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Missouri, Kansas & Texas Railway Co. v. Joyce

Mo., Kan. & Tex. Ry. Co. v. Joyce, 76 S.W. 1104 (Ct. App. Ind. Terr. 1903)
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Court
Court Of Appeals Of Indian Territory · Historical Federal Courts
Decided
September 23, 1903
Judges
Gill, Townsend
Citations
76 S.W. 11045 Indian Terr. 241903 Indian Terr. LEXIS 285 Indian Terr. 261903 Indian Terr. LEXIS 29
Headnotes
1. Mayor’s Court — Appeal—Jurisdictional Amount. An appeal may be taken from a mayor’s court to the District Courts regardless of the amount of judgment or amount in controversy.
Summary
Appeal from the United States Court for the Central District. Wm. H. H. Clayton, Judge. Action by A. C. Joyce against the Missouri, Kansas & Texas Railway Company, involving identically the same question as decided at this term in the case of Missouri, Kansas & Texas Railway Co. vs Phelps, 4 Ind. Ter. Rep. (76 S. W. 285). The amount claimed in this case was $20, and it was tried in the mayor’s court of Durant, Ind. Ter. Judgment was rendered against appellant for $12. The case was regularly appealed to the United States Court for the Central district, and, upon motion by appellee to dismiss the case in said court, the same was dismissed because the amount in controversy did not exceed $20, exclusive of costs. From this dismissal, appeal was taken to this court.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Gill

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Gill, C. J.

The case should be reversed, in accordance with the opinion heretofore handed down at this term in Missouri, Kansas & Texas Railway Co. vs Phelps 4 Ind. Ter. Rep. ( 76 S. W. 285 ). Reversed and remanded, with directions to the lower court to overrule the motion to dismiss the appeal and proceed with the case on its merits.

Raymond ahd Townsend, JJ., concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1908: 119082026peak 1908 · 1

Relies on it most ⓘ

  1. Baker v. Marcum Toomer1908 OK 171, 97 P. 572

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  1. Baker v. Marcum Toomer1908 OK 171, 97 P. 572

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Authorities cited 1

DepthCaseCited by
Mo., Kan. & Tex. Ry. Co. v. Phelps, 76 S.W. 285 (Ct. App. Ind. Terr. 1903) 2

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