The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1908-04-14
I ~ Supreme Court Decisions ~


ent good order" the burden OF proof
was on IL to rebut such prima facie
presumption OF delivery in good order,
or to show that the alleged damage or
loss occurred before it reached les
fine.
A suit in Replevln.
Another case affirmed was the
United States Fidelity a Guaranty co.
versus John c. Shirk and Martha
Goodwin, a case from Vinita. It re
lates to a repleyir suit. The opinion
was written by Justice Kane.
The syllabus Of the opinion follows:
/. One who by his conduct has lead
an innocent party TO rely upon the
appearance OF anotheg's authority TO
act for him, Will not be heard 10 deny
I the agency to that party's prejudice.
! 2. One who voluntarily accepts the
proceeds of an act done by some as
suming, though without authority. TO
be his agent. ratifies the act and takes
il as his own with all IT'S burdens as
well as q its benefits
3. The law imputes the principal.
and charges him with all notice or
knowledge relating 10 the subject mat
tier of the agency which the agent ao-
quires or batins while acting as such
agent and within the scope of his
lauthority, or ~ihch he may previously
have acquired so recently as to reason
ably warrant the assumption that he
still retained It.
Another opinion rendered by JUS
ltice Kane was in the case of II. w.
Freeman VS.. the Board of Medical
Examiners from the Southern district
lof Indian Territory
The syllabus of the opinion follows
The supreme court will not decide
labstract or hypothetical cases discOn-
nected from the granting of actual
Irelief or from the determination of
which no practicable relief can fol.
low
Freeman was hailed before the board
to show cause why his license to prae.
tice medivine should not be revoked.
He was unable 10 show the board and
they revoked his license. Court pro.
lceedings resulted Judge Kane holds
that no relief can be given by the su
lpreme court for the reason that the
board was terminated on the coming
OF statehood The case was dis
missed without prejudice"
A Case From Pauls Valley.
Two other opinions were handed
down by Justice Kane Yesterday. In
u the case OF Wetteunark VS. RoaTk, the
Judgment of the lower court was af
firmed. This case is Paul's Valley
controversy regarding personal prop
erty.
The syllabus of the opinion follows.
In an appeal from an inferior court
to the circuit court it is the duty OF
the appellant to see that the transcriIl
is filed as required and if he fails "a
do so, the circuit court may in its
discretion, dismiss or affirm for fail
ure to prosecute the appeal
To Foreeiose Mechanics Lien.
The case of A. o. Campbell and
Emily Culbertson VS.. N. $ Sherman Is
an Oklahoma county suit on an ac
count and to foreclose a mechanics
lien The Judgment OF the lower couri
was modified and costs taxed to tho
defendant
The syllabus of the opinion follows;
/. Where a cause Is referred 10 q
referee to find the facts and conclu
sions of law 20 the court, and no bill
of exceptions Is allowed and signed by
the referee, preserving the evidence
this court cannot consider the ques
tion of the sufficiency of the eyideno,
TO support the findings of the referee
>. Where the findings OF a refere,
are substantially predicted upon IA,
Issues joined by the pleadings, Il mus
be presumed by this court in the alb
sence of the evidence from the record
that there was sufficient testimony in
troduced at the trial to warrant {
finding.
ziska Versus ziska.
Justice Dunn handed down fOu
opinions. of which the most importan
perhaps is the case Of Ziska ys. ziska
from the district court Of Canadian
county This is a case arising out o
, o divorce suit. Katherine Ziska sc
cured divorce and sl,700 alimony il
a Nebraska court in 1903 The mex
year she instituted suit on the jude
/, ment in the district court OF Canadian
lcounty, suing out an attachment ol
land belonging to Frank Ziska. Sh
secured a Judgment Of 81 S34, and m
land was ordered sold. lislSa had abar
doned his wife and decided the lam
|. to his brother, with the purpose II
: alleged, of defrauding Mrs. ZisSa on
. of the amount for which she had Sc
cured judgment I'm the courts. A par
loi her paternal estate had been use
! to pay for the land. The title becan
!, involved and further complication
arose from the claim Of fraud.
The opinion is quite a long one. an
the Judgment of the lower court is r.
= versed.
= The syllabus of the opinion follows
/. 4. Fraudulent Conyeyances Sta
ute of Limitations-ln the absence
laches, In obtaining judgment. a su
10 SET aside a conveyance as fraud
y lent begun within two years after r.
~ coyery of such judgment rs not barre
= by virtue of paragraph 42l6, Wilson
Statutes OF Oklahoma, which provide
\ that actions for relief on the grOut
Of fraud can only BE- brought with
) the two years after the discovery. an
this. notwithstanding the fact that a
conveyance in question was ma,
more than two wears prior TO the
qfffuffau Of qtfh euff D!ainfffi