Adams v. Murphy
Court of Appeals for the Eighth Circuit
_ Appeal from the United States Court of Appeals in the Indian Territory. This is a suit in equity brought by A. P. Murphy, appellee here, against P. Porter, as principal chief of the Creek Nation, and M. L. Mott. Pending the appeal P. Porter died, and the case was revived and continued in the name of John Adams, as administrator of his estate.
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_ Appeal from the United States Court of Appeals in the Indian Territory. This is a suit in equity brought by A. P. Murphy, appellee here, against P. Porter, as principal chief of the Creek Nation, and M. L. Mott. Pending the appeal P. Porter died, and the case was revived and continued in the name of John Adams, as administrator of his estate. The bill alleges that on the 10th day of January, 1903, the defendant P. Porter, as principal chief of the Muskogee or.Creek Nation, entered into a contract in writing with complainant, employing him as national attorney for the tribe to represent it…
1Opinion of the CourtAmidon, District Judge
(after stating the facts as above). Much of the argument in this cause has been devoted to the question whether Mr. Murphy was an officer of the Creek Nation, or simply held a professional employment. It seems to us that both the statute and contract leave little room for doubt on this point. The statute authorizes the principal chief “to contract with, retain and employ an attorney at law or firm of attorneys at law.” This is wholly incompatible with the idea of office. A firm of attorneys could not hold an office. The statute also provides that the contract shall be subject to cancellation.…
2Cases cited5 opinions
- In Re AyersSupreme Court of the United States · 1887
- Louisiana v. JumelSupreme Court of the United States · 1883
- Hagood v. SouthernSupreme Court of the United States · 1886
- Hall v. WisconsinSupreme Court of the United States · 1880
- Thebo v. Choctaw Tribe of IndiansCourt of Appeals for the Eighth Circuit · 1895
3Cited by42 opinions
- United States v. United States Fidelity & Guaranty Co.Supreme Court of the United States · 1940
- Metcalf & Eddy v. MitchellSupreme Court of the United States · 1926
- Atkinson v. HaldaneAlaska Supreme Court · 1977
- Hamilton v. NakaiCourt of Appeals for the Ninth Circuit · 1971
- Madeline Colliflower v. John Garland, Sheriff of County of BlaineCourt of Appeals for the Ninth Circuit · 1965
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