The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1909-05-12

IRON Comanche county, Is reversed
and remanded for a new tilal
Logan County Case Modified.
The Cuu.t modlnes the $3.50 indg.
ment renCered by the Logan county
district court In the case OF C. r.
Castanian and r. A. Castanian vs Choc-
taw 0Flahoma and Gulf Railroad com
pnay for damages sustained by rea.
son of toe Fifth street ditch being
constructed on his property on Villas
avenue. N the lower court judgment
was en'eted for $3.50 for damages TO
plaintiffs tor obstructlng the roadway
ln f:ont and the rear OF his property.
The court holds that the obstruction
OF the ailey on the plaintiffs property
was the result Of consequential IN.
jury but that no recovery could be
secured by the plalntitfs and ordered
the judgment modified to $3.50.
kin1fisher Error.
The district court OF KIngnsher
county Is reversed IN the case OF 70. n.
Gore vs Delmare A. Smith Suit IN.
yolved title to land. The cause Is re.
yersed upon faulty service In pro.
eeedings 70 foreclose mortgage.
Reversed Deeiolon.
In the case OF G G.. gones VS. J. II.
Wheeler appeal from Oklahoma coun.
ly y judi ment entered by trial court
against Jones In sum Of s769 was re.
versed. Question OF ownership Of n
nOie wds involved
He May Sell.
IN the tiYorce case Of Maude p. Hug.
gins vs. Edward T.. hlugglns an appeal
from Oklahoma county, the temporary
restraining order issued by The trial
court restraining Edward i. Hugglns
from ael'ng homestead Is reversed
by Judge Turner
Commission Not Earned.
IN the case OF A. l.. Birch VS. George
NJ Mckrareht, an appeal from King.
Usher county Ii reversed and tho
cause discussed, The lower court on.
tered Judgment for MeKnanglht gnrmef
real estate man Of KlngHaher who has
been convicted on the charge of man.
NJ 'ughicr and sentenced 10 life i'm
prlsonment, In the sum of si6O for
selling farm The court upon re-
view haids that the commission was
not carnet by McNnaught.
Was FeD saew.
becap4e Die appeal In the ease 0i
w 3. PFnnsnlRn vs. D. j. Engles was
not pkem Wlihln a year the cause ls
reversed hWJudep Turner
Personal Property
ln the eluse Of II NJ Ilartshorn 81
~ A. liFles. an appeal from probate
court OF Kay county the court III re-
vefslng ille judgment Of the trial court
holds that matured crops gngathoreg
aie personal property as long as g.
st'nds ln ehe fields.
Two Were Dismissed
The motion to dismiss appeal was
sustained In case Of Major Mobrey vs.
Nora Roihan appeal from u. s. court
az Muskasee. Only questions of prac
tice were involved Same order was
m de 10 cause of j A. Friend VS.
Nora B. Roth. and Nora b. Roth VS. J..
a. Frlead. which are appeals from ths
y, 8 Federal court al MuskOgee
ksy couu Sustained.
Justice Hays sustains The district
conN ot Kay county IN case Of Roy
Hill VS. John Reed
He Sustained Both.
The motion aed to dismiss the cause
Of the Springfield Fire and Maine
Insurance company VS. Glsh Brook
company Is sustained In an opinion by
du1ge Fl iyB In the case Of Insurance
company Of North America VS. Glsh
Brook c0mpany IN which the same Is
sues ere saised the same order was
made
No Relief Possible.
The NJ tndamus case Of T. w Miller
Of Muskoeee against J e. Wyand. ask.
lng 70 be placed upon the ticket as
Independent candidate for councilman
was dismissed by the couf. a. no prac.
tical relief could now be had by the
parties the election having been held.
Hayes Affirmed
Cause Of Felix Rynack vs. Wiley p.
Seawe an appeal from klowa county
Il affirmed In an opinion By Justice
Hayes.
Fsiled to File.
For iallure 10 lile the ca9ae properly
the case Of Robert Kelley VS. Sarah
McComas an appeal from the q. s.
court a, Muskogee Is dismissed
ksne Dlasenteu.
The Loldlng Of the United States
court al pawhuska, IN the case Of DO
Nova IS the hin Investment com.
pany, that the court had jurisdiction
IN Indian trade matters between nom.
hers Of lie Usage tribe, Is sustained IN
IN oplutn by Justice Hays and ls
ccucurred In by the other Justices save
Chief Justice karc. who dlssents.
Williams Affirmed,
The llagmenplFendered by The 9i~
trlct court OF Kay county IN the case
of seed compqny VI the Border
Qnepn Mill and Elevator company Is
cfirmed- IN an apinion by Judge VII.
hams,
The iudgmanB hNuBerad Ii the DIS.
irlph coWa Of IRawnee county against
The Minnetonka on compang N faypr
Of the Cleveland Brick cqm9anN Is A..
Can Not Remove.
justice Williams, h the cause Of
the State Of Oklahoma, ex.rel. K. C
Lee W gse0rwa "A CLANCY et NJ, holds
that The tstv council uf MeAlester was
without authority aud without lullgdic
tion ia pxpelllng from office city H1rl
shal n. :. Lee on McAlester. The court
m thls case reversed Q former ruling
nf the Territory supreme court In the
case Of Ehrlsty w City Of kingasher
Tha nnnrl nnIninlnA Thai The Officers