Volume 94 — Oklahoma Reports

<p>Error from District" Court, Washington County; Preston A. Shinn, Judge.</p> <p>Action by L. J. Rees against Albert S. Rupard, Belle Fender, Harve Fender, B. L. Cutler and Lucy E. Jack. Judgment for plaintiff, and defendants bring error.</p>

<p>Error from District Court, Okfuskee County; Lucien B. WMght, Judge.</p> <p>Action by W. E. Sessions and Myrtle Segro against W. R. Blake, D. W. Johnston, and E. L. Burden. Judgment for plaintiffs, and defendants appeal.</p>

<p>1. Trial — Issues for Court or Jury — Statute.</p> <p>“Issues of law must be tried by the court, unless referred. Issues of fact arising in actions for the recovery of money, or of specific real or personal property, shall be tried by a jury, unless a jury trial is waived, or a reference be ordered, as hereinafter provided.”</p> <p>2. Pleading — Sufficiency on General Demurrer. ‘</p> <p>Where a petition is challenged by general demurrer, the same will be liberally construed in favor of the pleader, and if any facts are stated which entitle the pleader to any relief, the demurrer will be overruled.</p> <p>2. Judgment — Vacation After Term — “Unavoidable Casualty.” ‘</p> <p>Subdivision 7 of section 5267, Rev. Laws 1910, authorizes the district courts of this state to vacate a judgment subsequent to the term at which it was rendered “for unavoidable casualty or misfortune, preventing the party from prosecuting or defending.”</p> <p>4. Same — Relief from Default.</p> <p>It is the policy of the law to afford every party to an action a fair opportunity to present his side of a cause, and while it is true the courts must require diligence on the part of litigants in being present when cases in which they are interested are being proceeded with, nevertheless, if the court or an officer of the court by their conduct has misled parties as to the time cases will be tried, the absence of such parties will i>e excused.</p> <p>5. Same.</p> <p>Record examined, and held, the petition to vacate the judgment states facts sufficient to entitle the defendant to relief.</p> <p>(Syllabus by Thompson, 0.)</p>

<p>1. Forcible Entry and Detainer — JJefense —Verbal Agreement — Province of Jury.</p> <p>In an action under the forcible entry and unlawful detainer act, where the defendant interposes a verbal agreement as his defense, ■the facts and circumstances of such agreement are for the jury to determine under proper instructions of the court.; ’</p> <p>2. Same — Verbal Extension of Lease.</p> <p>■ Where the plaintiff in such an action show's that the defendant was his tenant during the year 1919 under a written contract, which provided that the term of the contract commenced January 1, 1919, and ended December 31, 1919, and the tenancy should terminate on last date without further notice, a verbal agreement before the end of the year to rent the land for the year 1920 does not affect the terms of the contract and does not involve the tenancy of said contract, but creates a new tenancy to commence after the expiration of the first, and in such a case it is error for the court to take the issues of fact from the jury.</p> <p>(Syllabus by Threadgill, 0.)</p>

<p>Error from District Court, Okfuskee County; Lucien B. Wright, Judge.</p> <p>Action, by Jeremiah E. Foreman against Tom Dooley. From the judgment, defendant appeals.</p>

Commissioners’ Opinion, Division No. 2. Error from District Court, Choctaw County; Á. A. McDonald, Judge. Action by O. F. Bordner against Robert Gordon for specific performance of contract' for sale of real estate. Judgment for defendant, and plaintiff brings error.

<p>1. Corporations — Shares of Stock — Stains as Personalty.</p> <p>Whenever the capital stock of any corporation is. divided into shares, and certificates therefor are issued, such shares of stock are personal property.</p> <p>2. Same — Certificate of Stock as Evidence of Property.</p> <p>A certificate of stock in a corporation 5,s merely the paper representative of an inc'or-poreal right, and stands on a footing similar to that of other muniments of title. It is not the property itself, but is merely the symbol or paper evidence of the property, shares of stock.</p> <p>3. Executors and Administrators — Situs of Property — Shares of Corporate Stock.</p> <p>For the purpose of administration, the situs of shares of stock in a corporation, as evidenced by certificates of stock, is in the state in which the corporation was organized and has its place of business.</p> <p>4. Same — Estate of Nonresident — Eight of Creditors to Local Administration.</p> <p>Where a nonresident died, owning shares of stock in a corporation organized under the laws of this state and having its principal place of business in this state, and foreign administration acquired possession of the certificates of stock, the same does not affect the rights of creditors to have an administrator of the estate of said nonresident appointed in this state, who will have jurisdiction over said shares of stock, which may be subjected to payment of the indebtedness of the deceased, in this state.</p> <p>(Syllabus by Jarman. 0.)</p>

<p>Commissioners’ Opinion, Division No. 3.</p> <p>Error from District Court, Sequoyah County; E. B. Arnold, Judge.</p> <p>Action by Merchants’ National Bank of Sallisaw, Okla., against M. H. Mabry to recover on promissory note. Judgment.in favor of plaintiff, and defendant appeals.</p>

Commissioners’ Opinion. Division No. 3. ■' Error from District- Court, Texas County; Arthur G. Sutton, Judge. .. Action by Ivan S. Perkins against D. W. Melton to recover commissions on a real estate sale. Judgment for plaintiff, and defendant appeals.

Commissioners’ Opinion, Division No. 3. Error from District Court, Pittsburg County ; Harve L. Melton, Judge. Action by John B. Nale against Milton Herstein and another. Judgment for plaintiff, and from an order of the court granting defendants a new trial plaintiff appeals.

<p>Commissioners’ Opinion, Division No. 3.</p> <p>Error fr< m District Court, Okfuskee County ; Fred A. Speakman, Judge.</p> <p>Action by AVm. G. Johnston and W. Frank Davis against W. H. Dill. Judgment for plaintiffs, and defendant appeals.</p>