Legal Opinion

Davenport v. Buffington

Court of Appeals for the Eighth Circuit

Decided October 16, 1899No. 1,177PublishedCited by 30 opinions

Appeal from the United States Court of Appeals in the Indian Territory. This is an appeal from a decree of the United States court of appeals in the Indian Territory, which affirmed a decree of the trial court overruling a demurrer to the complaint, and granting a perpetual injunction against the appropriation of the public parks of Vinita, in the Indian Territory, to private use.

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Appeal from the United States Court of Appeals in the Indian Territory. This is an appeal from a decree of the United States court of appeals in the Indian Territory, which affirmed a decree of the trial court overruling a demurrer to the complaint, and granting a perpetual injunction against the appropriation of the public parks of Vinita, in the Indian Territory, to private use. This was the case which the appellees presented by their bill: The Cherokee Nation, by a legislative enactment passed on December 14, 1871, reserved a tract of land one mile square at every railroad station upon its…

1Opinion of the CourtSanborn, Circuit Judge

(after stating the facts as above). When this suit was commenced the tribal courts of the Cherokee Nation had exclusive jurisdiction of all cases arising in the Cherokee country in which members of that tribe by nativity or adoption were the only parties, while the United States court in the Indian Territory had jurisdiction of every civil case arising between a citizen of the United States and any citizen or person residing in the Indian Territory. 25 Stat. 784, c. 333, §6; 26 Stat. 94, 96, c. 182, §§ 29, 31; Raymond v. Raymond, 28 C. C. A. 38, 83 Fed. 721, 723. All the parties to this suit…

2Cases cited23 opinions

  1. Monongahela Navigation Co. v. United StatesSupreme Court of the United States · 1893
  2. Crampton v. ZabriskieSupreme Court of the United States · 1880
  3. Brooklyn Park Commissioners v. ArmstrongNew York Court of Appeals · 1871
  4. Illinois Trust & Savings Bank v. City of Arkansas CityCourt of Appeals for the Eighth Circuit · 1896
  5. Mayor of Baltimore v. GillCourt of Appeals of Maryland · 1869

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

3Cited by30 opinions

  1. Kellogg v. School District No. 10 Comanche Co.Supreme Court of Oklahoma · 1903
  2. United States v. Auckland HolmesCourt of Appeals for the Seventh Circuit · 1972
  3. Kirchen v. RemengaMichigan Supreme Court · 1939
  4. Hames v. City of PolsonMontana Supreme Court · 1950
  5. Sharp v. City of GuthrieSupreme Court of Oklahoma · 1915

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

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