SUPREME COURT AND COMMISSION

May 2, 1916

Chief Justice Kane-In re assessment of the Boston Store, Grant county court, dismissed; J. P. Allen v. W. J. W. McLaren, et al. Tillman county district court, dismissed; Appeal of Gulf Pipe Line company from the State Board of Equalization, in two cases, reversed and remanded with instructions. Same disposition as in Prairie Oil and Gas company case in which it was sought by the state board to re-open the case and add an assessment by the state tax ferret. High court held that board had no jurisdiction to re-open case after taxes had been assessed and distributed.

Division No. 1

Commissioner Collier-Rock Island Railroad company v. Boring-Kim Produce company, Custer county superior court, reversed and remanded; Enid Mill and Elevator company v. Ada Kester, Garfield county district court, reversed and remanded; Robert Pittman as administrator of estate of Rowie E. Pittman v. State of Oklahoma, Creek county district court, affirmed; State of Oklahoma v. Josiah G. Davis, et al, Creek county district court, affirmed; Isom Readdy v. A. B. Mallory, mayor of Pawnee, et al., Pawnee county district court, affirmed.

Commissioner Rummons-Sam Norton and W. C. Tankersly v. Charley, a minor, by Joe Cordell, Seminole county district court, dismissed; J. H. Everest v. The Gault Lumber company et al. Oklahoma county district court, affirmed.

Commissioner Day-J. M. Mackey and O. P. Quillman v. A. B. Nickol, Noble county court, affirmed; Julius Ward v. the Missouri, Kansas and Oklahoma Railroad, Logan county district court, affirmed.

Orders-James W. Lusk v. M. Ryan, county treasurer, plaintiff in error given 15 days from May 27 to file reply brief; A. D. Clark v. First National Bank of Marseilles, Ill., rehearing denied; Moline Elevator company v. Loewen Real Estate company et al., rehearing denied; Walter J. Brock v. Henry Kiefer, rehearing denied; J. L. Moran v. L. M. Cunningham, motion to vacate order of dismissal denied; Rock Island v. Craig, rehearing denied; John B. Jordan, et al. v. Sarah J. Mullendore, defendant in error given 10 days from May 2 to file supplemental brief.

Division No. 2

Commissioner Burford-Aaron Fretz v. City of Edmond, Oklahoma county district court, affirmed; Commerce Trust company of Kansas City v. State of Oklahoma, Caddo county district court, reversed as to the Trust company

Commissioner Galbraith-Willie Hope v. W. T. Folley, McIntosh county district court, affirmed; Edward K. Oates v. John Freeman, rehearing denied with opinion.

Division No. 3

Commissioner Rittenhouse J. M. Hunter v. A. R. Jayne, Garfield county court, reversed and remanded; J. W. Lynch v. City of Ponca City, Kay county district court, affirmed.

Commissioner Hooker First National Bank of Maysville v. J. R. Price, Garvin county court, reversed and remanded; Southwest National Bank v. Ambuster et al., Greer county district court, reversed and remanded; F. C. Hunt v. Mrs. W. B. Stribling, Ottawa county district court, affirmed.

Commissioner Bleakmore-Madill Oil and Cotton company v. W. O. Davidson, Marshall county district court, affirmed; R. B. Wells et al. v. Guaranty State Bank, Muskogee county district court, judgment on bond.

Commissioner Matthews - Citizens State Bank of Okeene v. E. E. Cressler et al., Blaine county district court, affirmed; First National Bank of Wetumka v. J. M. Nolen, Hughes county court, reversed and remanded.

Commissioner Davis-Carroll-Brough-Robinson v. Board of County Commissioners, Oklahoma county district court, affirmed; Melvina Durant et al. v. Sadie Nesbitt et al., Bryan county district court, dismissed; W. A. Penick v. First National Bank of Lawton, Comanche county court, dismissed.

