Legal Opinion

Howell v. Brown

Court Of Appeals Of Indian Territory

Decided October 19, 1904PublishedCited by 2 opinions

Appeal from the United States Court for the Southern District. Hosea Townsend, Judge. Action by Annie G. Brown, administratrix, against Sallie Howell and others. Judgment for plaintiff. Defendants appeal.

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Appeal from the United States Court for the Southern District. Hosea Townsend, Judge. Action by Annie G. Brown, administratrix, against Sallie Howell and others. Judgment for plaintiff. Defendants appeal. The plaintiff began her action on the 4th day of March, 1899, by filing her substituted complaint in the United States Court for the Southern District of the Indian Territory, which reads as follows: “The plaintiff alleges that she is 'a member of the Chickasaw and Choctaw Tribes of Indians, and a citizen of the United States, and that the defendants Sallie Howell and J. B. Hester are…

1Opinion of the CourtGill, J.

An examination of the complaint and supplemental complaint in this action shows it not to be an action upon a foreign judgment, but to be an action upon an account. Clearly, it is a legal action, and has in its main features no elements whatever of an equity action; nor does the judgment of the court below in any wise show that the equity features of the complaint were at any time ever passed upon or decided by the court below. The pleadings, however, do show that the complaint asks of the court below equitable relief, by way of injunction and the appointment of a receiver. While the record…

2Cases cited3 opinions

  1. Burton v. PlatterCourt of Appeals for the Eighth Circuit · 1893
  2. Sparks v. ChildersCourt Of Appeals Of Indian Territory · 1898
  3. Swinney v. KelleyCourt Of Appeals Of Indian Territory · 1903

3Cited by2 opinions

  1. Locust at Al. v. CaruthersSupreme Court of Oklahoma · 1909
  2. Harrison v. MurphySupreme Court of Oklahoma · 1912

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