considered as a serious present IN,
law applicable to the case fully anC
accurately, IL is sufficient.
4 Pleadings- Evidence Where II
a case the petition alleges the sale
purchase, delivery and receipt OF I
qualiiy Of corn and the answer is
general denial. It Is not error to ex
cnde evidence of the inferior qualit'
OF some of the corn delivered and re
ceived.
Opinions by Justice Hays.
Garfield county case is that O
Maggert versus Keele a suit 10 reta'
costs in a law suit The distric
court had dismissed the appea
of the plaintiff, and Justice Hays
opinion affirms the lower court.
The syllabus OF the opinion follows
1. An order of justice OF tn
) peace sustaining a motion TO retaX j
not a final Judgment from which al
= appeal may be taken and a trial d
CONTINUED ON page a