OF CASES ARGUED AND DETERMINED IN THE SUPREME COURT OF THE TERRITORY OF OKLAHOMA. BY FRANK DALE, CHIEF JUSTICE. VOLUME II. Containing Cases Decided at the January Term, 1894; June Term, 1894; GUTHRIE, O. T.: DAILY LEADER PRINTING COMPANY. 1896 ENTERED according to act of Congress, in the year 1896, by FRANK DALE, CHIEF JUSTICE, REPORTER, For the benefit of the Territory of Oklahoma, Library Fund, In the office of the Librarian of Congress, at Washington, D. C. Rec. Mar. 12, 1896. JUDGES OF THE SUPREME COURT· OF THE TERRITORY OF OKLAHOMA DURING THE PERIOD COVERED BY THIS VOLUME. HON. FRANK DALE, CHIEF JUSTICE. HON. JOHN H. BURFORD, ASSOCIATE Justice. OFFICERS: HON. CALEB R. BROOKS, UNITED STATES ATTORNEY. HON. T. F. M'MECHAN, ASSISTANT UNITED STATES ATTORNEY. HON. EDGAR W. JONES, CLERK. HON. EVITT D. NIX, MARSHAL. The terms of the Supreme Court are held at Guthrie on the first Tuesday of January and the first Monday in June, in each year. RULES OF PRACTICE OF THE- SUPREME COURT. I. Court will meet in regular sessions the first Tuesday in January, and the first Monday in June, each year. All causes will be heard by the Court on the days for which they are assigned. SECURITY FOR COSTS. II. No cause shall be docketed, nor process issued thereon (except causes wherein the Territory or the United States is appellant) until the plaintiff in error or appellant shall pay to the Clerk, Ten Dollars advance fees; nor shall any civil cause be docketed until security for costs shall be given, approved by the Clerk of the Supreme Court, conditioned for the payment of all costs for which the plaintiff in error may be liable. PLEADINGS. III. Counsel for appellant, or plaintiff in error, shall number the pages of the petition in error and the record, before filing the same. IV. Counsel shall file ten printed briefs in each case; six copies for the Court and four for the Reporter and Librarian. The briefs must rer specifically to the page of the record which counsel desire to have examined. V. The Clerk will deliver one copy of each brief to the Territorial Librarian, to be bound and indexed and placed in the Territorial Library. That the briefs may be of uniform size, and thus capable of being bound in uniform and convenient volumes, counsel are requested to have such briefs printed in pages corresponding in size and form to the pages of the Oklahoma Reports VI. In each civil cause, counsel for plaintiff in error shall furnish a copy of his brief to counsel for defendant in error at least thirty days before the first day of Court, and the counsel for defendant in error shall furnish a copy of his brief to counsel for plaintiff in error at least ten days before the first day of said term. Proof of service of the briefs must be filed with the Clerk of the Court seven days prior to the first day of said term. In case of a failure to comply with the requirements of this rule, the Court may continue or dismiss the cause, or affirm or reverse the judgment. VII. In all criminal appeals in which the Territory or the United States is a party, and in all civil causes in which the Territory or the United States is a party, or which any of the property of the Territory or of the United States is involved, counsel shall serve their briefs upon |