The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1909-01-13


that scetiun rs, Article ., oi the con
siitulion does not require Transports
tl0n aud transmission companies at
their osn expense 90 provide such
equal facllliIeg and conveniences be
tween parties, firms er corporations as
10 overcome or eQualizc dlsadyani.
ages caused hy dlssimlllar location"
Lower Court Affirmed.
Chief Justice a. y Williams. IN the
case Of +. G. STANDARD vs. Samuel
Sampson, ct aia affirmed the district
court Of Oklahoma county. The de.
PENDANTS In error were arrested on the
charge Of sllsposlng Of morlgaged prop
erty and the main defendant and wife
were thrown In jail, They wcse re-
leased from JAN on the stipulation that
the prosecution be dropped II they
would make a new mortgage The par.
ties refused pay the mortgage and
sgit was brought by the mortgagee 70
Iorecl0se the mortgage which was
held TO be ID IN the lower court.
which Judgment Is aiIlrmed by the Su.
preme court which lays down several
important rulings In cases OF such
nature.
Opinions by Justice Dunn.
III the case OF VIM r. Sinclair VS..
n. A. Bidwell ct al, an appeal from
Kingflsher county Justice Dunn eai
firms Judge G. Il, Irwin In not passing
upon O motion 10 suppress certain de
poslu MS where The record does not
SNOW that the motion WIS brought %
the attention Of the court aud upon
which nc. exception was taken.
The Judgment Of The district court
OF Lgau county Is modified by the
court in an opinion IN tho case ol
Aetna Bulfling and Loan company vs..
Dora Randell ct a.. by allowing che
Interest prayed for by TIE plaintiff
The case involves O usurioug contract
and TIE lower court decided the case
IN favcf Of the defendant without al
lowing the legal rate Of interest
Judge Dunn reverhcs Judge NJ. G
CARRIER IN the case Of the Arkansas
Building and Loan association vs. the
c G. Pottenger Drug company The
lower court held ihat the defendant n
error. plaintiff below. WIG vu,itled fo
recover amount paid n huilolng ap'l
loan stock upon the surrenderlng OF
of his certificate, whica is reversed.
The court dismissed the case Of 2
y. Ferguson vs. Union National bank
OF Columbus. Ohio, which was appeal
ed up grounds Of nreiudlclal errors
which are not pointed out IN The hrlel
of the appellant
In the case Of D. s. Wade vs. w. r
Cornish. ct al, an appeal from Cleye
land county. Judge irwin Is atilrme,
IN rendering Judgment IN favor Of the
defendants IN error The suit inyolY
ed the foreclosure Of q m rlgago.
Opinions BY Justice Kane.
Besides tlae opinion rendered IN Tho
Apache Milling 60. vase w. the RDrl
island Railroad company. Justice Kans
banded q wh three opinions. including
The ease cl the lioufd County Com
OF Garfield county W.. }, l.
Ronahaw ex-depuiy clerk Of Ga.ilelo
county whose claim for services wa
disalloUcd by the board. w
on appeal to tho district court iude
mont was rendered IN the tnll amount
which aeH The Supreme court al
firms.
ln the ease q the MHskagee Nrysta.
lco company vs Riley Brothers an az
peal from lInlicl states court sItllnl
Al Muskagee. Justice Kane atilruls The
decision Of the lower court ln render
ing Judgment IN favor Of tho defend
ant ia error. plaintiffs below, Or dam
ages amounting 10 $3.50 Tho damage
were awarded on the ground that mea
placed BY the petitioners In the Mus
kugee storage plant was spoiled
In the case OF the Western Invest
ment company gs Herhey A Mayberfy
an appeal from United States court
the Judgment [ the tria
court Ii favor Of defendant Ia errai