The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1911-10-11
TERRITORIAL \
LAW UPHELD
BY COURT
Provides Penalty Against Rail-.
roads for Failure TO Sup
ply Freight Cars


|
Oklahoma CITY, Okla. oct. t1-A
decision sustaining the constitution
ality Of the territorial law which pro
vides for "a penalty of = per day in
eases waere railroad companies
failed to furnish cars, was rendered
Tuesday by the supreme court com
missioners in the case of the G.. r
and +. railroad company against w
| w Beatty, an appeal case from the
county court OF Caddo county.
The case has been pending since
1906, when Beatty secured judgment
against the company for 81 per day
during the time il failed TO furnish
cars for the transportation of freight
from Verien TO Chickasha, then in
Oklahoma Territory The opinion
was by Judge c. B, Ames
In an opinion by Robertson, the
case of the Bank of Grove against
Peter Dennis II. + Wood and W. H..
Wood, on appeal from Delaware
county, was reversed and remanded
In the suit brought by the plaintiff III
error in the lower court, tne bank
sought to recover 5000 and interest
on a promissory note. Since 10 per
cent interest had been charged, the
lower court held that the rate OF in
terest was usurious, and found for
the defendants.
The case of d NJ. Phillips against
Joplin Roberts and otaers, on appeal
from the county court of Coal conn-
ty, was reversed and remanded in an
opinion by Judge Robertson, Rob
erts secured Judgment in the lower
pbflttY,p Al
TO- X. Transfer and Storage company
of oklahoma City for the loss of a
trunk and contents
The decree of the district ,ourt OF
Blaine county in the case of 1. ii.
Lookabaugh against John +. Bow
maker was affirmed in an opinion Dy
Judge Ames Bowinaker brought
sult in the lower court to have al
mortgage Cancelled, on the ground
that it was obtained by fraud. and
the charges we're sustained
lin the case OF Thomas II. Doyle
and Parker " Cress against school
district NO 3S, Noble county, the de
cision OF the district court of Noble
comfy was reversed, and the plant
ins awarded $15 as attorneys fees ID
a decision by Judge Robertson.
In the ease OF Jacob Staulfer and
others against John Campbell on er-
ror from the county court OF Garileid
county, the decision OF the lower
court was reversed The case was
an action brought by Campbell ON /
statutory supersedeas bond gwen py I
StauNfer as principal and endorsed bN I
other parties the lower court find'
ing in favor Of Campbell
In the case Of William f. Linton
against the Cheslnutt-Gibbons Groe-
err company on error from the dlS"
trict court OF Muskogee county, an
action brought by the company on a
note for $l79l9, yer
dict for the piaintin was sustained.
In the case OF The El Reno Gas
and Electric company against G. G.
Spurgeon. the district court of Cana
dian county was reversed Springer
brought action against the company
for $4,000 damages on the ground
that II II. Stephens Of the company,
had caused his arrest on Il charge OF
stealing current Verdict was found
for Spurgeon in The lower court.
Judgment for the plaintiff was al.
against e +. Jarrett, on error from
The county court Of Mcintosh county
where Jarrett entered suit o recov-
ar commissions for the sale OF per
sona property and Judgment was
'ound in his favor.
Case Of Frederick B. Stein against
Ben Adams, appealed from the dls
riot court of Okmulgee county,
Judgment for Adams affirmed
The appeal Of the Barnes-Smitn
Mercantile company against w )
Melton, from the county court of OF
ava county, was dismissed for fack
lf prosecution.
The appeal of the Bryan County
state bank against Eugene Kimball
rom the county court Of Atokai
county, was dismissed because no
brief had been filed by the plalnttli
n error