Case v. Hall
Court of Appeals for the Eighth Circuit
In Error to the United States Court of Appeals in the Indian Territory. Ben Hall, the defendant in error, brought an action of unlawful detainer against George W. Case, the plaintiff in error, in the United States court in the Indian Territory, to recover the possession of three tracts of land, the same being portions of a larger tract containing some 600 acres.
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In Error to the United States Court of Appeals in the Indian Territory. Ben Hall, the defendant in error, brought an action of unlawful detainer against George W. Case, the plaintiff in error, in the United States court in the Indian Territory, to recover the possession of three tracts of land, the same being portions of a larger tract containing some 600 acres. The complaint alleged, in substance, that on March 14, 1894, Hall rented to Case a certain farm and improvements thereon, five miles south of Nowata, in the Indian Territory, containing (¡00 acres, more or less, and known as the “Hon…
1Opinion of the CourtThayer, Circuit Judge
It is urged in this court as one ground for reversal that the verdict which was reinrned in the trial court was not in the proper form, and does not adequately describe the premises which were found to have been unlawfully detained. The verdict was as follows;
“We, the jury, find the issue for the plaintiff, and assess his damage, in being kepi out of possession of the premises, at $ff00. And possession of entire farm in ten days from date. Foreman: W. W. Miller.”
The defendant below insists that the jury should have returned a verdict of guilty or not guilty, and should have assessed the…
2Cases cited4 opinions
- Cluck v. StateIndiana Supreme Court · 1872
- Jefferson City v. OpelSupreme Court of Missouri · 1878
- Dietz v. LymerCourt of Appeals for the Eighth Circuit · 1894
- Wessels v. BeemanMichigan Supreme Court · 1887
3Cited by10 opinions
- Northern Pac. Ry. Co. v. TynanCourt of Appeals for the Ninth Circuit · 1902
- Morgan v. United StatesCourt of Appeals for the Eighth Circuit · 1906
- Nolan v. United StatesCourt of Appeals for the Eighth Circuit · 1935
- F. C. Austin Mfg. Co. v. American WellworksCourt of Appeals for the Seventh Circuit · 1902
- First Nat. Bank of Denver v. WilderCourt of Appeals for the Eighth Circuit · 1900
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