Case law

Wau-pe-man-qua v. Aldrich

28 F. 489 · U.S. Circuit Court for the District of Indiana · Jul 1, 1886

It is claimed, however, that the distinction suggested is made and established by the decision in the case of Pennock v. Commissioners, etc., 103 U. S. 44 . … The italicized clause, it must be observed, qualifies the entire proposition; and so, doubtless, it has always been competent for Indiana to send its officers, with process, criminal or civil, into the reservations and lands

Zevely v. Weimer

5 Indian Terr. 646 · Court Of Appeals Of Indian Territory · Oct 19, 1904

The United States might sell land which it holds in a state, but it would be a strange contention that this gave the purchaser any immunity from local laws or taxation. … Miller, in discussing the powers of the Postmaster General, says: “Power to establish post offices and postroads is conferred upon Congress, but the policy of the government from the time the general post office was established

Citizens' St. R. v. City Ry. Co.

56 F. 746 · U.S. Circuit Court for the District of Indiana · Jul 11, 1893

The case was as follows: An inferior county court of Georgia was empowered by the statute of the state to authorize the establishment of such ferries and bridges as it might think necessary. … If such concession were granted, it is argued that no law of the state, however clearly it might impair the obligation of contracts, would present a federal question, because the bane and antidote would go together.

Ansley v. Ainsworth

4 Indian Terr. 308 · Court Of Appeals Of Indian Territory · Sep 25, 1902

The court below, as quoted in the brief of appellees, very clearly states why such a vested right could not exist, and we approve his conclusions. … established to admit of dispute that the Indian tribes residing within the territorial limits of the United.

Raymond v. Raymond

1 Indian Terr. 334 · Court Of Appeals Of Indian Territory · Oct 3, 1896

The authorities are nearly all to that effect, and it seems to be clearly established that no one but the United States can attack such judgment even in a direct proceeding. … In that case Stearn was naturalized, returned to Germany, and claimed the rights of citizenship and immunities of a citizen of the United States.

Langford v. United States

4 Indian Terr. 567 · Court Of Appeals Of Indian Territory · Sep 23, 1903

St. 1899), provides that “a juror cannot be examined to establish, as a ground for -a new trial, except to establish, as a ground for a new trial, that the verdict was made by lot." … Dec. 191 , in which the Supreme Court of Maine holds that: “It is the duty of the counsel offering a witness to move that he be sworn, and thus be qualified to testify. * * * Thus far the counsel for the opposite party has

German American Insurance v. Paul

2 Indian Terr. 625 · Court Of Appeals Of Indian Territory · Oct 26, 1899

"We think he was clearly a qualified witness. 9. … It was contended, and fairly established, that the bulk of the property insured belonged to the plaintiff’s wife, and was her separate property, acquired before coverture.

Schneider v. Eldredge

125 F. 638 · U.S. Circuit Court for the District of Indiana · Nov 2, 1903

Plaintiff was duly appointed and qualified as administratrix of the estate of Bertha C. C. Schneider, deceased, by the probate court of La Salle county, Ill. … Clearly the probate court had original jurisdiction in that matter, as had also the circuit court of La Salle county and this court.

Carter v. United States

1 Indian Terr. 342 · Court Of Appeals Of Indian Territory · Oct 3, 1896

The exclusion from the grand jury finding the indictment of persons qualified is not one of the errors enumerated. … Unde: that section, Indians by blood, not citizens of the Unite< States, are clearly competent as petit jurors in the courts o the United States in the Indian Territory in all civil cases and in all criminal cases in which

Reeves v. Corning

51 F. 774 · U.S. Circuit Court for the District of Indiana · Aug 19, 1892

It ought not to he allowed, unless it is clearly made to appear ihat the court has been imposed upon or misled. Here no such showing is made. … The case 'last cited fully discusses the scope of the fourteenth amendment, and clearly shows that it does not limit the proper exercise of the police 'power of the states.