Orders-Robert Shipman, administrator estate of W. M. Harner, motion for judgment against surety on supersedeas bond denied; Vera Porter v. John W. Singleton, motion of plaintiff in error to tax costs of appeal to defendant in error; W. F. Harn et al. v. W. W. Boyd, appeal dismissed; H. W. Spaulding et al. v. Green Thompson, permission given to file typewritten briefs; William P. Sartain v. P. G. Walker, et al., plaintiff in error given 30 days to withdraw and correct case made; American Bankers' Insurance company v. Marie Smith Hopkins, motion to dismiss denied; T. A. Cain v. Ed King, rehearing granted and mandate recalled; Estate of A. N. Foreman v. Matin E. Foreman, rehearing denied; Midland Valley v. J. L. Kersey, rehearing denied; Santa Fe v. C. B. Cozart, motion to dismiss denied;

A. C. Brown et al. v. W. H. Savage et al, time extended to May 15 to file brief; W H. Aaron and J. W. Goss v. American National Bank, motion of defendant in error to dismiss allowed; John T. Hays v. James W. Smith, motion to dismiss denied, 20 days to file briefs; O. W. Fisk, intervener, George Pound, motion to dismiss sustained; Henry L. Messner et al. v. J. L. Carroll et al., extension of time to file brief to May 15.

SUPREME COURT ORDERS

May 2, 1916

W. A. Jarvis et al. v. Great Bend Oil company; defendant in error is hereby granted an extension of thirty days from April 24, 1916, in which to file answer brief.

Plaintiff in error is hereby granted until May 15, 1916, in which to file brief.

First State Bank of Chandler v. O. L. Pool. Leave is hereby granted plaintiff in error to withdraw case made for correction.

Maryland Casualty company v. Onno Peppard. Petition for rehearing filed January 16, 1916, is hereby denied.

R. S. Litchfield v. Henson Oil company. Pe tition for rehearing filed January 28, 1916, is hereby denied.

V. V. Morehead et al. v. J. M. Daniel. Petition for rehearing filed Dec. 9, 1915, is hereby denied.

Isaac Vogel v. Alex Steelman. Petition for rehearing filed March 22, 1916, is hereby denied.

Edward Landrum et al. v. McLoud Adair et al. Petition for rehearing filed April 10, 1916, is hereby sustained.

Jas. E. Whitehead v. Jas. O. Galloway. Leave is hereby granted to file second petition for rehearing.

Atchison, Topeka & Santa Fe Railway company v. Corporation Commission. Said cause is hereby set for oral argument upon petition for rehearing for May 9, 1916.

Anna Knudson v. G. O. Fennimore et al. Order denying petition for rehearing is hereby set aside; leave granted to file second petition for rehearing.

In re disbarment of L. C. McNabb. Time to file report of referee is hereby extended as per application of referee filed April 21, 1916.

Board of County Commissioners of Alfalfa county v. Walter Ferguson. Motion to dismiss filed May, 1916, is hereby overruled.

James H. Harris et al. v. Cloria Grayson. Motion to set aside order of dismissal and order of revivor filed Jan. 25, 1916, is hereby overruled.

Board of County Commissioners of Creek county v. H. U. Bartlett. Motion to advance filed April 22, 1916, is hereby sustained; case ordered set on next assignment of cases.

Midland Saving and Loan company v. Roxie B. Summers. Upon stipulation filed April 20, 1916, said cause is hereby submitted and leave granted to file briefs as per said stipulation.

W. F. & N. W. R. Co. v. J. H. Puckett. Petition for rehearing filed herein is hereby denied. Trustees, et sec. v. Hooten Co Petition for rehearing is denied.

Sharpless Separator Co. v. C. H. Gray. Upon motion filed April 20, 1916, said cause is hereby advanced and ordered set for next assignment of cases.

Phoebe Coleman, a minor, etc., v. William Battiest. Upon motion filed April 24, 1916, this cause is hereby advanced and ordered set for next assignment of cases

Aetna Building and Loan association v. Lillie A. Harris et al. Upon stipulation filed April 20, 1916, the case made herein is hereby ordered corrected as per said stipulation.

St. Louis & San Francisco Railway Co. v. Irving Stacy. Said cause is hereby set for oral argument before the supreme court on petition for rehearing at next assignment of

cases.

Courtland L. Long v. Willie Alexander etc. Order dismissing appeal herein is hereby set aside; motion to dismiss overruled, and plaintiff in error granted leave to revive within a reasonable time.

Sand Springs Ry. Co. v. J. A. Oliphant. Petition for rehearing filed herein Dec. 28, 1915, is hereby denied.

Wm. H. Darrough v. First National Bank of Claremore. Amended motion for oral argument filed April 5, 1916, is hereby overruled.

Jas. W. Lusk v. Leon A. White Co., treasurer, etc. Leave is hereby granted Messrs. Shartel, Blake, Roberts and Moore of El Reno, to file brief amici curiae herein.

