Legal Opinion · Concurrence

Zevely v. Weimer

Court Of Appeals Of Indian Territory

Decided October 19, 1904Published

Appeal from the United States Court for the Central District. William H. H. Clayton. Judge. Action by W. G. Weimer and others against J. W. Zevely and others for an injunction. Judgment for plaintiffs. Defendants appeal.

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Appeal from the United States Court for the Central District. William H. H. Clayton. Judge. Action by W. G. Weimer and others against J. W. Zevely and others for an injunction. Judgment for plaintiffs. Defendants appeal. The plaintiffs below (appellees here) filed their complaint in equity on May 5, 1903, against the defendants below (appellants here), and alleged that they are citizens of the United States, residing and carrying on business within the city of South McAlester; that said city of South McAlester has been duly incorporated; and that plaintiffs, and each of them, are engaged in…

1Concurrence

Gill, J.,

concurs in the judgment of the court.in reversing the lower court, but does not assent to either the reasons assigned in the opinion for the reversal, nor certain conclusions reached therein by the court, and assigns his reasons as follows:

A complete statement of the case is found in the opinion of the court preceding, and I will but summarize. Appellees are *676named plaintiffs in the complaint as W. G. Weimer, S. G. Holmes, Townsend Wholesale Grocery Company, a corporation, Arcade Dry Goods Company, a corporation, Herman Levin, Stewart & Nichols, a partnership, the P. A. Vance Grocery…

2Cases cited10 opinions

  1. United States v. TynenSupreme Court of the United States · 1871
  2. Bates v. ClarkSupreme Court of the United States · 1877
  3. Davenport v. BuffingtonCourt of Appeals for the Eighth Circuit · 1899
  4. Maxey v. WrightCourt Of Appeals Of Indian Territory · 1900
  5. Hockett v. AlstonCourt of Appeals for the Eighth Circuit · 1901

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