Legal Opinion

McCullough v. Smith

Court of Appeals for the Eighth Circuit

Decided June 20, 1917No. 4784PublishedCited by 10 opinions

Appeal from the District Court of the United States for the Eastern District of Oklahoma; Ralph E. Campbell, Judge. Suit in equity by W. P. McCullough and another against W. M. Smith. From a decree dismissing the bill on motion, complainants appeal.

1Opinion of the Court

SMITH, Circuit Judge.

According to the allegations of the bill, the plaintiffs W. P. McCullough and T. F. Phillips, residents and citizens of Oklahoma, and D. E. Beth, a citizen and resident of Kansas, brought this suit in equity against W. M. Smith, a citizen and resident of Kansas. The bill substantially alleges that on March 2, 1895, c. 188, Congress enacted 28 Stat. 876, 907,- as follows:

“That the allotments of land made to the Quapaw Indians, in the Indian Territory, in pursuance of an act of the Quapaw National Council, approved March twenty-third, eighteen hundred and ninety-three, be…

2Cases cited60 opinions

  1. Swift v. TysonSupreme Court of the United States · 1842
  2. Gelpcke v. DubuqueSupreme Court of the United States · 1864
  3. Brewster v. Lanyon Zinc Co.Court of Appeals for the Eighth Circuit · 1905
  4. McCullough v. VirginiaSupreme Court of the United States · 1898
  5. Guffey v. SmithSupreme Court of the United States · 1915

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3Cited by10 opinions

  1. Rich v. DonegheySupreme Court of Oklahoma · 1918
  2. Smith v. McCulloughSupreme Court of the United States · 1926
  3. Mobile Electric Co. v. City of MobileSupreme Court of Alabama · 1918
  4. Iacone v. CardilloCourt of Appeals for the Second Circuit · 1953
  5. United States v. Pan-American Petroleum Co.District Court, S.D. California · 1925

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