The weekly chieftain. [volume] (Vinita, Craig County, Okla.) 1905-1913, 1911-11-24

equipment The opinion is by Com
missioner Rosser.
In connection with the reversal OF
the case of Mrs. A. c. Cooper VS.. d. c
Austin, from the county court of Co
manche county the commission holds
that the original jurisdiction of the
county court as granted by the con
stitution of cases in any amount not
exceeding $1,000 is not changed by the
act as to deprive those courts of juris.
diction where the amount did not ex.
ceed 5000.
! Where the Greek rolls show that a
woman and her head child were of
Creek blood and she and her husband
testify to the same effect, the finding
of the trial court that they are oil
Creek blood will not be disturbed, al
though several persons, including rela-
tives, may testify that they were only
adopted Creeks. This was held by
Commissioner Rosser in affirming the
case of L. S. Shelton VS.. w. H. Dill
from the district court of Okfuskee
county.
That state cannot enact a law com
pelling a foreign corporation to estab-
lish resident agent in the state upon
whom service may be had as a condi-
tion precedent to doing business in the
state, was the holding of the commits
sion in an opinion by Commissioner
Rosser n reversing the case of the Chi
cago Crayon company VS.. Henderson
Rogers ct al, from the county court
of Pittsburg county. The company
was engaged through agents in taking
orders in Indian Territory for enlarged
pictures and in doing the work in Chi
cago, the pictures to be delivered by
agents others than those who took the
orders. The court holds that this com
pany was engaged in interstate COM
merce but that the fact that it did not
have resident agent in the state did
not bar recovery on a bond given by
one of is delivery agents.
A somewhat peculiar case passed up
on by the commission is that of J.
T. Humphreys VS.. Harry Morgan by
Charley Morgan as next friend, from
the district court of Oklahoma county,
which is reversed and remanded in an
opinion by Commissioner Rosser. Nor.
gan sued Humphrey for damages, al
leging that two of the formers dogs
jumped at his horse, causing him to
fall from the animal and sustain a
broken leg. The testimony tended to
show that the horse was frightened by
the cur dog but the evidence did not
show that the cur dog belonged to
Humphreys. The court holds that it
was error for the lower court not to
instruct the jury that if it was found
the cur dog caused the injury the
plaintiff could not recover damages.
Bq Brewer, C.-R. T. Payne VS.. R. B.
Ramsey, district court Muskogee coun-
ty, affirmed; Hamlin w. Sawyer VS..
Hattress Shick and Margaret Shick,
Garfield county, reversed and remand
ed; Carothers Warehouse Building AS
sociation VS.. J. E. Mcconnell district
court, Tillman county, affirmed; John
c. Adams VS.. S. c. Adams, district
court McClain county, affirmed; J. D.
Cox, VS. Augustus L. Rogers ct al, dis
trict court, Cherokee county, appeal
dismissed; Lucy Tolbert ct al, VS..
State Bank of Paden, district court,
Okfuskee county, reversed Floyd O.
Hubbard, ct al, VS.. R. Craycroft and
Mrs. R. Craycroft, county court, Kiowa
county, reversed; J. ]. McCulbertson
VS.. Stephen P Mann, district court,
Muskogee county, affirmed.
BY Harrison, C-Western Roofing
and Tile company VS.. George H. Deib-
ler district court, P'ttsburg county, re-
versed and remanded; E. NJ. Brash
Cigar company VS.. w. H. Wilson ct al,
county court, Pottowatomie county, re-
versed and remanded
BY Rosser, &c. G. Grimes VS.. w.
E. Wilson, county court, Comanche
county, affirmed; Clarence w. Turner
VS., Nancy F. Mills, district court, Mus
kogee county, affirmed; Daisy McClel-
land VS. R. A. Witherell, district court,
Cherokee county, appeal dismissed; 4;
George c. Hobbs VS.. J. F. Young, dis
trict court, Carter county, affirmed; j.
E. Hurst vs. w. B. Hill, district court,
Oklahoma county, reversed; Farmers
and Bankers Warehouse Association
ct al, VS.. J. A. Burt ct AL, district court
of Tillman county, appeal dismissed; +;
Jim Sellers ct al, VS.. Territory of Ok
lahoma, county court, Greer county, af-
! firmed