Legal Opinion

Kidd v. Roberts, County Treas

Supreme Court of Oklahoma

Decided October 13, 1914No. 5863PublishedCited by 6 opinions

Brror from District Court, Craig County; Preston S. Davis, Judge. Injunction by Felix Kidd against J. V. Roberts, County Treasurer of the County of Craig. Judgment for defendant, and plaintiff brings error.

1Opinion of the CourtBleakmore, J.

This proceeding was commenced in the court below to restrain the collection of taxes assessed against certain lands, exclusive of homestead, allotted to a member of the Cherokee Tribe of Indians. The trial court sustained a demurrer to the petition, and plaintiff brings the cause here for review.

The status of the land in question, allotted to the plaintiff, is to be determined by virtue of the provisions of an act of Congress approved July 1, 1902 (32 St. at L. 716, c. 1375), known as the Cherokee Treaty, and certain other acts of Congress subsequently passed, from which we quote at length:

“Se…

2Cases cited15 opinions

  1. Choate v. TrappSupreme Court of the United States · 1912
  2. Minot v. Philadelphia, Wilmington & Baltimore RailroadSupreme Court of the United States · 1874
  3. Jefferson Branch Bank v. SkellySupreme Court of the United States · 1862
  4. Tucker v. FergusonSupreme Court of the United States · 1875
  5. Vicksburg, Shreveport & Pacific Railroad v. DennisSupreme Court of the United States · 1886

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3Cited by6 opinions

  1. Protest of First Nat. Bank of GuthrieSupreme Court of Oklahoma · 1929
  2. Kootenai County v. Seven-Seven Co.Idaho Supreme Court · 1919
  3. Wamsley v. PeopleSupreme Court of Colorado · 1918
  4. Wynn v. FugateSupreme Court of Oklahoma · 1931
  5. Rider v. HelmsSupreme Court of Oklahoma · 1915

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