Legal Opinion

Carlisle v. McAlester

Court Of Appeals Of Indian Territory

Decided October 26, 1899Published

Appeal from the United States Court for the Northern District. W. M. Springer, Judge. Action by T. J. Carlisle and another against James J. McAlester and others. , Judgment for defendants Plaintiffs appeal.

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Appeal from the United States Court for the Northern District. W. M. Springer, Judge. Action by T. J. Carlisle and another against James J. McAlester and others. , Judgment for defendants Plaintiffs appeal. Op April 26, 1895, this action was commenced by plaintiffs, appellants here, who allege in their complaint: That they and S. C. Blake, F. L. Blake, and N. C. Blake composed’the firm of S. C. Blake & Co., and that the defendant James J. McAlester was appointed United' States marshal, and that he executed a bond for the faithful performance of his duties, with the other defendants, appellees…

1Opinion of the CourtTownsend, J.

The appellants have filed five specifications of error, which are as follows: ‘.‘The court below erred: First, in overruling plaintiffs motion for new trial; second, in sustaining the demurrer of the defendants to the original complaint of the plaintiffs; third, in instructing the jury, at the conclusion of the testimony of T. J. Carlisle, to *169return a verdict for the defendants; fourth, in refusing to set aside the verdict because it was contrary to the evidence; fifth, in refusing to set aside the verdict because it was contrary to the law.

There are discussed in this case by counsel…

2Cases cited17 opinions

  1. Raborg v. PeytonSupreme Court of the United States · 1817
  2. Murray v. MurrayNew York Court of Chancery · 1821
  3. H. H. Rowland & Bro. v. MurphyTexas Supreme Court · 1886
  4. Sirrine v. BriggsMichigan Supreme Court · 1875
  5. Murrill v. NeillSupreme Court of the United States · 1850

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