Legal Opinion

Daniels v. Miller

Court Of Appeals Of Indian Territory

Decided September 25, 1902Published

Appeal from the United States Court for the Northern District. Joseph A. Gill, Judge. Action to recover possession of land by John L. Miller and the Cherokee Nation against Henry Daniels and othérs. Judgment for plaintiffs. Defendants appeal. This action was instituted on December 27, 1899, by the plaintiffs (appellees here), against the defendants (appellants here) to recover the possession of a certain farm or improvement described.

Read the full summary

Appeal from the United States Court for the Northern District. Joseph A. Gill, Judge. Action to recover possession of land by John L. Miller and the Cherokee Nation against Henry Daniels and othérs. Judgment for plaintiffs. Defendants appeal. This action was instituted on December 27, 1899, by the plaintiffs (appellees here), against the defendants (appellants here) to recover the possession of a certain farm or improvement described. Plaintiffs allege that plaintiff Miller is a Cherokee citizen, and that the defendant Daniels are not citizens or members of any tribe, and that the citizenship…

1Opinion of the CourtTownsend, J.

Appellants have filed two assignments of error, as follows: “(1) In overruling the fourth ground of demurrer to the plaintiffs' complaint for two reasons, viz.: (a) There is a misjoinder of parties plaintiff; (b) the complaint does not state facts sufficient to constitute a cause of action. (2) In sustaining the demurrer to the answer of Charlie and Mollie Miller.” The appellee has failed to file a brief in this action and present any authority for the institution of this suit in the manner the same has been instituted. If there is any other statute than the act of June 28, 1898, known as the…

2Cases cited3 opinions

  1. Gossett v. KentSupreme Court of Arkansas · 1858
  2. Christian v. CrockerSupreme Court of Arkansas · 1869
  3. Hanks v. HendricksCourt Of Appeals Of Indian Territory · 1900

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API