Continued from page 28 lows: "The duties which the clerk of a state district court discharges and the services which he renders in naturalization proceedings under the naturalization act, (Act Cong. Sept. 29, 1906, c. 3592, 34 Stat. 596 (U. S. Comp. St. Supp 1909, p. 97)) are not duties imposed on nor services forming a part of the office, and the salary received as compensation therefor does not constitute compensation for extra official services, and he need not account therefor to his county, notwithstanding Const. art. 21, §§ 1, 2, providing that officers shall be paid fixed salaries and comp. Laws 1907, §§ 2057, 2062, fixing the salary of the clerk which shall constitute full compensation." It will be noted in the case at bar that the statute under which the plaintiff in error acted was not passed until after he had been inducted into office and during the time he was serving as judge of the county court. No statute of Oklahoma recognized or required the performance of the service rendered by plaintiff in error thereunder and there were no fees fixed therefor. Since this case was instituted the legislature of Oklahoma, at the special session, 1910, (Session Laws Okla., 1910, p. 129), passed a fee and salary act which provides for approving of conveyances of full-blood Indian heirs, and that the county judge shall charge and collect and account for the same, $5.00, and under the operation of this act the county judges of the state are required to report and pay into the county treasury, the moneys received for such services. The case is accordingly remanded to the district court of Hughes county, with instructions to set aside the judgment heretofore rendered and enter one in accordance with this opinion. Turner, Williams, Hays, and Kane, JJ., concur. REVIEWS. A TREATISE ON CODE PLEADING AND PRACTICE, In four volumes. By William A. Southerland, of the California Bar. Published by Bancroft-Whitney Company, Price $26. San Francisco, Cal. As our readers will recall, we opened up the subject of this great work in our last issue of this Journal. See pages 493 and 494. Since mailing the June number and the appearance of our notice of this work, we have had two attorneys to make two, almost identical statements concerning it: "Why so much of it? In four volumes!" Whatever answer the author might give, we will give this one for him:-for efficiency. While a decade or two past a work on pleading and practice might be condensed into two or even one volume. But the progress that has been made since that time and the multitude of new commercial questions that have arisen, together with the great numbers of new inventions that of necessity bring in new questions that must be discussed and often receive new applications, it would be impossible to so condense the work and not destroy much of its efficiency. The plan of the work is one in which each topic receives separate attention in treatment and each is followed by the forms incident to that topic or division of the law, a plan which adds incalculable value to the work. The rules of pleading involve a methodized body of principles which constitute a complete system of legal logic. All good pleading is in substance a syllogistic. process. No more is necessary than that which states a good cause of action or a good ground of defense as to the issues to be tried, aside from the incidental motions that may arise. This is done in this masterly work; but added thereto is the well selected forms together with the latest authorities-thus carrying the pleader through the whole field of modern law and its practice. The second volume covers 968 pages. It begins with the subject of New Trials covering the topic of Appeals from the trial courts to those of last resort, and devoting much space to the discussion of errors on appeal as well as the subjects of Injunctions and Receiverships. Volume three takes up the subject of Common Carriers and Corporations, and the actions and defenses incident to them. Divorce and the pleadings and forms incident to property rights in this class of cases receivers treatment in this volume, as well as Malicious Prosecutions. Volume four covers the field of mortgage foreclosure, both of real and personal property, and all kinds of liens. Pleadings relative to quieting title, ejectment and forcible entry and detainer are found in this volume, as well as that on eminent domain, Mandamus and Prohibition, It is not our purpose to enlogize this work at the expense of other good works on the subject, but we must say, that aside from its plan of arrangement, that it is. the most extensive and the latest work of its kind and most adapted to the practice in Oklahoma. Added to this fourth volume is a complete and scientific index covering 471 pages. AN INDEX-DIGEST OF DECISIONS Under the Federal Safety Appliance Acts. Government Printing, Washington, D. C. This is a volume prepared by direction of the Interstate Commerce Commission as a handbook for the convenience of government officials and others interested in the Safety Appliance Act and the decisions rendered pursuant to them. Space will not permit us, at this time to enter into the merits of this valuable little volume; but all attorneys interested in damage suits for or against railroads or manufacturing corporations will find this Digest of 294 pages of incalculable benefit. Address the author or Mr. E. A. Moseley for a copy. ED JEFFERSON, Guardian, Plaintiff in Error, VS. No. 916 FELIX L. WINKLER, Defendant in Error. Reversed with Instruc 1. The county court, by reason of $12, Art. 7, Constitution, has no jurisdiction in a probate proceeding by a guardian for an order of sale of his ward's real estate to hear and determine a claim of a third person to the real estate adverse to the ward. 2. By reason of §§1, 2 and 6 of ch. 199, p. 312, pt. 1. U. S. Stat. of 1907-8, the restrictions on the alienation of the allotments of minor Freedmen and minor Indians of the Creek tribe of Indians, having less than half Indian blood, are removed and allotments of such allottees may be sold under the order and supervision of the probate courts of the State. 3. A minor, within the meaning of said sections, includes males under the age of 21 years and females under the age of 18 years; and the marriage of such minor does not confer upon him or her the authority to sell his or her allotted lands independent of the jurisdiction and supervision of the probate courts of the State. ZUFALL Administratrix, VS. MASTERSON PEYTON. (Rendered July 12th, 1910.) No. 497 Error from District Court of McIntosh County. Hon. P. B. Cole, Trial Judge. Modified 1. A defendant in a suit to foreclose a vendor's lien reserved in an administratrix's deed purporting to convey to him certain lands of which he is in possession, may resist the payment of the balance of the purchase money upon the ground that said administratrix's deed was void but must in order to avail himself of that defense offer to restore the premises, together with the rents and profits accruing during the time possession was withheld. 2. A purchaser at an administrator's sale has a right to suppose that by his purchase he will obtain the title of the decedent, and if the order of sale is void then his bid or other promise to pay, is without consideration and cannot be enforced. |