Robinson v. Belt, 1,320.
| Court | United States Courts of Appeals. United States Court of Appeals (8th Circuit) |
| Citation | 100 F. 718 |
| Docket Number | 1,320. |
| Parties | ROBINSON et al. v. BELT et al. |
| Decision Date | 12 March 1900 |
100 F. 718
ROBINSON et al.
v.
BELT et al.
No. 1,320.
United States Court of Appeals, Eighth Circuit.
March 12, 1900
William T. Hutchings, for plaintiffs in error.
Before CALDWELL, SANBORN, and THAYER, Circuit Judges.
CALDWELL, Circuit Judge, after stating the case as above, .
Every question raised by the assignments of error in this case has been determined by the judgment of this court when it was previously here (Belt v. Robinson, 63 F. 90, 11 C.C.A. 39, 27 U.S.App. 273), and by the judgment of the supreme court of Arkansas in the case of King v. Dry-Goods Co., 60 Ark. 1, 28 S.W. 514, where the validity of the same deed of trust was in issue. The act of congress adopted and put in force in the Indian Territory the Arkansas statutes, including the statute on the subject of assignments for the benefit of creditors, and we have uniformly held that it was the duty of this court and the courts in the Indian Territory to follow the construction given to those statutes by the supreme court of Arkansas. Sanger v. Flow, 1 C.C.A. 56, 48 F. 152, 4 U.S.App. 32; Appolos v. Brady, 1 C.C.A. 299, 49 F. 401, 4 U.S.App. 209. The assignments of error not covered by the opinions [100 F. 719.] in the cases referred to have not the least merit, and, on the authority of those cases, the judgments of the United States court of appeals in the Indian Territory and of the United States court for the Northern district of the Indian Territory are each affirmed.
To continue reading
Request your trial
-
St. Louis, Iron Mountain & Southern Railway Company v. Neal
...21 D. C. 499; 65 Iowa 727; 54 Am. Rep. 39; 13 N.Y.S. 540; 126 N.Y. 10; 13 L.R.A. 458; 56 Tenn. 852; 88 Va. 971; 15 L.R.A. 583; 49 F. 401; 100 F. 718; 40 C.C.A. 664. 5. It was appellant's duty to maintain the drawbars at even and uniform height. 12 Railroad Reports, 337; 46 S.E. 525; 194 U.S......
-
Steele v. Kelley, Case Number: 1506
...Robinson v. Belt, 2 Indian Terr. 360, 51 S.W. 975; Blaylock v. Incorporated Town of Muskogee, 117 F. 125, 54 C.C.A. 639; Robinson v. Belt, 100 F. 718, 40 C.C.A. 664; Sanger v. Flow, 48 F. 152, 1 C.C.A. 56; Robinson v. Belt, 187 U.S. 41, 23 S. Ct. 16, 47 L. Ed. 65; National Live Stock Commis......
-
Richardson v. United States
...in the court of claims. Gibson v. U.S., 166 U.S. 269, 17 Sup.Ct. 578, 21 L.Ed. 996. Acts done in the proper exercise of governmental [100 F. 718.] powers, and not directly encroaching upon private property, although their consequences may impair its use, are not a taking within the meaning ......
-
Mercantile Trust Co. v. Olsan, 6201.
...is a part of the statute. Willis v. Eastern Trust & Banking Co., 169 U.S. 295, 18 Sup.Ct. 347, 42 L.Ed. 752; J. M. Robertson & Co. v. Bilt, 100 F. 718, 40 C.C.A. affirmed 187 U.S. 41, 23 Sup.Ct. 16, 47 L.Ed. 65; Blaylock v. Town of Muskogee, 117 F. 125, 54 C.C.A. 639. Counsel for plaintiff ......
-
St. Louis, Iron Mountain & Southern Railway Company v. Neal
...21 D. C. 499; 65 Iowa 727; 54 Am. Rep. 39; 13 N.Y.S. 540; 126 N.Y. 10; 13 L.R.A. 458; 56 Tenn. 852; 88 Va. 971; 15 L.R.A. 583; 49 F. 401; 100 F. 718; 40 C.C.A. 664. 5. It was appellant's duty to maintain the drawbars at even and uniform height. 12 Railroad Reports, 337; 46 S.E. 525; 194 U.S......
-
Steele v. Kelley, Case Number: 1506
...Robinson v. Belt, 2 Indian Terr. 360, 51 S.W. 975; Blaylock v. Incorporated Town of Muskogee, 117 F. 125, 54 C.C.A. 639; Robinson v. Belt, 100 F. 718, 40 C.C.A. 664; Sanger v. Flow, 48 F. 152, 1 C.C.A. 56; Robinson v. Belt, 187 U.S. 41, 23 S. Ct. 16, 47 L. Ed. 65; National Live Stock Commis......
-
Richardson v. United States
...in the court of claims. Gibson v. U.S., 166 U.S. 269, 17 Sup.Ct. 578, 21 L.Ed. 996. Acts done in the proper exercise of governmental [100 F. 718.] powers, and not directly encroaching upon private property, although their consequences may impair its use, are not a taking within the meaning ......
-
Mercantile Trust Co. v. Olsan, 6201.
...is a part of the statute. Willis v. Eastern Trust & Banking Co., 169 U.S. 295, 18 Sup.Ct. 347, 42 L.Ed. 752; J. M. Robertson & Co. v. Bilt, 100 F. 718, 40 C.C.A. affirmed 187 U.S. 41, 23 Sup.Ct. 16, 47 L.Ed. 65; Blaylock v. Town of Muskogee, 117 F. 125, 54 C.C.A. 639. Counsel for plaintiff ......