Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1910-09-15
REAL LAW Is
HANDED DOWN
INTERESTING DECISIONS COME
FROM SUPREME COURT
ALLEGATIONS DON'T GO


Special 10 the World
Guthrie. okla. sept l4-Among the
opinions Of general interest handed
down hy the supreme Court today. was
one by Associate Justice Il l.. VIII
llams reversing the lower court OF
custer county IN the Clinton Cemetery
ease.
The district court permanently EN-
joined certain parties from making a
cemetery of thirty acres of land ad
laccut ,o clinton An allegation OF
nuisance formed the bushfuf the suit.
lh reversing the case, Justice Williams
says:
IA burial ground IL not per Sc a
nuisance tu person living in its i'm
mediate vicinity and II Is not sufn-
clthl 90 allegc In general terms prob
able Injury 10 the health Of his family
toy the pollution OF the air or water.
lie must state facts A pressing ne
'ossltf must bee shown before the court
Justice Williams refused the writ
uf prohibition noked by the Pioneer
Telephone company against the city
of Rartlesvllle, involving a telephone
row and sent the case back to the
lower courts
Justice Kane establishes some
of ,he Western National bank vs.
Geraun AN oklahoma CITY case which
WaH reversed. The contention was
over certain desks attached to the
building 10y screws, and as To whether
they were real or personal property.
"A thing is deemed to be affixed TO the
land, says Justice Kane, when II Is
attached To II by It's roots, as In the
ease OF trees vines or shrubs, or i'm
bedded In It, as In She case Of walls,
or permanently resting upon It, as In
the case Of buildings, or. permanently
attached to what Is thus permanent, as
by means of cement, plaster nails,
bolts, or screws"
The damage case brought against
the Gulf pipe Line company In Choc-
taW county when the pipe line bursted
and oil ran out over several acres of
land belonging TO A. NJ, Vanderbery
was affirmed In Nanderberg's favor
today In an opinion by Associate Jus
tlce S. W. Hayes.
Another opinion of Importance by
Justice Hays wae In the case of the
Commonwealth National bank of Dali
las, fQxas, uppealiuiS Ss. W. NJ Baugn-
man, from PuntOtoc county, reversed
and 9emandcd. In which Justice HAYS
holds that an alteration Int note after
II Is signed 50 az to make II bear
per cent interes, instead OF 10. said
alteration being made without the
knowledge Of the maker of the note.
is suliiyently material to make II yoid.
That street improvements do not
come within the scope OF public utili-
ties, or rcpairments on the same, Is
held by Justice Hays In reversing and
remanding the case Of Il. Is. Dingman.
appealing, vs.. the City Of Sapulpa,
legal controversy over bond election
In which the city loses
The oklahoma Territorial Supreme
Court decisions are overruled In the
case of John Holmes, ct al, appealing,
vs.. Luella Holmes, from Klngfnher
county, affirmed In a decision by
justice Hays In which II IL held that
q wife may continue to occupy her
deceased homestead as home, and
that so long as She occupies the same
II If not liable to partition at suit OF
the heirs Of the deceased husband.
District Judge Huston of Guthrie is
the lower court Judge who IL thus az
nrmed In going against former deci-
eions Of the high court OF territorial
days