Thompson v. Gatlin
Court of Appeals for the Eighth Circuit
In Error to tbe United States Court in the Indian Territory.. Statement by CALDWELL, Circuit Judge: This suit was brought by Brutus E. Thompson, the plaintiff in error, against W. L. Gatlin and others, the defendants in error, in the United States court in the Indian Territory.
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In Error to tbe United States Court in the Indian Territory.. Statement by CALDWELL, Circuit Judge: This suit was brought by Brutus E. Thompson, the plaintiff in error, against W. L. Gatlin and others, the defendants in error, in the United States court in the Indian Territory. The complaint alleged that the defendants wrongfully and maliciously instituted in the United States court in. the Indian Territory an action of forcible - entry and detainer against the plaintiff to recover the possession of 200 acres of land and the houses and other improvements thereon, and that in pursuance to the…
1Opinion of the CourtCaldwell, Circuit Judge
The Code of Practice in force in the Indian Territory provides that “where the complaint contains more than one cause of action, it shall he distinctly stated in a separate paragraph and numbered.” Mansf. Dig. Ark. § 5027. The plaintiff has chosen to divide his damages into four classes or heads, and to state the specific sum claimed under each head:- (1) For the destruction of improvements and crops upon the land, the damages are alleged to be $2,089.25, but for some reason, not stated in the "complaint, a recovery of these damages “is not asked for in this suit.” (2) For being deprived of…
2Cases cited5 opinions
- Stewart v. SonnebornSupreme Court of the United States · 1879
- Closson v. StaplesSupreme Court of Vermont · 1869
- Burton v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1885
- Preston v. CooperU.S. Circuit Court for the District of Iowa · 1871
- Eisenhouer v. SteinSupreme Court of Kansas · 1887
3Cited by7 opinions
- Sawyer v. ShickSupreme Court of Oklahoma · 1911
- Pritchett v. SullivanCourt of Appeals for the Eighth Circuit · 1910
- Sanders v. ClineSupreme Court of Oklahoma · 1908
- Fishencord v. PetersonSupreme Court of Oklahoma · 1935
- Battle v. AtkinsonU.S. Circuit Court for the District of Eastern Arkansas · 1902
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