Legal Opinion

Porter v. Brook

Supreme Court of Oklahoma

Decided September 10, 1908No. 855, Ind. TPublishedCited by 14 opinions

Appeal from- the United State Court for the Western District of the Indian Territory, at Mushogee; Wm. B. Lawrence, Judge. Suit by Edward Porter and others against Eck E. Brook. Judgment for defendant, and plaintiffs appeal. This is a suit in equity for partition, brought by appellants against appellee in the "United States Court of the Indian Territory at Muskogee.

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Appeal from- the United State Court for the Western District of the Indian Territory, at Mushogee; Wm. B. Lawrence, Judge. Suit by Edward Porter and others against Eck E. Brook. Judgment for defendant, and plaintiffs appeal. This is a suit in equity for partition, brought by appellants against appellee in the "United States Court of the Indian Territory at Muskogee. A linal decree dismissing plaintiff’s suit was rendered in that court on September 6, 1905, and on the 18th day of April, 190?, more than six months after the entry of the judgment appealed. from, appellants prayed for and…

1Opinion of the CourtHates, J.

A motion to dismiss the appeal in this action has been filed by defendant in error (appellee), in which he asks that the appeal be dismissed for the reason that it was not taken within six months from the date of entry of the judgment in the trial court. The court of Appeals of the Indian Territory was established by Act Con. March 1, 1895, c. 145, and by section 11 of said act (28 Stat. 698) that court was given such general superintending control over the United States Courts in the Indian Territory as wras conferred upon the Supreme Court of Arkansas over the courts of that state by the…

2Cases cited10 opinions

  1. Bankers Life Insurance v. RobbinsNebraska Supreme Court · 1899
  2. State v. Eureka Consolidated Mining Co.Nevada Supreme Court · 1872
  3. State v. AbbottNebraska Supreme Court · 1899
  4. Threadgill v. PlattU.S. Circuit Court for the District of Western Virginia · 1895
  5. State ex rel. Banks v. McClureWisconsin Supreme Court · 1895

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3Cited by14 opinions

  1. Blackburn v. MorrisonSupreme Court of Oklahoma · 1910
  2. Bellamy v. Washita Valley Telephone Co.Supreme Court of Oklahoma · 1910
  3. Atchison, T. & S. F. Ry. Co. v. LoveSupreme Court of Oklahoma · 1909
  4. Anglo-American Direct Tea Trading Co. v. CommissionerUnited States Board of Tax Appeals · 1938
  5. Moberly v. RothSupreme Court of Oklahoma · 1909

9 more not listed; retrieve them via the Exa API.

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