Legal Opinion

Capital Townsite Co. v. Denton

Court Of Appeals Of Indian Territory

Decided October 27, 1906Published

Appeal from the United States Court for the Western District of the Indian Territory; before Justice Louis Sulzbacher, December 20, 1904. Action by the Capital Townsite Company against Joe Denton. From a judgment in favor of defendant, plaintiff appeals.

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Appeal from the United States Court for the Western District of the Indian Territory; before Justice Louis Sulzbacher, December 20, 1904. Action by the Capital Townsite Company against Joe Denton. From a judgment in favor of defendant, plaintiff appeals. On December 20, 1904, a mandate of the Court of Appeals of the Indian Territory was filed in the case of Joe Denton, appellant, vs Capital Townsite Company, appellee, reversing the case for error in overruling the demurrer filed to the complaint, and directing the court below to sustain the demurrer. Whereupon the court below, in obedience to…

1Opinion of the CourtTownsend, J.

(after stating the facts). We have gone through this record and examined the briefs with some degree of care, and we have discovered no sufficient reason to disturb the former action of this court. The court below, in sustaining the demurrer, complied with the order of this court (82 S. W. 852), and, the appellants declining to amend their complaint, the court very properly dismissed the case, and the said judgment of the lower court is therefore hereby affirmed.

*244Clayton and Gill, JJ., concur. Raymond, C. J., not participating.

2Cases cited1 opinion

  1. Denton v. Capital Town Site Co.Court Of Appeals Of Indian Territory · 1904

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