The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1910-01-11
FIFTY NINE
CASES ARE
PASSED ON
SUPREME COURT MAKES
BUSY START ON JANU-
AIRY TERM
MORE THAN 100 CASES
DOCkETEO FOR ARGUMENT
Session COnvenes with Chief
Justice Kane Presiding, all
Associate Justices Present

The supreme couh convened at 10
o'clock this morning for the January
Term with Chief Justice Kane presd-
ing, and all the associate justices
sitting, with large number OF law
yers in attendance, there being over
100 eases docketed for argument and
submission during the term.
Flftynine decisions were handed
down, Justice j j. Dunn taking the
lead with eighteen, Justice Turner
second with twelve. Chief Justice
Kane and Justice Hayes next with
sleven each and Justice Williams
seven.
Opinions by Turner.
The district court Of Garfield coun.
Iy Is affirmed in ordering The abate-
ment Of dam causing overflow of
water from Elm creek In the cause
Of A. ] Murray vs.. A. p. Snoder
The Judgment rendered in the dis
trict court OF Roger Mills county
against the Oklahoma Farmers Mu-
tual Insurance company in favor of
7. i. Smith whose horse which was
blown off a precipice and killed dur
ing severe wind storm was affirmed.
The cause OF American National
bank Of McAlester et al. vs.. the Mer-
canthaler Linotype company. appeal
from the district court Of Pltisbnrg
county was dismissed for mlsloinder
of parties.
Spaulding Manufacturing company
vs.. Dill, appeal from district court OF
Pontotoc county; same order.
In an Important decision on con
struction Of an insurance policy Jus.
tice Turner aflirms the district court
of Oklahoma county in rendering
Judgment against The German ALI.
ance Insurance company In favor or
II. b. Newbern.
On account of The proper record
not being made the cause 0f G.. w.
Rubie VS.. Tom France, an appeal
from county court Of Custer county
Is dismissed
For material errors In the trial the
cause OF @ II. Rardln vs. X X Cur.
tis appeal from district court OF
Johnson county. is reversed aud re-
manded
The Judgment rendered in district
court OF Pontotoc county. cause OF G.
G.. Hargis vs.. Fidelity Insurance
company Is affirmed. The suit In
volved recovery on bond
John Beauchamp VS.. w. s SlarV'
or, appeal from Kay county district
court: reversed and renamed.
Notes given by G. f Gllpin to the
Metograph company OF Oklahoma
City. which were alleged TO have been
secured through fraud aud deception
were held void by The court In re-
versing and remanding the cause Tor
n new trial.
Justice Turner holds void the iudg4
ment entered against the Okeene
Hardware company In the district
court Of Blaine county. for the reason
that the trial Judge had not been
assigned TO sit In that district by she
supreme court.
Justice Turner afllrms the action
Of The Corporation commission In or
derlng the Frisco 10 erect an indus.
trial switch 10 the grain elevator oI
Charles Cater at Clinton at the cost
OF the complainant, declaring the or
der Just and equitable.
Opinions by Hayes.
In the cause Of the Frisco vs. II.
l.. Lofts. an appeal from the district
court OF Marshall county, judgment
rendered for the defendant for dam
ages for negligence was affirmed.
The order of the Corporation com.
mission requiring the Frisco 70 In
stall telegraph service In it's station
at Newell for the sole purpose OF bul'
leilning trains, made without ans
findlng OF facts or evidence, was re
yersed and remanded.
The district court of Hughes coun.
ty in the cause OF the indian Land
and Trust company VS.. Sllas z. Tay'
lor Is affirmed.
IA The test case Of State OF Oklahoma
lex rel. Frederick King, w. superior
Coupt OF Pottawatomie county and G
G.. Abernafhy Judge 81 said court
involving the legality OF transferring
causes from the district TO The snpe
rior court by plaintiffs. was dismissed
by Justice Hayes because the plain
tin failed 10 comply with rules OF the
court In fling case.
The cause OF Farmers bank OF Roq
VS.. I. d. Nichols. error from county
court OF Pontotoc county, Is revers
ed and remanded.
TIE Judgment Of the district courl
of Muskogee county In the cause OF
o. ID. Rayell VS.. Thomas r. Smith is
reversed and case dismissed. Josiah
r. MARSHALL w. Charles tl. burden
appeal from county court Of John