Kimberlin v. Commission to Five Civilized Tribes
Court of Appeals for the Eighth Circuit
In Error to the United States Court of Appeals in the Indian Territory. Mary Jane Kimberlin, a white woman, the plaintiff in error, seeks by this writ of error to obtain a writ of mandamus to the commission to the Five Civilized Tribes, commanding it to enroll her as a citizen of the Chickasaw Nation. Her right to the writ rests upon the facts disclosed hy .her amended complaint, which were admitted by a demurrer.
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In Error to the United States Court of Appeals in the Indian Territory. Mary Jane Kimberlin, a white woman, the plaintiff in error, seeks by this writ of error to obtain a writ of mandamus to the commission to the Five Civilized Tribes, commanding it to enroll her as a citizen of the Chickasaw Nation. Her right to the writ rests upon the facts disclosed hy .her amended complaint, which were admitted by a demurrer. Those facts were these; William ⅛. Kimberlin, a white man, married Lizzie Mitchell, a Chickasaw Indian by blood, in the year 1870, and she died. After her death, and in the year…
1Opinion of the CourtSanborn, Circuit Judge
The writ of mandamus issues to compel the performance of a plain duty imposed by law. Where that duty is the exercise of judgment or discretion by an officer in the decision of a question of law or fact, or both, it may issue to compel a decision, but it may not command Mm in what particular way that decision shall be rendered. When a question has been decided by the officer or person to whose judgment or discretion the law has intrusted its determination, the writ of mandamus may not issue to review or reverse that decision, or to compel another. It may issue to command judicial officers to…
2Cases cited21 opinions
- Marbury v. MadisonSupreme Court of the United States · 1803
- Kendall v. United States Ex Rel. StokesSupreme Court of the United States · 1838
- Decatur v. PauldingSupreme Court of the United States · 1840
- United States v. SchurzSupreme Court of the United States · 1880
- Butterworth v. United States Ex Rel. HoeSupreme Court of the United States · 1884
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3Cited by30 opinions
- Barber Asphalt Pav. Co. v. MorrisCourt of Appeals for the Eighth Circuit · 1904
- Norris v. Cross, Secretary of StateSupreme Court of Oklahoma · 1909
- Lovett, Creek County Com'rs v. LankfordSupreme Court of Oklahoma · 1914
- Folk v. United StatesCourt of Appeals for the Eighth Circuit · 1916
- Phillips v. ByrdSupreme Court of Oklahoma · 1914
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