Choctaw, O. G. R. Co. v. Burgess
Supreme Court of Oklahoma
Error to the United States Court for the Eastern District of the Indian Territory. Action by Myra Burgess against the Choctaw, Oklahoma & Gulf Bailroacl Company. Judgment for plaintiff. Defendant brings error.
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Error to the United States Court for the Eastern District of the Indian Territory. Action by Myra Burgess against the Choctaw, Oklahoma & Gulf Bailroacl Company. Judgment for plaintiff. Defendant brings error. This cause came to this court from the United States Court of Appeals for the Indian Territory by virtue of the terms of the enabling act (Act June 16, 1906, c. 3335, 34 Stat. 267), being one of the causes pending on the docket of said court not finally disposed of at the admission of the state into the Union. The petition or complaint of the defendant in error, the plaintiff in the…
1Opinion of the CourtWilliams, C. J.
(after stating the facts as aboye) . The only question to be determined in this court is whether or not the. plaintiff in error has’ waived its right to have this' cause transferred to the United States Circuit Court for the Eastern District of the State of Oklahoma. Section 16 of the enabling act (Act June 16, 1906, c. 3335, 34 Stat. 276) provides:
“All cases pending in the Supreme and district court of Oklahoma Territory arising under the Constitution, laws, or treaties of the United States, * * * and in all cases where there is a controversy between citizens of said territories prior to the…
2Cases cited17 opinions
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