Legal Opinion

Utah & Northern Railway Co. v. Fisher

Idaho Supreme Court

Decided February 16, 1884PublishedCited by 10 opinions

APPEAL from District Court, Oneida County. On behalf of the appellant we submit this case upon the authority of Harkness v. Hyde, 98 U. S. 476. The court is familiar with the origin and history of that case, as well as the principles laid down in the decisions.

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APPEAL from District Court, Oneida County. On behalf of the appellant we submit this case upon the authority of Harkness v. Hyde, 98 U. S. 476. The court is familiar with the origin and history of that case, as well as the principles laid down in the decisions. We submit that if the process of the district court of the third judicial district in and for Oneida county cannot run upon the Fort Hall Indian reservation, as was held in that ease, for the same reason the taxing power of neither the county of Oneida nor the territory can extend to property situated within its limits. On behalf of…

1Opinion of the CourtPrickett, J.

This appeal has been submitted-upon briefs, without oral argument. The facts as shown by the record are that the Utah and Northern Eailway Company is a-corporation awning and operating the Utah and Northern Eailway, extending into and through the county of Oneida in this territory; that sixty-nine and eighteen one-hundrédths miles of said railway is within and upon the Fort Hall Indian reservation, a tract of land situated within the exterior boundaries of said Oneida county, but which, by an order of the President of the United States, dated July 30, 1869, in pursuance of a treaty with the…

2Cases cited5 opinions

  1. Harkness v. HydeSupreme Court of the United States · 1879
  2. Langford v. MonteithSupreme Court of the United States · 1880
  3. McCracken v. ToddSupreme Court of Kansas · 1862
  4. United States v. WardU.S. Circuit Court for the District of Kansas · 1863
  5. United States v. WardSupreme Court of Kansas · 1863

3Cited by10 opinions

  1. Penley v. Island Creek Coal Co.Court of Appeals of Virginia · 1989
  2. Robert George Wightman, Jr. v. Bureau of Alcohol, Tobacco & FirearmsCourt of Appeals for the First Circuit · 1985
  3. Dr. A. Reed Cushion Shoe Co. v. FrewU.S. Circuit Court for the District of Western New York · 1908
  4. (PC) Williams v. AdamsDistrict Court, E.D. California · 2022
  5. Greer, David AKA David Duane GreerCourt of Appeals of Texas · 2015

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