Leftridge v. United States

6 Indian Terr. 305 · Court Of Appeals Of Indian Territory · Nov 24, 1906

First, however, you must determine that the confessions were made; that should be established clearly and beyond a reasonable doubt — that the defendant absolutely made the confessions which have been introduced in evidence … author says: ‘-‘The general rule, however, is that the corpus delicti, taken as a whole, may be shown by any evidence which satisfies the jury beyond a reasonable doubt, whether it be direct or circumstantial; but this is qualified

Binyon v. United States

4 Indian Terr. 642 · Court Of Appeals Of Indian Territory · Sep 23, 1903

And, if this procedure is to be had under the provisions of the Revised Statutes; he is clearly correct. … It is clear that the serving of a copy of the indictment and a list of *655 witnesses upon the defendant relates entirely to the procedure, and by the act of Congress entitled “An act to amend an act entitled ‘An act to establish

Dukes v. McKenna

4 Indian Terr. 156 · Court Of Appeals Of Indian Territory · Sep 25, 1902

Thus early was it evident that the “fee simple” mentioned was a base or qualified fee. … established to admit of dispute that the Indian tribes residing withing the territorial limits of the United States are subject to their authority.”

Incorparated Town of Tahlequah v. Guinn

5 Indian Terr. 497 · Court Of Appeals Of Indian Territory · Oct 19, 1904

the contract with this water company, were acting strictly within the authority conferred by the Legislature, and, that being the case, the appellees had no authority to institute this proceeding, unless said ordinance is clearly … It is self-evident that municipal corporations cannot grant anything they do not own, and authorities to establish the proposition are quite unnecessary.

Farmers' Loan & Trust Co. v. Chicago & A. Ry. Co.

27 F. 146 · U.S. Circuit Court for the District of Indiana · Apr 8, 1886

Section 2 of article 4 of the constitution ef the United States declares that “the citizens of each state shall be entitled to all the privileges and immunities of citizens in the several states.” … A domestic corporation cannot remove from *150 the state; and if the words “a foreign corporation” he read into the statute, they are qualified by the words “bona fide resident,” and it is plain that a foreign corporation

Watkins v. United States

1 Indian Terr. 364 · Court Of Appeals Of Indian Territory · Aug 27, 1897

While the charge undertakes to present this principle of law, it falls short, we think, of presenting it clearly, affirmatively, and accurately. … Minds uneducated in the nice distinctions of the law would not be likely to discover in the charge the well-established rules relating to apparent danger.

Brown v. McNair

5 Indian Terr. 67 · Court Of Appeals Of Indian Territory · Oct 19, 1904

The record clearly shows, however, that the relation had terminated “three or four months ago” in the cases of the jurors Duke and Adams, and in the case of McCaleb “a year or more.” … biased by their former relation to one of the attorneys in the case, to the prejudice of the parties litigant — and no such state of affairs is disclosed by the record — the court below properly held that these men were qualified

Noyes v. Guy

2 Indian Terr. 205 · Court Of Appeals Of Indian Territory · Jan 12, 1899

Such agreement may be established by direct evidence, or implied by you from circumstantial evidence, if *210 the same' clearly satisfies you of the existence of the agreement. … If the evidence fails to establish either such posssession by the assignee, or such agreement, then you should find this issue for the in-terpleader.

Martin v. United States

7 Indian Terr. 451 · Court Of Appeals Of Indian Territory · Sep 26, 1907

And contends that, in order to sustain a chaige under said section, three things must be established, as follows: “First. … The evidence clearly establishes that there were several clerks in that office, either one of whom could examine the roll or consult it, whenever they had occasion to do so; that it might be said that Mr.

Moulton v. City of Evansville

25 F. 382 · U.S. Circuit Court for the District of Indiana · Nov 2, 1885

chartered company for making roads to said city, or for watering said city, and in any company authorized or empowered by the board of commissioners of Vanderburg county to build a bridge on anyroad leading to said city; and to establish … The beginning and ending of this recital clearly import a compliance with the law of 1847, and unless the meaning is modified by the other parts, the purchaser of the bonds had a right to rely on the recital as showing that