Guthrie Mill and Elevator company v. Hawee G. & M. Co. Motion to transfer petition for rehearing to supreme court for consideration is hereby overruled.

May 9, 1916

Justice Hardy-Isaac Mendenhall et al. v. Andrew J. Walters et al. Okmulgee county district court, reversed; Huckins Hotel company v. Oklahoma County Board of Commissioners, Oklahoma county district court, affirmed; Board of County Commissioners of Garfield county v. R. A. Field et al. Garfield county district court, reversed; E. B. Weatherly, treasurer Garfield county v. Hamlin W. Sawyer, Garfield county superior court, reversed; Same v. Cloworth Development company, Garfield county superior court, reversed.

The following opinions were rendered by the different divisions of the supreme court commission and approved by the court;

Division No. 1

Commissioner Collier-Duncan Electric & Ice company v. Mrs. Carrie Chrisman. Stephens county district court, affirmed; James W. Vann and Sarah R. Vann v. Richard C. Adams, Washington county district court, dismissed.

Commissioner Rummons State National Bank, and the Oklahoma Portland Cement company v. Lily W. Scales, Oklahoma county district court, affirmed; Hattie Childers v. Ben Childers, Muskogee county district court, affirmed.

Commissioner Day-A. H. Corby v. John J. Gayman et al. Lincoln county district court, affirmed; The National Bank of Commerce v. C. O. Fish et al. Logan county superior court, affirmed.

Orders-W. V. French et al. v. Premier Petroleum company, petition for rehearing denied; Midland Savings and Loan company v. Alonzo J. Deaton et al., rehearing denied; three cases combined Liverpool, London and Globe Insurance company v. Richard F. Riggers et al., rehearing denied; Alpha Rivers and Anna Campbell and Myrtle Lane and Elsie Roads, four different cases, against School District No. 51, motion for leave to file second petition for rehearing denied; Walter Harris v. A. H. Chapman et al., appeal dismissed on motion of plaintiff in error; Midland Savings and Loan company v. Nathanial McCurry et al., rehearing denied; James W. Lusk et al. v. George Pugh, defendant given 30 days from April 21 to file brief; in re will of Ella Byford, defendant given until June 10 to file brief and plaintiff given ten days thereafter to file reply brief.

Division No. 2

Commissioner Burford-The Frisco Railroad v. Lula Dobyns, Bryan county district court, former opinion withdrawn, rehearing denied, reversed and remanded; Alex Scott, Fannie Scott and M. W. Cockrell v. James P. Potts et al. Muskogee county superior court, reversed in part and affirmed in part.

Commissioner Galbraith-L. A. Bell v. Harry N. Mills and F. K. Condit, Wagoner county district court, affirmed; L. B. Campbell v. Annie Dick et al., Craig county district court, reversed and remanded.

Orders Codlieb B. Yank v. Frank S. Rogers, rehearing denied; George Tiger v. Harlan Read, defendant in error's motion to dismiss overruled; John A. Williams et al. v. John Arends, rehearing denied; Josiah N. Shippey et al. v. J. A. Bearman, rehearing denied; L. B. Campbell v. Annie Dick et al. rehearing denied; L. A. Vell v. Harry N. Mills and F. K. Condit, rehearing denied; Woodmen of the World v. Laura B. Hutchens, plaintiff in error allowed until May 20 to serve and file brief; Tom Dorsett et al v. F. E. Watkins, et al., defendant in error's motion to dismiss denied, plaintiff in error allowed to withdraw case made for correction, to be made before trial judge within 20 days from this date, and upon 10 days notice to opposing counsel, case-made to be returned to clerk of the court within 30 days; Sallie Chisce Childers v. Jacob Folsom et al., plaintiff in error denied additional time for serving and filing brief; Lucy Childs v. James S. Moore and Interstate Land company, rehearing denied.

Division No. 3

Commissioner Rittenhouse-Ellen R. Hill et al. v. James H. Persinger et al., Custer county district court, affirmed; Willis Graham et al. v. Nancy Emma Graham et al., Custer county district court, dismissed; S. S. Arn v. Ida Elms, Caddo county district court, dismissed.

Commissioner Hooker-Spencer Gray et al. v. Daniel Gray, Custer county district court, affirmed; Easter Oil company v. Mitchell Harjo, Creek county district court, affirmed; Gilliam et al. v. Guaranty State Bank et al., Carter county district court, dismissed.

