United States Ex Rel. Turner v. Fisher
Supreme Court of the United States
ERROR TO THE COURT OF APPEALS OF THE DISTRICT OF COLUMBIA. In error from a judgment 6f the Court of Appeals of the District of Columbia affirming an order of the lower court refusing.to issue a writ of mandamus requiring the Secretary of'the Interior to restore the names of relators to the Freedmen Rolls of the Creek Nation, from which they had been stricken. 31 App.
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ERROR TO THE COURT OF APPEALS OF THE DISTRICT OF COLUMBIA. In error from a judgment 6f the Court of Appeals of the District of Columbia affirming an order of the lower court refusing.to issue a writ of mandamus requiring the Secretary of'the Interior to restore the names of relators to the Freedmen Rolls of the Creek Nation, from which they had been stricken. 31 App. D. C. 332, 33 Id. 195. The case is controlled by Garfield v. Goldsby, 211 U. S. 255. By approval of the rolls containing their names plaintiffs in error under the statute became entitled imme-r diately to select one hundred and…
1Opinion of the Court
Memorandum opinion by direction of the court.
By Mr. Justice Lamar.
1. Where, under the provisions of acts of Congress, and after a hearing, the names of relators were duly entered as Creek Freedmen by blood on the rolls made and ap-' proved by the Secretary of the interior, rights were acquired of which the freedmen could not be deprived without that character of notice arid opportunity to be heard essential to due process of law. Garfield v. Goldsby, 211 U. S. 249.
2. Notice to the attorney'"of such freedmen, given a few hours before the hearing of a motion" to strike their names, on the…
2Cases cited6 opinions
- Hagar v. Reclamation District No. 108Supreme Court of the United States · 1884
- In Re Sanford Fork & Tool Co.Supreme Court of the United States · 1895
- Hovey v. ElliottSupreme Court of the United States · 1897
- Iowa Central Railway Co. v. IowaSupreme Court of the United States · 1896
- Garfield v. United States Ex Rel. GoldsbySupreme Court of the United States · 1908
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3Cited by57 opinions
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- Duncan Townsite Co. v. LaneSupreme Court of the United States · 1917
- United States Ex Rel. Greathouse v. DernSupreme Court of the United States · 1933
- Ekern v. McGovernWisconsin Supreme Court · 1913
- Westerman v. MimsTexas Supreme Court · 1921
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