Court Of Appeals Of Indian Territory, 1897

Moffitt-West Drug Co. v. Byrd

Moffitt-West Drug Co. v. Byrd
Court Of Appeals Of Indian Territory · Decided January 30, 1897 · Kilgore, Lewis
1 Indian Terr. 131; 38 S.W. 667; 1897 Indian Terr. LEXIS 34

Counsel

Turner and Burclclialter, for appellant., W. H. TiBbils (Denison é Maxey, of counsel,) foi appellee.

Moffitt-West Drug Co. v. Byrd

Opinion of the Court

Lewis, J.

Various entries and orders purporting tc have been made in the commissioner’s court appear in th< record brought to this court upon appeal, but nowhere ii such record is there a transcript of the proceedings had be fore the commissioner, certified by him. In the absence o such a transcript, so certified by the commissioner, th< jurisdiction of the United States Court for the Northern district of the Indian Territory to try this cause, and t< render jndgment upon appeal, is not shown, and consequent ly the jurisdiction of this court cannot be invoked. Wise v Yell, 7 Ark. 11; Watts vs Hill, 7 Ark. 203. The appeal i dismissed.

Kilgore, J'., concurs.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.