TaiLexi AI U.S. Case Law

Comstock v. Eagleton

Comstock v. Eagleton, 196 U.S. 99 (1905)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Supreme Court of the United States
Decided
January 3, 1905
Docket
No. 105
Judges
The Chief Justice: This Was an Action Brought by Comstock Against Eagleton in the District Court of Pawnee County
Citations
196 U.S. 9925 S. Ct. 21049 L. Ed. 4021905 U.S. LEXIS 880
Syllabus
Under § 9, act of May 2, 1890, 26 Stat. 81, c. 182, final judgments of the Supreme Court of the Territory of Oklahoma in actions at law can only be revised by this court as are judgments of the Circuit Courts of the United States in similar actions — by writ of error and not by appeal.
Summary
APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF OKLAHOMA. The facts are stated in the opinion.

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

Opinion

The Chief Justice:

This was an action brought by Com-stock against Eagleton in the District Court of Pawnee County, Oklahoma, to recover damages .for false imprisonment in the sum of $5,317.50.

The petition was demurred to on the ground that it did not state facts sufficient to constitute a cause of action, the demurrer was sustained, and the petition dismissed with costs. The case tvas then carried to the Supreme Court of Oklahoma on-error, and the judgment affirmed. 11 Oklahoma, 487.

From the judgment of affirmance this appeal was allowed and prosecuted to this court.

By section 9 of the "Act to provide a temporary government for the Territory of Oklahoma,” approved May 2, 1890, 26 Stat. 81 , c. 182, it was provided that “where the value of the property or the amount in controversy” exceeded five thousand dollars, “writs of error and appeals from the final decisions of said Supreme Court shall be allowed and may be *100 taken to the Supreme Court of the United States in the same manner and under the same regulations as from the Circuit Courts of the United States.”

Final judgments of the Circuit Courts of the United States in actions at law can only be revised on writs of error.

Deland v. Platte County, 155 U. S. 221 ;

Met. Railroad Company v. District of Columbia, 195 U. S. 322 ;

Bevins v. Ramsey, 11 How. 185 ;

Sarchet v. United States, 12 Pet. 143 .

Appeal dismissed.

How later courts describe this case

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

1905: 21906: 11907: 11955: 119052026peak 1905 · 2

Relies on it most ⓘ

  1. Quindlen v. Hirschi1955 OK 164, 284 P.2d 723
  2. National Live Stock Bank v. First National Bank203 U.S. 296 (1906)
  3. Oklahoma City v. McMaster196 U.S. 529 (1905)
  4. Behn, Meyer & Co. v. Campbell & Go Tauco205 U.S. 403 (1907)
  5. Behn v. Campbell200 U.S. 611 (1905)

Most recent

  1. Quindlen v. Hirschi1955 OK 164, 284 P.2d 723
  2. Behn, Meyer & Co. v. Campbell & Go Tauco205 U.S. 403 (1907)
  3. National Live Stock Bank v. First National Bank203 U.S. 296 (1906)
  4. Behn v. Campbell200 U.S. 611 (1905)
  5. Oklahoma City v. McMaster196 U.S. 529 (1905)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 4

DepthCaseCited by
Metro. R.R. v. Dist. of Columbia, 195 U.S. 322 (1904) 41
Sarchet v. United States, 37 U.S. (12 Pet.) 143 (1838) 10
Deland v. Platte Cnty., 155 U.S. 221 (1894) 9
Bevins & Earle ex rel. Earle v. Ramsey, 52 U.S. (11 How.) 185 (1851) 6

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list