Daily capital journal. (Salem, Oregon) 1903-1919, 1919-04-01
JUDGEMENT IN CASE
OF NATLOCK STANDS
Supreme Court SuStains De-
cisiOA Of Judge Bingham
In Damage Case.

Among the decisions handed down
this morning from the supreme court
was that Of G. N. Matlock, as admin
istrator Of the estate of Cora b. Mat
lock, deceased, VS. Julius Aim, ct al,
appealed from Marion county, decree by
Judge Bingham. This was a suit in
equity in which plaintiff charges the
fraudulent conveyance of property on
the part of defendant, and demands IT,
tie to the property under the Judgment
of the lower court. This judgment
grew out of a suit for damages brought
by plaintiff in Judge Bingham s court
as the result Of an automobile accident,
in which plaintiffs intestate, Cora B..
Matlock, was killed. As the result of
the suit for damages brought by her
administrator, G. N. Matlock, the
jury awarded judgment in the sum of
$1,000. Following this, and while va
rious suits were pending against de-
PENDANTS, it was agreed among therz
that a certain property in Silverton
should be decided to defendant Aim in
order to enable him to raise funds for
the repair Of his automobile. damaged
in he collision, and also to meet his
attorney S fees. In the circuit court
plaintiff endoavored to show that the
transfer was made with intent to avoid
Judgment, but Judge Bingham found
that there was no evidence Of such in
tent. The case was carried to the su-
preme court where in a decision by
Justice Bennett, the lower court was
affirmed with one modification, JUS
tees Mcbride, Bean and Johns concur
ring.
Other decisions were as follows:
Thos NJ. Askay, respondent, VS.
Patrick B. Maloney ThOs. Swennes,
and s. W. Surety Insurance Co., ap-
pellants; appealed from Multnomah,
Geo. H.. Bingham, Judge. This is a
ease in which plaintiff sought to re.
cover damages from the above bond
ing company, as security for the de-
fendant officers, for the accidental
killing Of plaintiffs decedent, plain
tiff alleging that the killing was due
to negligence or recklessness on the
part of defendant detectives who were
shooting on the streets of Portland at
an escaping prisoner. The evidence
went to show that one of the bullets
fired after the fugitive, glanced from
the pavement through a street car
window and killed the plaintiffs de-
eedent. On the ground that the OIL
GERS were in the regular performance
of such duty as sometimes devon ed
upon them, the decision of the lower
court was reversed and the case re-
manded for new trial.
Allen Rogers OF al appellants vs
Charles E. Wills, ct al; appealed from
Multnomah; appeal from order of court
setting aside verdict and ordering new
trial of suit instituted for alleged
breach of contract relative to convey
ancc Of ldts in Clackamas county; opin
ion by Chief Justice Mcbride; Circuit
Judge Gatens affirmed.
Sanborn- Cutting company VS. Bay
CITY Storage and Fisheries company,
appellant; appealed from Tillamook;
petition for rehearing denied; opinion
by Justice Harris.
NJ. Ford appellant vs. E. U. Hender-
son, ct al, appellants; appealed from
Yamhill; petition for rehearing denied
opinion by Justice Harris.
Hodson-Freenaughty company VS.
Coast Culvert & Flume company, ap-
pellant; appealed from Multnomah; pc
tition for rehearing denied; opinion by
Justice Harris.
Alice NJ. Graham, Administrative OF
estate Of R. P. Graham. appellant VS.
A. s. Graham, ct al; appealed from
Multnomah; suit for accounting Of
property involved in partnership con
neeted with an estate; opinion by Jus
tice Johns; Circuit Judge Davis az
firmed.
Elizabeth Meyer VS. R. Eichler, ap-
pellant; appealed from BentOni suit in
partition Of land; opinion by Justice
burnett; Circuit Judge Hamilton af-
firmed.
Petitions for rehesring were orally
denied as follows: state vs. Chun King
ct al; Freenaughty vs. Beal; Brown vs.
Almasei; Hodson Freenaughty com
panv vs. Coast Culvert & Flume com
pany; Miller vs. Payette Valley Land
company; Bryant vs. Painter; samehuek
vs. insurance company Of North Am
erica.