The Oklahoma City times. [volume] (Oklahoma City, Okla.) 1908-1984, 1915-01-25
MANY OPINIONS
ARE GIVEN OUT
Supreme Court Commission De-
CideS Two Gases Appealed
From This County.
A CHEROKEE FREEDMAN CASE

Division No. 2, supreme court com
mission, this afternoon handed down
about twenty five opinions involving
the settlement OF great many legal
questions.
Two Of the cases were appealed from
Oklahoma county The decision Of the
district court Of oklahoma county In
the case Of the oklahoma City Deyel.
opmcnt company Vs. Sarah Picard was
modified aud affirmed In an opinion
by Judge G. A. Galbraith
In suit tU collect ON note for
$500 brought by Sarah Picard against
the Oklahoma City Development com.
pany the trial court gave judgment to
the plaintiff and also allowed an at
tOrney's fee Of $500. The development
company appealed ON the ground that
the attorneys fec was improperly al
lowed The supreme court commission
found that there Was no provision In
the note for HI attorneys Zee aud that
while mention was made In the mort
gage OF attorneys fees the language
was SO indefinite rs TO amount to
''misdescrlptlon Of the mortgage and
thus did not constitute binding con.
tract
The other Oklahoma county case was
that In which school district No. 70 of
Oklahoma county sought to recover
Judgment against bank ut Harrah for
All alleged unpaid balance on deposit.
Judgment was given to the school dis,
trict IN the superior court Of Oklahoma
county, but Is reversed and remanded
In the opinion by Judge Galbralth OF
the supreme court commission, on ac.
count pf nm offset claim which the
bank had against the school district.
Privilege OF . Freedman.
In another opinion 10y Judge Gal
bratth In the case OF George w. Bena.
dun VS.. X, $. Armstrong and W. j..
Armstrong of NOwata county, the court
held that a Cherokee freedman could
ALLEVIATE his allotment subsequent 10
the taking effect OF the act OF con
gress of April Il, 1904, removing re.
strlctlons even though he had not vet
received his patent from the govern,
ment.
Other opinion handed down by the
supreme court commission, division No.
: this afternoon were
by Judge G. A. Galbraith-Ira AZ
Cobe lnd Renfrew OH and Gas com.
pany vs.. Union National Bank OF
BHrtlesyllle, Howard B. Weber. liuui.
dating agent Of the American National
Bank al Bartlesyllle, Commerce Trust
Company Of Kansas City, c. N. Haskell
anu others, appeal from Washington
county BY C6be aud Renfrew OH com.
any from action OF court In appointing
a receiver 70 take charge Of their prop.
critics; dismissed.
Harhbr Meyers w, W f. Cabiness.
from Custer county; affirmed.
W DtWhkinsin w. WAlterGBnrthol.
omey, from s'yo0ds bounty affirmed
w q. Mcclure vs.. John Roberts W.
II. Roberts and s p. Rawls, from Jack.
son county; affirmed
VIM. Cameron and Company Va. Cage
Beach, from jackson county: affirmed.
Opinions by judge Moore.
By Judge Charles l.. Moore Moses
Ayers w. Elmer Coon from Muskogee
county; reversed and remanded.
Earl Baker vs. otis Cnreton. from
WAGNER county affirmed.
A. II. DYKES, guardian OF Walter G
Dykes and others We. q. d. Markham
and others from Cherokee county dis.
missed
vi Reno VitrIfied Brick and Tile
company and A G. Krelpke w. the G.
wv Raymond company, from Canadian
county; dismissed.
BY Judge p u Brewer-Ditz,er
Dry Goods company w. j. II. Sanders
from Carter county; affirmed
r. Il. Clark vs. Farmers State Rank
from Woods county dismissed.
q. W Burkett, W. c. Parker and ]
L. Freeman vs.. state Of Oklahoma on
relation Of NJ L. Hankins, county at.
torney OF Jackson county, from Jack
son county; affirmed.
First National Bank OF Casey, iii
nois, W. r X, Kornegay, from Jackson
county affirmed.
George A, Johns, county Judge Of
Okmulgee county Va. j. ". Caskell
from Creek county; reversed and No
manded with Instructions.
Board Of county commissioners a,
Harper county vs.. NJ. T. Day. from
Harper county; reversed and remand
ed with directions.
ID. 4, Sledge ct al, vs. c. Brisco,
from stephens county; dismissed.
Theodore Hustled vs.. Joe Loche from
GHryin county; dismissed.
! II T. J. Williams and n. q. HaEIart
vs.. Bessie Huffman. an infant by ID
H. Huffman as next friend. from
Cleveland county; dismissed.
Dodd Lear Hardwood Lumber com
pany W.. Fred Gyr, from Choctav
county reversed.
FRANKS ATTORNEYS SEEK