Legal Opinion

Leak Glove Manuf'g Co. v. Needles

Court of Appeals for the Eighth Circuit

Decided June 4, 1895No. 573PublishedCited by 6 opinions

In Error to the United States Court in the Indian Territory. This was an action by the Leak G-love Manufacturing Company, for the use of J. P. Baden, and J. P. Baden, against Thomas B. Needles, United States marshal for the Indian Territory, and others, for a failure to execute process. Judgment was rendered for the defendants in the United States court in the Indian Territory. Plaintiffs bring error.

1Opinion of the Court

CALDWELL, Circuit Judge.

The Indian Territory was without a government, except such as obtained among the several Indian tribes and nations occupying the country. The jurisdiction of the Indian courts was restricted to Indians. There was no court which could exercise civil jurisdiction over white men or their property. Out of deference to treaty obligations, probably, congress forebore to give that territory the customary territorial government. It is still without an executive or legislative department. The act of congress of Starch 1, 1889, c. 333 (25 Stat. 783), provided for the appointment…

2Cases cited8 opinions

  1. Sanger v. FlowCourt of Appeals for the Eighth Circuit · 1891
  2. Hawkins v. TaylorSupreme Court of Arkansas · 1892
  3. Gwin v. BreedloveSupreme Court of the United States · 1844
  4. Walker v. CollinsCourt of Appeals for the Eighth Circuit · 1893
  5. William M. Gwin, Late Marshal, and Jacob S. Yerger and Robert Hughes, His Sureties, in Error v. C. T. And A. Barton, in ErrorSupreme Court of the United States · 1847

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3Cited by6 opinions

  1. McCullough v. SmithCourt of Appeals for the Eighth Circuit · 1917
  2. Chapple v. GidneySupreme Court of Oklahoma · 1913
  3. Roubedeaux v. Quaker Oil & Gas Co. of OklahomaCourt of Appeals for the Eighth Circuit · 1927
  4. Eysenbach v. NaharkeySupreme Court of Oklahoma · 1926
  5. Grubbs v. NeedlesCourt of Appeals for the Eighth Circuit · 1895

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