The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1909-09-14

GUTE
II Charles II. Williams vs.. Lewis
Pauline et al. on the ground all the
parties interested in the suit were
not made parties within the time al
lowed By law
In the cause of HagaF John. guard
ian. vs.. Lewis Pauline. ChOctaw In
Festment Co. ct al. the same order
was made
Opinions by Justice Williams.
In reve4 sing and remanding the
cause of Walter Crump Us. A. J
Pitchford 10 the county court of Craig
county, Justice Williams holds that
the countg courts Of the state had
no jurisdiction in forcible entry and
detainer suits before statehood.
Justice Williams affirms the deci-
sion of District Judge Praslie b. Cole
in the litigation between the city OF
Hartshorn VS. the City of Haileyville.
The suit involved the detaching from
the original limits of the incorporat-
ed towns OF HartshOrn which was
laid out under the Curtis bill, that
portion not included in the townsite
limits
In reversing and remanding the
cause Of o. r. Melton VS.. A. Snow
to the district court of Greer county,
Justice Williams holds that a party
is entitled to recover in the courts
for interest charged over y per
cent.
Jay Wins First Round.
The town Of Jay located in the
foothills of Delaware county, which
won out in the election for the reloca
ton of the county seat won two
points in the supreme court this
morning in the contest case OF Grove
VS. G. \. Haskell, ct al. Justice
Dunn handed down an opinion in
favor of the Jay supporters that the
petition for issuance of a proclama-
tiOn by the governor for the calling
of an election for relocation Of the
county seat did not necessarily have
to contain the names Of the towns
TO be voted upon The court also
holds that although the notices We're
NOT properly posted in the county, as
provided by law, the election was
legal in that respect because all The
voters had knowledge of and partic-
ipated i'm the election
The Grove supporters maintained
that there was not such a place as
Jay. but the court held to the con
trary and that the location was well
known over the county, several public
picnics having been held on the
townsite which had been plated but
a short time prior to the election. The
court held that there was conflicting
testimony as TO whether the sup
porters of Jay had offered a court
house site for the location Of the
county and whether they had bribed
the election officers by giving them
deeds to lots The conrt grants to
the Jay supporters the privilege OF
referring this question to a referee
for findings if they so desire.
Reversed and Remanded.
Justice Dunn reverses and remands
tC The district court of Haskell coun-
~ the election contest case Of 7. f.
Potts vs. Robert FulsOm The liti
gants are both Democrats and We're
candidates for election as constable
i'm an outlying township where two
We're to be elected. The record dis
closes that the vote resulted in a tie
vote end that the election board in
settling the contest, recanyassed the
vote. only counted the votes for eth.
er party where the voter had stamp
ed his name and did not count the
straight vote for either party This
the court holds to be error.
Quo Warranto Action Dismissed.
Justice Dunn dismisses the quo
warranto action brought by Attorney
General Charles West against T c.
Cobb, county Judge of Seminole
county, charging him with malfeas
ance in office in connection with some
Indian land cases The court claims
to have jurisdiction in such causes
but owing to the fact that there is
conflict in the testimony as to the
truth of the charges the court dis
misses the cause, following decisions
of the territorial supreme court, hold
ing that Judge Cobb is entitled to q
trial by jury on the charges, which
could not be given him in the su-
preme court.
Divorce Case Dismissed.
The divorce cause of David Grun-
waldt VS. Eva Grunwaldt an appeal
from the district court Of Muskogee
eountg is dismissed, not being prop
erly brought before the court, in an
| opinion by Justice Dunn
Following the rule laid down by the
court in the case of Byars VS.. Spaulds
the court dismisses the causes Of J.
NJ Maddle VS. r. c. Beyans, on ap-
peal from Garvin county, and the
cause of W. l.. Moody VS.. +. l..
Williams. an appeal from Love coun-
ty in opinions rendered by Justice
Dunn.
Opinions by Chief Justice Kane.
In reversing and remanding the
cause OF J II Clark VS.. the Frisco
railroad to the district court of Co
manehe county, Chief Justice Kane
holds that whether a party injured
in 4 railroad accident was guilty Of
negligence or not was a question for
the jury to decide. Judge Gillette
in the lower court took the case awa}
from the jury, holding that the de
fendant was injured through his own
negligence
In affirming the cause of Guy Bow
man. j. W Wilson et al. VS.. J. c..
Bilbv error from the county court al