Munyos v. Filmore
Court Of Appeals Of Indian Territory
Appeal from the United States Court for the Southern District. Hosea Townsend, Judge. Suit by Egenio Munyos and others against Ben Filmore and others. From an order confirming a referee’s report in favor of defendants, plaintiffs appeal.
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Appeal from the United States Court for the Southern District. Hosea Townsend, Judge. Suit by Egenio Munyos and others against Ben Filmore and others. From an order confirming a referee’s report in favor of defendants, plaintiffs appeal. The complaint in this action alleges that the plaintiffs are owners and occupants of certain described premises; plaintiffs came into possession of said premises by virtue of purchase thereof, and the improvements thereon, from John W. Light, and by purchase from Se-no-ya Aldava, approved by the Indian agents having such matters in charge; that the premises…
1Opinion of the CourtGill, C. J.
Appellees make the point that' the appeal in this case is premature, inasmuch as the judgment of thefcourt below was not upon the merits of the case, which has not yet been heard; that the parties to the action have not been dismissed nor their rights adjudicated.
*629Of course, if this be true, this appeal cannot stand, and it is useless to go into an extended discussion of the case, as, until the lower court has finally adjudicated the matter it cannot be heard in this court. Crull vs Keener, 17 Ill. 246; A. T. & S. F. R. Co. vs Brown, 26 Kan. 443; Adams vs McPherson, 2 Idaho, 855, 27 Pac. 577;…
2Cases cited7 opinions
- A. T. & S. F. Rld. Co. v. BrownSupreme Court of Kansas · 1881
- Hutchinson v. AyresIllinois Supreme Court · 1886
- Adams v. McPhersonIdaho Supreme Court · 1891
- Cabell, Basye & Co. v. PattersonCourt of Appeals of Kentucky · 1895
- Crull v. KeenerIllinois Supreme Court · 1855
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Alaska Development Co. v. BrannanWyoming Supreme Court · 1929
- Morris v. GraySupreme Court of Oklahoma · 1913