Commissioner Bleakmore-St. L., I. M. & So. Ry. company v. Marion Dawson, Nowata county district court, affirmed; B. H. McLaughlin v. C. M. Means et al. Hughes county district court, affirmed! N. S. Sherman, Sherman Machine and Iron Works v. Pacific Coast Pipe Line company, Oklahoma county district court, affirmed.

Orders-Modern Brothers of America v. Schickery Beshara, plaintiff in error given until May 20 to file brief; Deming Investment company v. Christonsen et al., motion to dismiss denied, defendant in error given until June 1 to file brief; Midland Savings and Loan company v. Nickoll et al., defendant in error given 20 days from May 5 to file brief; First National Bank of Seminole v. Oklahoma Railway company, dismissed as per motion of plaintiff in error; Union Lumber Manufacturing company v. R. W. Aldred, order of dismissal set aside, case re-instated and submitted, plaintiff given ten days from May 9 to file typewritten brief, defendant in error given 20 days to file typewritten answer; United Brothers Friendship, etc., v. P. M. Delancey et al., motion to strike brief denied, defendant in error given until May 16 to serve brief; Guthrie Mill and Elevator company v. Hose Grain and Mercantile company, rehearing denied; Ephraim H. Foster v. West Publishing company, motion to dismiss denied, defendant in error given 20 days to file answer brief; James Day et al. v. J. R. Charlton et al., rehearing granted, plaintiffs represented by H. H. Montgomery given ten days from May 9 to file brief, defendant in error given ten days thereafter to file answer; Ratcliff et al. v. Farmers State Bank of Greentop, Mo., rehearing denied.

Division No. 4

Commissioner Matthews J. W. Oaks V. H. S. Samples, Delaware district court, affirmed; R. B. Farris v. R. J. Hodges and Butler State Bank, Custer county district court, affirmed; John H. Hinton v. State of Oklahoma, rehearing denied; J. Van Buskirk v. W. E. Grisso, rehearing denied.

Commissioner Robberts-Newton Kelsey v. Kelsey Land company, Carter county district court, modified and affirmed.

Orders-W. F. Harn and Alice Harn V. W. W. Boyd, order dismissing appeal vacated, stricken and case closed; J. M. Beggett v. Alice Hall, order dismissing case vacated, 10 days given plaintiff in error to file brief and 30 days given to defendant to answer; Annie King v. W. F. Mitchell et al., order dismissing case vacated, plaintiff in error given 20 days to file brief and defendant 30 days to file answer; Annie King v. Leroy E. Shultz, or. der dismissing case vacated, plaintiff given 20 days to file brief and defendant 30 days

to file answer; Annie King v. James M. Shultz et al., order dismissing case vacated, plaintiff in error given 20 days to file brief, defendant 30 days to file answer.

SUPREME COURT ORDERS

May 9, 1916

Upon stipulation filed March 29, 1916, further proceedings herein are postponed pending determination of cause No. 7991, Bd. Co. Comr's. Craig county v. Smartt, as per said stipulation.

Clyde Merryman v. M. McQuillan. Petition for rehearing filed April 21, 1916, is hereby denied.

Aaron Marks et al. v. Ike Sien. Petition for rehearing filed April 19, 1916, is hereby granted; cause to be reassigned on next assignment of cases.

In the matter of the estate of Charles Ptachek. Upon motion filed May 3, 1916, said cause is hereby advanced and set for next assignment of cases.

Lessey Yarhola etc. v. Fred L. Strough. Nancy Severs, etc. v. Fred L. Strough Said above causes are hereby advanced and set for next assignment of cases.

C. C. Westbrook v. V. A. Swanson. Upon motion filed May 1, 1916, order of dismissal heretofore entered is hereby set aside; cause ordered reset on next assignment of cases.

In the matter of the assignment of Frank Inglis. Upon stipulation filed May 2, 1916, said cause is hereby advanced and set for next assignment of cases.

Frankie E. Erwin et al. v. Oklahoma Farm Mortgage Co. Upon stipulation filed May 2, 1916, order heretofore granted allowing writ of error to the United States supreme court is hereby vacated, set aside and held for naught; whereupon the mandate is ordered to issue to the lower court in accordance with the judgment of this court heretofore rendered dismissing the appeal in said cause.

Santa Fe, Liberal & Englewood R. R. Co. v. Sidney B. Laune. Upon stipulation filed March 29, 1916, defendant in error is granted until June 15, 1916, in which to file briefs; and plaintiff in error is granted 20 days thereafter to reply.

