The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1911-11-15
TWO OTHER CASES OF
LOCAL IMPORT DECIDED
One Hundred Opinions Handed
Down, Thereby Establishing
a New Record

IN the one hundred opinions hand
ed down by the Oklahoma supreme
court Tuesday, decision in the
Guthrie charter case was not includ-
ed. as had been confidently expected
In the opinions rendered Justice r. l..
Williams leads the list with twenty
nine, Justice Jesse ]. Dunn 81. Justice
Al. j. Kane 1S, Justice S. w. Hays II
and Chief Justice John B. Turner IS
Old Bond Case Decided
When the Capitol National bank
failed in Guthrie several years ago,
the American Bonding company was
the territory's protection to the
amount of $250,444 for territorial
money on deposit in that institution.
The territory sued the bonding com
pany for 100000 that had disappear
ed with the bank, and obtained iudg-
ment The American Bonding com
pany then sued the United States FL
deity and Guaranty company, which
was also on the bond for contribution,
and the district court of Logan coun-
tv decided that they should bear the
loss equally The United States FL
delity and Guaranty company then
appealed to the supreme court and
Chief Justice Turner handed down an
opinion reversing the Logan county
district court. so as it stands. il is
the American Bonding company that
loses.
Need Not Build Viaduct
The Chicago, Rock Island & Pacific
Railway company will not build any
yiaduct over streets in Guthrie unless
il chooses. 0. p Cooper. resident
OF Guthrie, appealed to the corpora
tion commission fir an order com
pelling via1uct to be put in. but lne
commission stated that it had no jur-
isdIction. Cooper appealed to the SUI
meme court which held the same
way in an opinion by Justice Dunn.
THE complete list of decisions rem
dered by the supreme court Tuesday
follows
By Chief Justice Turner.
e. S. Fidelity & Guaranty CO. vs.
American Bonding COMPANY Logan
county, reversed P. J. Yeager vs. u
G. shelton ct al original manGAmus
proceedings, writ denied; a. q
Vaughn VS. Fannie Gatlin, McCiAfl
.county. affirmed R. c. Sawyer US
Antoine Schuler ct al, Plttsburg co''h-
ty reversed: The PheniX Insurance |
company VS.. Ben Ceaphus. Bryan
county. reversed Thomas CampOe''
VS.. l.. c. Housh, Noble county. re-
versed. ]. ID. Burns VI. FuhN
Wagner county, affirmed J. \. How
il ct al VS.. w Goldsborough et al
Kingfisher county, reversed; j. d. /
Whitaker VS. State of Oklahoma, OK
lahoma county, reversed; st LGns
and san Francisco Railway company !
VS. John w. Sutton ct al, appeal from |
ccrnoration commission. affirmed !
Missouri, Oklahoma and Cult Railway
companv vs. state OF oklahoma, ap- (
peal from corporation commission, |
affirmed; Harry O. Lewis, VS.. Hulda
! Lewis Comanche county, dismiss
ed John r. Smith and John Sturm /
VS.. lafayette & Bros, Mcintosh
county. affirmed; J. X. Cobb d Co..
ct al. VS.. 7. A. Hancock Bryan coun- {
ty, dismissed.
BY Justice Kane.
The American Well and Prospect
in company VS. D. A. Spear, Marshail
county. affirmed Overholzer ct al VS.
Oklahoma lnterurban Traction com
pany.. rehearing denied, The First
National Bank OF Sallisaw VS.. John
Houston. SeauOyah county, afflrmed,
The Missouri-Lincoln Trust company
w A. X Long. Caddo county, reyers-
cd and remanded: National Exchange |
bank VS. Hulda Hahn, Custer county,
affirmed; ]. J. Barrett VS.. Fred FL
fenberg Muskogee county, affirmed; T
Midland Valley Railway company VS.
State uf Oklahoma and G. w Gullege