Standley v. Roberts
Court of Appeals for the Eighth Circuit
Appeal from the United Stales Court in the Indian Territory: Affirmed. Tlie laws of the Choctaw Nation, in the Indian Territory, provide that: “Any citizen of this nation who may find any mine or mines or mineral waters shall have the exclusive right and privilege to work the same as long as he may choose within one mile In any direction from his works or improvement; provided, however, that he does not interfere with the rights of the former settler.”
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Appeal from the United Stales Court in the Indian Territory: Affirmed. Tlie laws of the Choctaw Nation, in the Indian Territory, provide that: “Any citizen of this nation who may find any mine or mines or mineral waters shall have the exclusive right and privilege to work the same as long as he may choose within one mile In any direction from his works or improvement; provided, however, that he does not interfere with the rights of the former settler.” In 18S7 James D. Davis, a citizen of the Choctaw Nation, claimed that he had discovered a mine, in 1872, in coal claim No. 6, in Atoka county,…
1Opinion of the CourtSanborn, Circuit Judge
We are met at the threshold of this case by the objection that the order dismissing the interpleaders and the order dismissing the plaintiffs'' auxiliary petition for an injunction and vacating the temporary injunction issued, while the action between the plaintiffs and the defendant remained pending, were not final decisions, and hence were not appealable to this court. The act creating the circuit courts of appeals provides:
“That the circuit courts of ax>peals established by this act shall exorcise appellate jurisdiction to review by appeal or by writ oí error final decision in the district…
2Cases cited21 opinions
- Trustees v. GreenoughSupreme Court of the United States · 1882
- Forgay v. ConradSupreme Court of the United States · 1848
- STANTON v. Embrey, AdministratorSupreme Court of the United States · 1877
- Harkness v. HydeSupreme Court of the United States · 1879
- Hohorst v. Hamburg-American Packet Co.Supreme Court of the United States · 1893
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3Cited by80 opinions
- Santa Clara Pueblo v. MartinezSupreme Court of the United States · 1978
- Kline v. Burke Construction Co.Supreme Court of the United States · 1922
- Barber Asphalt Pav. Co. v. MorrisCourt of Appeals for the Eighth Circuit · 1904
- Merritt v. American Steel-Barge Co.Court of Appeals for the Eighth Circuit · 1897
- Buster v. WrightCourt of Appeals for the Eighth Circuit · 1905
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