Hargrove v. Cherokee Nation
Court Of Appeals Of Indian Territory
Appeal from the United States Court for the Northern District. Joseph A. Gill, Judge. Action by the Cherokee Nation against J. S. Hargrove and others. Judgment for plaintiff. Defendants appeal. On the 11th day of January, 1901, a mandate from the Court of Appeals was spread upon the records, and judgment entered in compliance with said mandate.
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Appeal from the United States Court for the Northern District. Joseph A. Gill, Judge. Action by the Cherokee Nation against J. S. Hargrove and others. Judgment for plaintiff. Defendants appeal. On the 11th day of January, 1901, a mandate from the Court of Appeals was spread upon the records, and judgment entered in compliance with said mandate. On February 2, 1901, the defendants moved to dismiss, as follows: “(1) Because the plaintiff the Cherokee Nation at no time prior to the issuing of the summons in this cause served notice on the defendants to quit possession of the land sued for. (2)…
1Opinion of the CourtTownsend, J.
The appellants have filed three specifications of error, as follows: “First, In overruling applicants’ motion to dismiss, on the grounds: Because the appellee at no time served notice on defendants to quit; because the complaint is not sworn to by the chief of the nation. Second. In overruling appellants’ demurrer to second amended complaint, which sets out that the court has no jurisdiction of the person of the defendant Conklin, or the subject of the action as to him; because the plaintiff has no legal capacity to sue defendant Conklin; because there is a defect of parties defendant; and…
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