Hanks v. Hendricks
Court Of Appeals Of Indian Territory
Appeal from the United States Court for the Northern district. William M. Springer, Judge. Suit by Emma Hanks, as administratrix of John L. McCoy, against William H. Hendricks and others, to establish a lien, for services rendered by deceased to the Old-Settler Cherokees, on funds received from the government by defendants. Judgment in favor of defendants. Plaintiff appeals. On February 17, 1898, the appellant.
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Appeal from the United States Court for the Northern district. William M. Springer, Judge. Suit by Emma Hanks, as administratrix of John L. McCoy, against William H. Hendricks and others, to establish a lien, for services rendered by deceased to the Old-Settler Cherokees, on funds received from the government by defendants. Judgment in favor of defendants. Plaintiff appeals. On February 17, 1898, the appellant. (plaintiff below) filed her complaint in equity against the appellees (defendants below), and states: That on December 23, 1893, she was appointed by the district court of the Cherokee…
1Opinion of the CourtTownsend, J.
*422Equity will not enforce stale claims. *421The counsel for appellant, in discussing the grounds of demurrer, says the demurrer was sustained by the trial court “only upon the sixth ground thereof, yet we will dwell lightly upon the others”; and insist that, because the complaint is for advances made and services performed by plaintiff’s intestate up to his death, in 1893, and the act of congress creating the fund was approved June 30, 1894, therefore the first and second grounds of demurrer are not well taken. From an examination of the account filed and attached to complaint as Exhibit B, it ap - *422…
2Cases cited1 opinion
- United States v. Old SettlersSupreme Court of the United States · 1893
3Cited by4 opinions
- Daniels v. MillerCourt Of Appeals Of Indian Territory · 1902
- Duval v. HendricksCourt Of Appeals Of Indian Territory · 1901
- Laguna Industries, Inc. v. New Mexico Taxation & Revenue DepartmentNew Mexico Court of Appeals · 1992
- Laguna Industries, Inc. v. New Mexico Taxation & Revenue DepartmentNew Mexico Court of Appeals · 1992