Legal Opinion

Courtright v. City of Detroit

Supreme Court of Minnesota

Decided June 17, 1921No. 22,321PublishedCited by 1 opinion

Action in the district court for Becker county to recover $490.36 for money had and received. Defendant’s demurrer to the amended complaint on the ground that it did not state facts sufficient to constitute a cause of action, was sustained by Parsons, J. Prom the order sustaihing the demurrer, plaintiff appealed.

1Opinion of the CourtHallam, J.

The complaint alleges the following facts:

1. Detroit is situated within the boundaries of territory covered by the Chippewa Indian treaty of 1855. By the terms of that treaty, traffic in intoxicating liquor in that territory was prohibited “until otherwise provided by Congress.” Congress never “'otherwise provided.” On January 9, 1911, the Federal district court of the district of Minnesota decided that the treaty provision was repealed by the act admitting Minnesota into the Union. Gearlds v. Johnson, 183 Fed. 611. An appeal was taken to the United States Supreme Court and on June 8, 1914,…

2Cases cited5 opinions

  1. Johnson v. GearldsSupreme Court of the United States · 1914
  2. Pittsburgh & Lake Angeline Iron Co. v. Lake Superior Iron Co.Michigan Supreme Court · 1898
  3. Kenyon v. WeltyCalifornia Supreme Court · 1862
  4. Minneapolis Brewing Co. v. Village of BagleySupreme Court of Minnesota · 1919
  5. Gearlds v. JohnsonU.S. Circuit Court for the District of Minnesota · 1911

3Cited by1 opinion

  1. Nilsson v. KruegerSouth Dakota Supreme Court · 1943

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