Crabtree v. Madden
Court of Appeals for the Eighth Circuit
In Error to the United States Court in the Indian Territory. Statement by SANBORN, Circuit Judge: This is a writ of error to reverse a judgment sustaining a demurrer to a complaint and dismissing an action brought in the United States court in the Indian Territory by the Creole tribe of Indians and William F. Crab-tree, as their national tax collector, plaintiffs in error, against William A. Madden, the defendant in error, to collect a tax imposed on him by that tribe.
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In Error to the United States Court in the Indian Territory. Statement by SANBORN, Circuit Judge: This is a writ of error to reverse a judgment sustaining a demurrer to a complaint and dismissing an action brought in the United States court in the Indian Territory by the Creole tribe of Indians and William F. Crab-tree, as their national tax collector, plaintiffs in error, against William A. Madden, the defendant in error, to collect a tax imposed on him by that tribe. The allegations of the complaint are that William F. Crabtree is a member and the national tax collector of the Creek tribe…
1Opinion of the Court
SANBORN, Circuit Judge,
after stating the facts as above, delivered tbe opinion of the court.
Two principal questions are presented by this record: Has this court jurisdiction to review the judgment below? and has the United States court in the Indian Territory jurisdiction to entertain an *427action for, and to enforce by its judgment the collection of, a tax imposed by a tribe of Indians residing’ in that territory, upon a citizen of the United States residing in the tribe?
As to the first question, section 13 of the act of March 3, 1891, creating the circuit courts of appeals, (26 St. p. 826,)…
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