Hargrove v. Cherokee Nation
Court Of Appeals Of Indian Territory
Appeal from the United States Court for the Northern District. William M. Springer, Judge. Action by the Cherokee Nation and Claude Shelton against J. S. Hargrove and others. Judgment for plaintiffs. Defendants appeal.
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Appeal from the United States Court for the Northern District. William M. Springer, Judge. Action by the Cherokee Nation and Claude Shelton against J. S. Hargrove and others. Judgment for plaintiffs. Defendants appeal. This is an action brought by the appellees, the Cherokee Nation and Claude Shelton, against the appellants, defendants in the court below, under the third section of the act of congress entitled “An act for the protection of the people of the Indian Territory, and for other purposes.” 30 Stat. 495 (Ind T. Ann. St. 1899, §§ 57q-57z20). The complaint is as follows: “Come the…
1Opinion of the CourtClayton, C. J.
Motion for new Trial Unnecessary. Misjoinder Inasmuch as all of the errors complained of are matters of law, arising upon the record without the aid of a bill of exceptions, a motion for new trial was not a necessary condition precedent to the right of appeal. Severs vs Trust Co. 1 Ind. T. 1 (35 S. W. 233;) Little vs Railway Co. 2 Ind. T. 551 (53 S. W. 331.)
There are two specifications of error: (1.) That the court erred in overruling defendants’ demurrer to the complaint; (2) that the court erred in sustaining the motion of plaintiffs for judgment on the pleadings for possssion and costs.
The…
2Cases cited2 opinions
- Little v. Atchison, Topeka & Santa Fe Railway Co.Court Of Appeals Of Indian Territory · 1899
- Severs v. Northern Trust Co.Court Of Appeals Of Indian Territory · 1896