Fidelity and Deposit Co. v. H. W. Pentacost et al. Upon stipulation filed April 28, 1916, the appeal herein is hereby dismissed at cost of plaintiff in error.

Canadian River R. R. Co. v. Wichita Falls & Northwestern Ry. Co. Upon stipulation filed March 29, 1916, defendant in error is granted until June 15, 1916, in which to file briefs; and plaintiff in error is granted twenty days thereafter to reply.

Trustees, Executors, etc., Ins. Co. v. J. E. Hooten. Mandate herein is hereby ordered stayed until the sixteenth day of May, 1916, as per application filed May, 1916.

Gulf, Colorado & Santa Fe Ry. Co. v. James Beasley. Second petition for rehearing granted; cause to be re-set at next assignment of

cases.

H. M. Hallock v. First State Bank. It is hereby ordered that the judgment appealed from be reversed, and that the cause be remanded to the trial court with instructions to render judgment for the plaintiff and against the defendant for the sum of $700 and for half the costs of said suit, and that judgment be rendered against the defendant for half the costs, pursuant to stipulation filed herein.

Carsey Baken v. F. M. Fox et al. Application for leave to file second petition for rehearing herein is hereby denied.

Turk v. Page. Said cause is hereby advanced and set for next term of court.

Arthur A. Vickers v. Philip Carey Co. Petition for rehearing filed herein is hereby denied.

Bell v. Fitzpatrick. Petition for rehearing filed herein is hereby denied.

Ethel Prickett v. Sulzberger & Sons Co. Petition for rehearing filed herein April 12, 1916, is hereby denied.

Upon application filed John J. O'Brien of Oklahoma City is hereby granted a temporary license to practice law in all the courts of the state until the next meeting of the state bar commission.

C. Edgar Honnold v. Br. Co. Comr's, Carter county. Upon motion filed April 26, 1916, said cause on petition for rehearing is hereby transferred to the supreme court.

S. J. Wick et al. v. Chas. D. Gunn et al. Upon stipulation filed May 4, 1916, time is hereby granted to file answer and briefs as per said stipulation.

State of Oklahoma v. City of Sapulpa et al. Upon stipulation filed May 5, 1916, defendant in error is hereby granted leave to file reply brief, as per said stipulation.

Merchants National Bank of Sallisaw v. G. F. Fletcher et al. Defendants in error are hereby granted an extension of thirty days to file brief.

SUPREME COURT DECISIONS

May 16, 1916

Justice Sharp-R. N. Dunagan et al. v. Town of Red Rock, Noble county district court, affirmed; Sam C. Lambert v. C. I. Smith, Alfalfa county district court, reversed and remanded.

Justice Turner-William Anderson, guardian v. Lucy Anderson, nee Brown et al., Tulsa county district court, affirmed; Ida L. Bridges, minor, by next friend, W. W. Wells v. W. C. Rea and the Farmers and Merchants National Bank of Roff, Johnston county district court, reversed and remanded; Thomas Lynch v. O. C. Poe and wife, Kiowa county district court, reversed and remanded; Crystal Ice and Ice Cream company v. Emma R. Wood, Okla. homa county district court, reversed and remanded.

The following opinions were rendered by the supreme court commission and approved by the court:

Division No. 1

Commissioner Collier-E. C. Thorne v. J. H. Milliken and Mary L. Milliken, Jackson county court, affirmed; Jane Grayson v. Fritz H. Damme, superior court, Muskogee county, reversed and remanded.

Commissioner Rummons-Rock Island Railroad company v. F. A. Morton, Alfalfa county district court, affirmed.

Commissioner Day-C. V. Selsor v. Peter Arnbrecht, Woodward county court, affirmed in part and reversed in part.

Orders-W. H. Maston v. Chandler Building and Loan Association, rehearing denied; H. M. McKeller et al. v. O. Beamer, leave granted defendant to file brief out of time; F. M. English v. J. O. Severns et al, defendant given 20 days from May 10 to file brief; Thomas R Shaw v. Joseph J. Dickinson, order dismissing cause for want of prosecution set aside and case re-instated, plaintiff in error given 20 days from May 16 to file brief and defendant 20 days thereafter; Loth-Hoffman Clothing company v. Paul Schwartz, plaintiff given 20 days from May 9 to file answer brief; H. E. Swan et al. v. T. P. O'Bar et al., leave granted plaintiff in error to withdraw case made and have same corrected by trial court and to refile said case made in this court within fifteen days, plaintiffs in error give defendants in error five days' notice of their action to have said case made corrected. Plaintiff in error allowed ten days from May 16 to file reply brief as per stipulation.

