The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1910-09-26
RECENT DECISIONS
IN SUPREME COURT

--s.-f.-.ass~.-
III Tho Supreme curt OF the State
OF Oklahoma
.By Hayes, J.
jamfs II Jones, Plaintiff " Error
VS..
Halsley 4 Rogers, Et All. Defendants
in Error
Syllabus
|. An application for cNange ot
venue under section 1856, Ind. Ter
Statutes tsec G47a Mansf nig) upon
the ground that d fair and impartial
trial cannot he had h ause Of the
nrdue Influence Of appllcsnts advcr-
Ifary, made before the issuiS are made
np is premature,
2 An action was brought In one nf
the United States courts Of tho III.
dian Territory before the admission
Of the state on the law docket for b
foreclosure Of a mechanics or mater
Iial mans lien. Upon motion Of de-
PENDANT, over objections Of plaintiff,
the cause was transferred to the
equity docket Thereafter. upon
agreement OF plaintiff and defend
ant made In opcn court, the cause
was referred to the master to make
findings ana report upon an ques4
tons both Of law and fact. HELD,
That by such agreement plaintf
waived any right he may lave had
10 trial by jury. and his objection
70 the transfer OF the cnso 10 the
equity docket
3. Plaintiff alleged IN Ills patlton
4 cause o. action against the con.
tractors, emitting him 10 a iuhgnnnt
upon their account 10 mdfIaa fu'.
ln'shed, and FOR. TO dagpe llrptlos
Ing his Hen against IA buildings )f
the owners. He also enlc1vored u
agege and recover on I, eon;ract he.
tween hi mand the cWAers OF tho
buildings agreed that thes would pay
The account OF the ccntAcfns .a'
the material furnished HELD. rlilt
there was 4 nlsioner " Auses cf
action, ana tile court did nos err ~
sustaining d motion 70 strike out
that part Of the peitlan when snugl !
TO Recover persanal judgement aBaiusi
lhe owner OF the buildings
4. The furnishing Of miseeial sf0i
uitously to take the place Of defective
ImatcriM, Heretofore furnished and
Charged. does not operate 80 cx;uVl
Ilge statutory period Of sIxfy days
from tie time the material shlll hay.s
bent furnished or the labor perform
I'd within which a HuD-eputHsiot
shall file his claim of lien as preria
ed IN Section 2S7o Of Ind Ter star
uies fsec 4i12. Mansf Dig
Error From The oistric Court Of
Johnson county.
A. r. West. Trial Judge.
Affirmed
Arnote & Monk, Aitorne1s for The
palntIn III Error
cottingham & ri zoe. AitonipyA
to- Defendants IN Error,
No. 52S
| Fidelity Mutual Life InanraEca conl-
pany, Plaintiii In Erro
VS..
&. L. stegall, e al, Defendants In Er
lier.
Syllabus
l. In an action brohfli. in Gpe OF
the United States commissioners
courts OF tht Indian rs.tl'otv % re.
cover from a surety 'or .he lefault
Of thep riniipal, tta amount >. Jam,
ages or debt claimed and not the pom.
atty named In the bond determines
the amount In cont 'ovafsy ara The
Jurisdiction of the cCurt
2. A bond executed by one person
as principal and others us suretles.
conditional that tho principal who
has been appointc AZ agen, Of the
obligee shall well truly an,l promptly
pay the obligee NY lid all monsys
which may come fn.l lls nls AZ Is
agent, and shall keep oil agreements
comprised In any and l,l contracts
heretofore or Thereafter ;sade De-
tween the obliges ami The principal
binds the sureties ns aiife,its dht
rot as gasrantors. ana no ne;ico OF
the obligce's nccc cifaor' o, 'hs bona
Ia required.
3. IL is only when the evidence
With all tho differences the Jury could
IustInablY draw from II will De IN.
sufficient to support verdict for
plaintiff. II verdict ia his favor Is
returned. that the court Is aulhorIz
ed 20 direct verdict Tor defendant
aud unless the conclusion follows as
matter oil Inv that no recovery can
b. lad upon any view attends 10 es.
thblish. the case SHOULD be left 70
the jury under proper instructions.
Error from the District Court or
Pittaburo County
Preslie n Cole, Trial Judgt
Reversed and RemandeI
A. c. MaFkley. Attorney for Plain.
tin In Error.