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Sign up freeThe Guthrie Daily Leader
Guthrie, Logan County, Oklahoma
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A writ of mandamus by Judge Gillette in a Waurika railroad damages case against Rock Island for lost goods ($19.50 and $10 judgments) compels Justice Dillard to allow appeal, as original refusal was based on amount under $20 for jury trials. Hearing set for September 16.
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A writ of mandamus issued by Judge Frank E. Gillette, of the 7th district, in a railroad case arising at Waurika, has attracted a great deal of attention from lawyers over the territory.
M. J. Graw has sued the Rock Island railroad company in a Waurika justice court for damages for goods lost in transit, and obtained judgment for $19.50 and $10 respectively in the two cases. The company failed to appear. After the judgment was given the company sought to appeal and offered bond for same. Justice Dillard refused on the ground that no appeal could be had from cases tried by jury involving less than $20. The railroad attorneys went before Judge Gillette who issued a writ of mandamus, ordering Dillard to allow the appeal and enjoining him from issuing an execution against any of the company's property. The final hearing of the case is set for September 16
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Location
Waurika, 7th District
Event Date
September 16
Story Details
M. J. Graw sued Rock Island railroad for lost goods damages in Waurika justice court, winning $19.50 and $10 judgments. Company failed to appear, then sought appeal which Justice Dillard refused for jury trials under $20. Judge Gillette issued mandamus ordering appeal allowance and enjoining execution.