The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1908-11-13

not lie counted is one which bears an
Identification mark made by the yot-
er, or made with his coilnivance, con
sent OF knowledge and made for the
purpose OF distinguishing that ballot
from ne others cast.
Upon the questdos raised by Checo.
tah as to the legality Of l6i ballots
ast 70 the election which We're num-
bered upon the back the court holds
as follows as TO their validity:
"Be lots on whica enc ellUion Off
cials have placed numbers, ii other
v Sc valid. should be counted as cast
whore it is not shown that such NUM-
erng was done pn'or 10 the time OF
the canvass and with the c0nnivance,
consent or knowledge OF the electors,
or the purpose of iraudulcntly dis
lingui 5hing them.
5us4slns Lower Court.
Chef Justice r. l.. Williams, in an
)pni Il. affirms the decision of the
tral court in the case of Fred Holmes
VS.. t. r. Odfleld, a replevin aeti0n
yr9uglt 70 secure chattels in JUS
ice of the peace court of Oklahoma
lcrnty. which was appealed to the dis
trict court, where the cause was G.s-
missed for failure to comply with the
ules Of the court in not making de-
Josit for costs. The supreme court
avs down the following rule
The district court eolid impose.
rule requiring a party appealing
cause from the Justice court TO depos-
1t with the clerk OF the court thereof
the sum OF $40, or any sum, TO apply
on ccsts accru.ng in said court, condi-
toned that on failure Herewith the
court NAV dismiss the appeal, follow
ing she case OF Goodw.a AS. Bicktord
Probate Court Reversed.
Justice j. b. Turner feyerses the
decision OF the probate court OF Push
mataEa county.
In part in the case of c. Z.
Worthan VS.. Robert Johnson, ct a.
WOrthan, the plaintiff IN error was
appointed curator by order OF court
,f the estate of Robert Mary and En-
,rscn Young, ChNctaw Indian minors,
without notice being given A year
later the mother of the children, Who
lad remarked, filed a petition IN the
ourt asking that the order be set
aside appointing Worthan as curator
which was done. In the meantime
Norhan. as curator, had leased the
lands of the minors ard had acquired
some monies. The lower court then
ssued an order requiring the curator
, make an accounting to the court for
he moneys received ana to turn over
10 the court all moneys received, after
paying out Cenain acoOunts. The lai-
ter two orders the supreme court
lolds error. holding that the court was
without jurisdiction, but holds the set
tang aside of the order appointing
WOrthan as curator
Pledged Stock to Bank.
The Supreme court, IN an opinion
by Justice Turner, hold in the case OF
First National Bank OF Holdenville IS.
10. w. Kaiser, reversing the decision
OF the lower court holds that a father
lin-law could not expect 20 recover his
hoo head OF cattle in a replevin ac-
ltion which he had sent to his son-in-
llaw, Butler. In Oklahoma for pastur-
age frcm his home i'm Arkansas when
he had lgandod the cattle with the
brand OF his son-in-law, after sad s2n.
En-laN had mOitgsged the cattle 70 the
lbank witch advanced the money M
iecod fam believing that the catie
I he.lngCd 10 Butler. the sondn-law. "a
they bore his brand. In the lower
court Kasair was given the possession
Of the cattle, whioh the supreme cour
/ reyersCs.
Opinions by Hays.
Justice s. W. Hays handed dow
TWO opinions. on affirming the deei
sion OF the district court in kinglish
er courcy in the case of r. A. R.nale
where the only question OF eir1r fl.s
ed was that the judgment Of the lower