Volume 96 — Oklahoma Reports

Error from District Court. Garvin County; W. L. Eagleton, Judge. Action by W. R. Wallace against James H. Blundell, executor of last will and testament of Patsy Poff, deceased, and others. Judgment for plaintiff, and defendants bring error.

<p>Error from Superior Court, Okmulgee County; H. R. Christopher, Judge.</p> <p>Action by Nora Coursen, administratrix of estate of George W. Coursen, deceased, against the Consolidated Fuel Company. Judgment for plaintiff, and defendant brings error.</p>

Error from District Court, Craig County; A. C. Brewster, Judge. Actions by Floyd Cheek and Martin Mitsler and others against Vlrey G. Bye' and others, consolidated. Judgment for de-. fendants, and plaintiffs bring error.

Error from District Court, Tulsa County; Conn Linn, Judge. Action by Simon Lebow against Harry Stekoll, to recover damages sustained by reason of the broach of a contract. Verdict and judgment in favor of plaintiff, and defendant appeals.

H. Linebaugh, Judge. Suit by Wylie Snow, as trustee of the estate of O. H. Roe, bankrupt, against R. D. Cody and E. A. Hightower; a copart-nership doing business under the firm name and style of Cody & Hightower, and others. Judgment for defendants, and plaintiff appeals.

<p>(Syllabus.)</p> <p>1. Municipal Corporations — Sidewalks — City’s Jurisdiction to Construct on Default of Owner — Notice.</p> <p>The notice required by section 4630, Comp. Stat. 1921, of the resolution of necessity for construction of sidewalk, when served by the officer designated by the council or other governing body, gives the city authorities jurisdiction to construct the walk, and levy the assessments to pay therefor, in the event of failure of the owner to do so ds provided by the statute.</p> <p>2. Same.</p> <p>Such notice served on the secretary of a corporation, the property rwner, when me president was not found in the county in the instant ease, and corporation appeared before the council by reason of such notice, and sought apportionment of the cost of construction of the walk to another alleged property owner, held, the property owner cannot assert insufficient service to give jurisdiction to construct the walk.</p> <p>3l Dedication — Dedication of Streets by Conveyances.</p> <p>The plaintiff corporation owned the lot in front of which the defendant city sought to have constructed a sidewalk under authority of article 13 of chapter 29, Comp. Stat. 1921, wh’eh fronted on Meridian street. It had theretofore owned many other lots near it and fronting on same street which had been sold by plaintiff corporation to divers persons, and described “according to the recorded plat thereof," which showed' the street fronting the lot in question. Held, such conveyances were tantamount to a dedication of the streets to the public, whether accepted or not.</p> <p>4. Judgment Approved.</p> <p>Record examined, and held, that the judgment of the trial court denying injunction against the city, preventing the construction of the sidewalk, and levying the statutory assessment against the lot to pay therefor was proper, and is affirmed.</p>

Error from District Court, Coal County; J. H. Linebaugh, Judge. Action by the First - National Bank of Coalgate against J. -H. Morgan. Judgment for plaintiff, and from order overruling motion to vacate judgment, defendant brings error.

Error from District Court, Kiowa County; Thomas A. Edwards, Judge. Action by the Haller Proprietary Company, a corporation, against R. E. Hodges. From an order overruling motion to dissolve attachment, defendant brings error.

Original proceeding- instituted in the Supreme Court by the City of Tulsa, a mu. nici-pal corporation, et al., asking for writ of prohibition to issue against the Corporation OoinmisKion of the State of Oklahoma, and certain other defendants.

<p>Error from District Court, Creek County; Lucien B. Wright, Judge.</p> <p>Action by the Creek Ootton Oil Company against the Commercial Union Assurance Company, Ltd., of London, Eng. Judgment for plaintiff, and defendant brings error.</p>

<p>(Syllabus.)</p> <p>1. Venue — Joint Defendants — Jurisdiction of Nonresidents.</p> <p>In order to give a court jurisdiction over joint defendants who are nonresidents of the county where suit is brought and for whom summons has been issued to another county, the averments of the petition and the proof on the trial must show that the plaintiff has a valid joint cause of action against the resident defendants on whom valid service is had as well as against.the nonresident defendants.</p> <p>2. Railroads — Receivers — Powers.</p> <p>Where a receiver is appointed to take charge of and operate the property of a rail-roiad company, the property is in the possession of the court and the receiver acts for the company and has no powers except 'those conferred upon him by the orders of the court and such as may be reasonably ‘implied therefrom.</p> <p>3. Same — Parties Defendant — Jurisdiction.</p> <p>Evidence examined, and held insufficient to show that the plaintiff had a valid cause of action against the resident defendant, Ft. ¡Smith & Western Railroad Company, and, hence, the court had no jurisdiction to render judgment in the case.</p>