Comstock v. William Eagleton

Decision Date03 January 1905
Docket NumberNo. 105,105
Citation196 U.S. 99,25 S.Ct. 210,49 L.Ed. 402
PartiesJ. O. COMSTOCK, Appt. , v. WILLIAM L. EAGLETON
CourtU.S. Supreme Court

Messrs. Andrew Wilson, Noel W. Barksdale, C. J. Wrightsman, and E. L. Fulton for appellant.

No counsel opposed.

THE CHIEF JUSTICE:

This was an action brought by Comstock 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 sustained, and the petition dismissed with costs. The case was then carried to the supreme court of Oklahoma on error, and the judgment affirmed. 11 Okla. 487, 69 Pac. 955.

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

By § 9 of the 'Act to Provide a Temporary Government for the Territory of Oklahoma,' approved May 2, 1890 (26 Stat. at L. 81, chap. 182), it was provided that 'where the value of the property or the amount in controversy' exceeded $5,000, 'writs of error and appeals from the final decisions of said supreme court shall be allowed and may be 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, 39 L. ed. 128, 15 Sup. Ct. Rep. 82; Metropolitan R. Co. v. District of Columbia, 195 U. S. 322, ante, p. 28, 25 Sup. Ct. Rep. 28; Bevins v. Ramsey, 11 How. 185, 13 L. ed. 657; Sarchet v. United States, 12 Pet. 143, 9 L. ed. 1033.

Appeal dismissed.

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4 cases
  • Behn, Meyer Co v. Campbell Go Tauco
    • United States
    • U.S. Supreme Court
    • 8 Abril 1907
    ...ed. 173, 6 Sup. Ct. Rep. 1049; Deland v. Platte County, 155 U. S. 221, 39 L. ed. 128, 15 Sup. Ct. Rep. 82; Comstock v. Eagleton, 196 U. S. 99, 49 L. ed. 402, 25 Sup. Ct. Rep. 210. The defendants, having failed in their appeal, have now brought a writ of error and ask this court to review th......
  • National Live Stock Bank of Chicago, Illinois v. First National Bank of Geneseo, Illinois
    • United States
    • U.S. Supreme Court
    • 3 Diciembre 1906
    ...that the proper way to review the judgments of the supreme court of that territory was by writ of error. Comstock v. Eagleton, 196 U. S. 99, 49 L. ed. 402, 25 Sup. Ct. Rep. 210; Oklahoma City v. McMaster, 196 U. S. 529, 49 L. ed. 587, 25 Sup. Ct. Rep. 324; Guss v. Nelson, 200 U. S. 298, 50 ......
  • Quindlen v. Hirschi
    • United States
    • Oklahoma Supreme Court
    • 31 Mayo 1955
    ...284 P.2d 723 ... 1955 OK 164 ... Alice Muriel QUINDLEN, Plaintiff in Error, ... William T. HIRSCHI, Defendant in Error ... No. 36507 ... Supreme Court of Oklahoma ... May 31, 1955 ... See Comstock v. Eagleton, 11 Okl. 487, 69 P. 955, 957; Id., 196 U.S. 99, 25 S.Ct. 210, 49 L.Ed. 402 (which case ... ...
  • City of Oklahoma City v. Frank Master
    • United States
    • U.S. Supreme Court
    • 20 Febrero 1905
    ...182), providing a territorial government for Oklahoma, and is not governed by the act of Congress of 1874. Comstock v. Eagleton, 196 U. S. 99, 25 Sup. Ct. Rep. 210, 49 L. ed. 402. The 9th section of the act of 1890 provides that writs of error and appeal from the final decision of the supre......

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