Doherty v. Arkansas & Oklahoma Railroad
Court Of Appeals Of Indian Territory
Appeal from the United States Court for the Northern District. Joseph A. Gill, Judge. Action by the Arkansas & Oklahoma Railroad Company against W. H. Doherty. Judgment for plaintiff. Defendant appeals.
Read the full summary
Appeal from the United States Court for the Northern District. Joseph A. Gill, Judge. Action by the Arkansas & Oklahoma Railroad Company against W. H. Doherty. Judgment for plaintiff. Defendant appeals. On the 18th day of November, 1901, plaintiff below (appellee here) filed its complaint, and alleged that it is a corporation, and that the defendant below (appellant here) is indebted to plaintiff in the sum of $650, with interest from December 31, 1900, upon a subscription made by defendant, which is lost, in consideration that plaintiff should extend its line into the Cherokee Nation, and…
1Opinion of the CourtTownseND, J.
The appellant has filed assignments of error, containing 18 specifications, in which objection was niade and exceptions saved, the first of which is that “the court erred in refusing to direct the jury to return a verdict for defendant.” Appellant insists under this specification, first, that the building of its road into the Indian Territory by plaintiff was ultra vires, and that neither the building of it nor an obligation so to do *543would support a promise to pay to plaintiff for so doing; the appellant insisting that, because the charter of the company, as applied for and granted in the…
2Cases cited14 opinions
- Central Transportation Co. v. Pullman's Palace Car Co.Supreme Court of the United States · 1891
- Marie v. . GarrisonNew York Court of Appeals · 1880
- Davis v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1881
- Catlett v. Railway Co.Supreme Court of Arkansas · 1893
- De La Vergne Refrigerating MacHine Co. v. German Savings InstitutionSupreme Court of the United States · 1899
9 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Pearson v. Yoder Et Ux.Supreme Court of Oklahoma · 1913
- Riddle v. HudsonSupreme Court of Oklahoma · 1917
- Farrington v. StuckeyCourt Of Appeals Of Indian Territory · 1907