Legal Opinion

Nivens v. Nivens

Court Of Appeals Of Indian Territory

Decided October 5, 1901PublishedCited by 3 opinions

Appeal from the United States Court for the Northern District. John R. Thomas, Judge. Suit for an injunction and an accounting by Bettie Nivens against Julia Nivens. An order was made refusing an injunction and appointing the defendant a receiver, and referring the case to 'the master in chancery.

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Appeal from the United States Court for the Northern District. John R. Thomas, Judge. Suit for an injunction and an accounting by Bettie Nivens against Julia Nivens. An order was made refusing an injunction and appointing the defendant a receiver, and referring the case to 'the master in chancery. From an order overruling exceptions to the master’s report and confirming such report, defendant appeals. s The plaintiff below (appellee here) filed her complaint in the Northern district against the defendant below (appellant here) December 6, 1898, and alleged that Moses Nivens died in the year…

1Opinion of the CourtTownsend, C. J.

The appellee, in her brief, insists that the judgment of the court below should be affirmed because of the failure of appellant to make assignment of errors as required by the second subdivision of rule 10 of this court. The language of the rule is clear, and, if the assignment of error as originally printed in appellant’s brief could alone be looked to, appellee’s contention for an affirmance of the judgment should be complied with; but should not the appellee have moved the court, upon the filing of appellant’s brief, to affirm the judgment by reason of the failure of appellant to comply…

2Cases cited1 opinion

  1. Florida Cent. & P. R. v. CuttingCourt of Appeals for the Fifth Circuit · 1895

3Cited by3 opinions

  1. Northern Texas Realty & Construction Co. v. LaryCourt of Appeals of Texas · 1911
  2. Bartlett v. Okla Oil Co.District Court, E.D. Oklahoma · 1914
  3. Finley v. ThompsonSupreme Court of Oklahoma · 1918

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