The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1915-08-05
MAJOR BROTHERS
5ll First National Bank Bldg Phone 280
Injunction on Paving
Tax Stands
Continued from Page one.)

and others A part Of the judgment is
as follows:
1T is therefore considered, adjudg.
ed and decreed that the defendants
herein, the city of Chickasha. a munic-
ipal corporation in Grady county Okla.
homa, J. B. Burton, mayor of said city
OF Chickasha, Ben Burgess. city clerk
of said city Of Chickasha. the defend
ant, w. II Cloud, county treasurer OF
Grady county, Oklahoma, the Adrian
State Savings Bank of Adrian, Michi-
gan, and all other members of said
city council of said city of Chickasha,
Grady county, Oklahoma, and all of the
said defendants. their successors In
office, their agents and employees be
and they all of them are hereby per-
petually enjoined from collecting or
attempting to collect any and all spe-
cial assessments levied by the mayor
and city council of the city of Chicka-
sha, Oklahoma, to pay for the con-
struction Of paving on the streets in
Improvement District No. 8 OF said
city of Chickasna, Oklahoma, as estab.
lished by said city council, and said
defendants and each OF them, their
agents or SUCCESSORS in office be and
they, all OF them, are hereby perpetual
ly enjoined from issuing any process
OF any kind or character with refer
ence to collection Of said special as
sessments so levied by the mayor and
city council of the city OF Chickasha.
Oklahoma, against the property abut-
ting on said streets in said Improve
ment District No. ,. and fror1 selling
CT attempting to. sell, or in any way
attempting to enforee the collection %
sad spe .ial assessments against said
property.
Subsequent to rendering said judg-
ment, the Adrian State Savings bank.
who held two of the bonds in the sum
of $1,000 each, and against whom judg-
ment was rendered cancelling the as
sessments and for costs in the case.
applied to the court for an order super
seding the Judgment as to the Adrian
State Savings bank, that part OF the
order by the court being as follows:
''It is therefore ordered by the court
that upon giving an undertaking in the
sum of $4,000 by the defendant, the
Adrian State Savings bank to the
plaintiffs herein with surety to be ap-
proved by the clerk of this court, con-
ditioned for the prosecution of said ap-
peal without unnecessary delay and
for the payment to the plaintiffs of all
damages thsy or either of them may
sustain by reason of such stay. suspen
sion and superseding of such judg-
ment, and all costs in the supreme
court If SAID judgment is affirmed in
whole or in part by said supreme
court, the said judgment be suspend
ed and stayed and superseded there
after until final determination Of
such appeal in The supreme court.
No application was made for an or
der OF supersedeas on bond by the de-
fendant. city OF chickasha the city
clerk, the county treasurer or any
other defendants except the Adrian
state Savings bank. When this order
was entered on May IA, 1914, the at
tention of the district judge was call
ed to the order and the effect 1t would
have upon superseding the injunction
against the defendants who we're not
parties to the order. and who had not
applied for a supersedeas, |, e.. the of
ficers of the city and the county treas
urers. and on May 10. 1914. Judge j
II. Johnson. the trial judge in letter
TO this firm with reference to such
order, construes 1t as follows:
"As to the effect OF the supersedeas
bond of the defendant, the Adrian
State Savings bank. my understanding
of the matter was that il would super
cede the judgment against the bank,