Brought v. Cherokee Nation
Court Of Appeals Of Indian Territory
Appeal from tbe United States Court for the Northern District. Joseph A. Gill, Judge. Action by the Cherokee Nation against G. C. Brought and others. Judgement for plaintiff. Defendants appeal. This is an action of ejectment brought originally by one Andrew McAffrey against the appellants.
Read the full summary
Appeal from tbe United States Court for the Northern District. Joseph A. Gill, Judge. Action by the Cherokee Nation against G. C. Brought and others. Judgement for plaintiff. Defendants appeal. This is an action of ejectment brought originally by one Andrew McAffrey against the appellants. The complaint alleged that the plaintiff was a Cherokee citizen, and, as such, entitled to hold and own improvements upon the public domain of the Cherokee Nation, and that he claimed right and title to the farm and improvements sued for; that the defendants were citizens of the United States, known as…
1Opinion of the CourtClayton, J.
There was no bill of exceptions filed in this case, and, as a motion for new trial can only be brought upon the record and before us by that means, whatever the fact may be, as far as we are concerned, it must be taken that there was no motion for a new trial filed in this case. It is contended by the appellee that in such case there is nothing before us for our determination, and that therefore the appeal should be dismissed. It has been many times decided by the supreme court of Arkansas, in passing on our statute in relation to this matter, that a motion for a new trial is not necessary…
2Cases cited7 opinions
- State ex rel. Oliver v. RottakenSupreme Court of Arkansas · 1879
- Steck v. MaharSupreme Court of Arkansas · 1871
- Union County v. SmithSupreme Court of Arkansas · 1879
- Badgett v. JordanSupreme Court of Arkansas · 1877
- Merriweather v. ErwinSupreme Court of Arkansas · 1871
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Hughes Bros. Mfg. Co. v. ReaganCourt Of Appeals Of Indian Territory · 1902