Apache County v. Barth
Supreme Court of the United States
APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF ARIZONA. In September, 1891, Jacob Barth commenced an action in one of the district courts of the Territory of Arizona against the board of supervisors of Apache County, in that Territory, to recover upon certain warrants which he alleged had been issued by that county during the year 1884, and of wbicb he claimed to be the owner.
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APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF ARIZONA. In September, 1891, Jacob Barth commenced an action in one of the district courts of the Territory of Arizona against the board of supervisors of Apache County, in that Territory, to recover upon certain warrants which he alleged had been issued by that county during the year 1884, and of wbicb he claimed to be the owner. Barth soon ■ thereafter died, leaving a will, which was proved in February, 1892, and by order of the court in March, 1896, the action was revived in the name of Julia Barth, the appellee, who was the executrix named…
1Opinion of the CourtJustice Peokham
The statute approved April 7, 1874, c. 80, entitled “ An act concerning the practice in territorial courts, and appeals therefrom,” 18 Stat. 27, by the second section provides:
“ That the appellate jurisdiction of the Supreme Court of the United States over the judgments and decrees of said territorial courts in cases of trial by jury shall be exercised by writ of error, and in all other cases by appeal, according to such rules ánd regulations as to form and modes of proceeding as the said Supreme Court have prescribed, or may hereafter prescribe: Provided, That on appeal, instead of the…
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