102 P. 186 | Okla. | 1909
This is an action in equity, brought and tried on the equity side of the docket of the United States Court for the Western District of the Indian Territory at Muskogee. Plaintiffs in error seek by writ of error to have the decree entered therein reviewed by this court.
In Porter et al. v. Brook,
In Moberly v. Roth (recently decided by this court), ante, p. 856,
But plaintiffs in error seek to have this court review by writ of error a decree in chancery. This he cannot do. Under the federal procedure which controls the mode of review in a case where judgment was rendered in a United States court of the Indian Territory a review of a decree in equity can be had only by appeal, and not by writ of error. Highland Boy GoldMin. Co. v. Strickly, 116 Fed. 852, 54 Cow. C. A. 186; Nelson etal. v. Lowndes *870 Co., 93 Fed. 538, 35 Cow. C. A. 419; McCollum v. Eager, 2 How. 61, 11 L. Ed. 179; Walker v. Dreville, 12 Wal. 440, 20 L. Ed. 429; Hayes v. Fischer,
"A decree in equity cannot be reviewed by a writ of error, nor can a judgment at law he challenged by an appeal."
It therefore follows that this proceeding must be dismissed.
All the Justices concur.