The Vinita daily chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1902-1913, 1911-11-20

firmed in an opinion by Commissioner /
Harrison. The opinion holds that the |
plaintiffs were not entitled to relief !,
from the courts when they failed to
avail themselves of an adequate rem
edy whic hexisted before they took the
case to the courts.
In reversing and remanding the ac-
tion of the district court of Pottawa-
tonne county in allowing damages to
j. F. Ashlock against the Rock Island
railway the court holds the accident
was not due to failure of the company
to furnish Ashlock an assistant or to
the use of improper tools or unsafe
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 81 900, is not changed by the
act as to deprive those courts of juris-
diction where the amount did not ex-
ceed 5000.
/ Where the Creek rolls show that
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
Greek 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 foreign corporation to estab-
lish resident agent in the state upon
whom service may be had as a condi-
ton precedent to doing business in the
: state, was the holding of the commits
sion in an opinion by Commissioner
I Rosser reversing the case of the Chi
! cago Crayon company VS.. Henderson
/ Rogers ct al, from the county court
of Pittsburg county. The company
Il was engaged through agents in taking
orders in Indian Territory for enlarged
/ lpictures 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 no
\ have a resident agent in the state die
not bar recovery on bond given b.
d lone of is delivery agents.
i A somewhat peculiar case passed up
l. on by the commission is that of ]
T. Humphreys VS.. Harry Morgan b.
Charley Morgan as next friend, from
the district court of Oklahoma county
e which is reversed and remanded in al
0
t gan sued Humphrey for damages, a
e leging that two of the formers dog
# jumped at his horse, causing him t
O fall from the animal and sustain
e broken leg. The testimony tended t
n show that the horse was frightened b
IS the cur dog but the evidence did no
n show that the cur dog belonged t
It Humphreys. The court holds that
IS was error for the lower court not t
ie instruct the jury that if it was foun
h the cur dog caused the injury tn
plaintiff could not recover damages.
n Bq Brewer, C.-R. T. Payne VS.. R.
n Ramsey, district court Muskogee coul
if ty, affirmed; Hamlin w. Sawyer "
n Hattress Shick and Margaret Shicl
n Garfield county, reversed and remant
s. ed; Carothers Warehouse Building A
IS sociation VS., J. E. Mcconnell, distriC
court, Tillman county, affirmed; job
IL C. Adams VS.. S. C. Adams, distrit
lie court, McClain county, affirmed; J.
n Cox, VS.. Augustus L. Rogers ct al, di
IN trict court, Cherokee county, appet
ce dismissed; Lucy Tolbert ct al, V
as State Bank of Paden, district cour
IS, Okfuskee county, reversed; Floyd
Hubbard, ct al, VS.. R. Craycroft an
is Mrs. R. Craycroft, county court, Kiow
W. county, reversed; ]. J. McCulbertsC
&C. vs. Stephen p Mann, district cour
ry Muskogee county, affirmed.
il BY Harrison, C-Western Roofir
re and Tile company VS.. George H. Del
lie Ter, district court, P'ttsburg county, r
ID versed and remanded; E. NJ Bras
ny Cigar company VS.. w. H. Wilson ct a
ad county court, Pottowatomie county, I
re, versed and remanded.
re- BY Rosser, C.-E. G. Grimes VS..
E. Wilson, county court. Comancl
of county, affirmed; Clarence w. Turn
lc- VS.. Nancy F. Mills, district court, MI
De- kogee county, affirmed; Daisy McCl
MT land We r WitherelI district con