Mehlin v. Ice
Court of Appeals for the Eighth Circuit
In Error to the United States Court in the Indian Territory. Action of forcible entry and .detainer by Joshua H. Ice against James G. Mehlin and others. There was judgment for plaintiff, and defendants bring error. Statement by CALDWELL, Circuit Judge: On tlie 10th day oí May, 1892, Joshua IT.
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In Error to the United States Court in the Indian Territory. Action of forcible entry and .detainer by Joshua H. Ice against James G. Mehlin and others. There was judgment for plaintiff, and defendants bring error. Statement by CALDWELL, Circuit Judge: On tlie 10th day oí May, 1892, Joshua IT. Ice, the plaintiff below, and the defendant in error in this court, brought an action of forcible entry and detainer in the United States court for the Indian Territory, against James G. Meldm, John Ketchem, and Terry Totter, to recover the possession of 330 acres of land in the Cherokee Nation, and…
1Opinion of the Court
CALDWELL, Circuit Judge,
(after stating the facts.) Whatever the defendants below did in the way of putting the plaintiff out of the possession of the premises was done in obedience to the command of the writ issued by the clerk of the district court of the proper district of the Cherokee Nation. If this was a valid process, it constitutes a complete defense to this action. The proceedings before the clerk which led up to the issuance of the writ 'were had after due notice to the defendant in that action, and conformed to the requirements of the statute law of the nation, and the writ was in…
2Cases cited16 opinions
- Clark v. BarnardSupreme Court of the United States · 1883
- Beers Ex Rel. Platenius v. ArkansasSupreme Court of the United States · 1858
- St. Louis & San Francisco Railway Co. v. McBrideSupreme Court of the United States · 1891
- Somerville's Executors v. HamiltonSupreme Court of the United States · 1819
- Shutte v. ThompsonSupreme Court of the United States · 1873
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3Cited by26 opinions
- Buster v. WrightCourt of Appeals for the Eighth Circuit · 1905
- Standley v. RobertsCourt of Appeals for the Eighth Circuit · 1894
- Ex Parte HudsonCourt of Criminal Appeals of Oklahoma · 1910
- Tracy v. Superior CourtArizona Supreme Court · 1991
- Thebo v. Choctaw Tribe of IndiansCourt of Appeals for the Eighth Circuit · 1895
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