Porter v. Murphy
Court Of Appeals Of Indian Territory
Appeal from the United States Court for the Western District of the Indian Territory, before Justice Wm. R. Lawrence; February 10, 1906. • Suit by A. P. Murphy against Pleasant Porter and another. From a decree for plaintiff, defendants appeal.
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Appeal from the United States Court for the Western District of the Indian Territory, before Justice Wm. R. Lawrence; February 10, 1906. • Suit by A. P. Murphy against Pleasant Porter and another. From a decree for plaintiff, defendants appeal. The complaint in this case is as follows: “Comes the plaintiff, A. P. Murphy, and complains of the defendants, and for his cause of action states that he is a citizen of the state of Missouri, and resident of the town of Crocker, in the county of Pulaski, in said state of Missouri, and that he is now, and at all the times hereinafter mentioned, an…
1Opinion of the CourtGill, C. J.
While appellants assign 17 errors in their brief, in reality appellants group these-into 4, and, accepting this grouping, we will proceed to a discussion of the case under these four heads, reducible in fact to one, the first-, viz.: (1) Because this is an action to try title to an office. (2) Because plaintiff had a complete and adequate remedy at law. (3) Because the action is one to control the acts of an executive office of the Creek Nation and of the United States. (4) Be*424cause the court did not make the Creek Nation a party to the suit.
Counsel for appellants contend that this was an…
2Cases cited10 opinions
- United States v. HartwellSupreme Court of the United States · 1868
- Davis v. GraySupreme Court of the United States · 1873
- Hall v. WisconsinSupreme Court of the United States · 1880
- State ex rel. Reid v. WalbridgeSupreme Court of Missouri · 1894
- State ex rel. Denison v. City of St. LouisSupreme Court of Missouri · 1886
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3Cited by3 opinions
- State ex rel. Kendall v. ColeNevada Supreme Court · 1915
- McKelvy v. Choctaw Cotton Oil Co.Supreme Court of Oklahoma · 1915
- Rieger v. Pennsylvania Co., Pennsylvania Court of Common Pleas, Philadelphia County1940