Davenport v. Buffington
Court Of Appeals Of Indian Territory
Appeal from the United States court for the Northern district. Wm, M. Springer, Judge. T. M. Buffington, as mayor of the corporate town of Downingville, together with others, filed a bill in equity asking for an injunction restraining James S, Davenport from building in and fencing part of the park. Defendant filed a demurrer, which was overruled. Defendant appeals.
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Appeal from the United States court for the Northern district. Wm, M. Springer, Judge. T. M. Buffington, as mayor of the corporate town of Downingville, together with others, filed a bill in equity asking for an injunction restraining James S, Davenport from building in and fencing part of the park. Defendant filed a demurrer, which was overruled. Defendant appeals. This was a bill in equity, brought by T. M. Buffington, who is described as mayor of the corporate town of Down-ingville, Ind. Ter., J. C. Gray, T. F. Thompson, and W. H. Tarrant against J. íá. Davenport. The three first named…
1Opinion of the CourtTownsend, J.
(after stating the facts ) The appellant has assigned two specifications of error, as follows: (1) 1 ‘The court erred in overruling the demurrer of the defendant to the complaint of the plaintiff.” (2) “The court *430erred in overruling the defendant’s demurrer, and granting a perpetual injunction against said defendant. ’ ’
It is hardly necessary at this túne, since the abolition of the Indian courts, to discuss the first and third grounds of demurrer, that go to the joining of W. H. Tarrant as a plaintiff, in order to give the United States Court jurisdiction, Tarrant being a United States…
2Cases cited7 opinions
- Newmeyer v. Mo. & Miss. R. R.Supreme Court of Missouri · 1873
- Wheeler v. BedfordSupreme Court of Connecticut · 1886
- County of Harris v. TaylorTexas Supreme Court · 1883
- Town of Jacksonport v. WatsonSupreme Court of Arkansas · 1878
- Brown v. ManningOhio Supreme Court · 1834
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Hampton v. Oklahoma CitySupreme Court of Oklahoma · 1932
- Choctaw, Oklahoma & Gulf Railroad v. NicholasCourt Of Appeals Of Indian Territory · 1899
- Zevely v. WeimerCourt Of Appeals Of Indian Territory · 1904