Division No. 2

Commissioner Burford-Charles Futoransky v. J. B. Hope, LeFlore county district court, affirmed; J. C. Allen v. F. B. Dillard, Tulsa county superior court, dismissed; City of Enid as a municipal corporation v. George J. Gensman et al., Garfield county district court, affirmed; Enid Lumber company v. The Enid Fair and Livestock association, Garfield county district court; reversed.

Commissioner Galbraith-Cleveland County v. E. B. Johnson, Cleveland county district court; dismissed. Bunnie McCosar, et al. v. James A. Chapman, Hughes county district court; affirmed.

Orders-Rock Island Railroad company v. E. A. Schands, rehearing denied; Home Insurance company of New York v. Tennie Mobley and B. E. Mobley; rehearing denied. W. R. Crump v. Yorker E. Taylor, et al.; rehearing denied. Cora D. McKee v. D. L. Grimm, et al; rehearing denied; H. L. Huber v. W. D. Aker, et al., plaintiff in error given until June 1 to file brief, defendants in error 20 days thereafter for serving and filing brief.

Division No. 3.

Commissioner Rittenhouse-T. J. Daugherty et al. v. E. C. Fealand, administrator, Rogers county district court; affirmed. Cross Township, Kay county v. Wallace, Kay county court; reversed and remanded.

Commissioner Hooker-George Ruark v. F. Fithen et al. Woodward county court; reversed

and remanded. The United Brothers Friendship et al. v. P. M. Delaney et al., Muskogee county superior court; affirmed. Ada A. McSpadden v. Charles Richardson, Rogers county district court; reversed and remanded. J. W. Graves company v. C. W. Foster, Kiowa county court; affirmed.

Commissioner Bleakmore-Board of County Commissioners of Cleveland county v. Jim Stogner, court clerk of Cleveland county, original petition for mandamus dismissed. W. W. Blair v. W. P. Lewis, et al., Kiowa county district court; reversed and remanded. Board of County Commissioners of Craig county v. L. P. Smartt, sheriff; reversed.

Orders-Melton et al. v. Cherokee Oil and Gas company, motion to file brief amicus curi granted. Jacob M. Lewis et al. v. Nancy Lewis, second petition for rehearing transferred to Supreme Court. Ford Motor company v. B. H. Rockley, defendant in error; given thirty days from May 8 to file answer brief as per stipulation. W. R. Harris sr. et al. v. J. W. Gray et al.; plaintiff in error given until June 1 to file answer to motion to dismiss, and permission given to withdraw casemade. Reynolds v. Ryan; rehearing denied. First State Bank of Mannsville v. Horton; rehearing denied. Jennie M. Meek v. M. F. Eggerman; rehearing denied. H. B. Lockett v. Ely Walker Dry Goods company; rehearing denied. M. S. Brown et al. v. Isaac Williams; rehearing denied.

Division No. 4

Commissioner Matthews-W. T. Casey v. George Kitchens, Okfuskee county district court; dismissed. O. E. Butler v. Board of County Commissioners of Delaware county, Delaware county district court; affirmed. M. M. Stanley et al. v. Commissioners of the Land Office of Oklahoma; rehearing denied. Citizens State Bank of Okeene v. E. E. Cressler et al.; rehearing granted; leave given to withdraw and correct case-made within 30 days, stricken from assignment.

Commissioner Davis-Bruce L. Keenan v. Robert Chastain, et al.; motion to withdraw and correct case-made denied; rehearing denied, former opinion adhered to. Boorigie Bros. v. Quinn Berry Tea and Coffee company; rehearing denied.

Orders-Lyman N. Norris v. Azillah Dagley et al., defendant in error given until June 10 to file brief. S. P. Render v. Ross N. Lillard; defendant in error given ten days to file brief.

SUPREME COURT ORDERS

(May 16, 1916)

L. L. & G. Insurance company v. Biggers; 6427-L. L. & G. Insurance company v. Parker; 6428-L. L. & G. Insurance company v. Biggers; leave is hereby granted to file second petition for rehearing within ten days, to be considered by the supreme court; mandate stayed pending second petition for rehearing.