103 P. 608 | Okla. | 1909
This is an action for an injunction originally brought in the United States Court for the Western District of the Indian Territory at Tulsa by plaintiff in error against defendant in error. Trial in that court resulted in a judgment dismissing the petition of plaintiff in error. Judgment was rendered therein on the 11th day of November, 1907, before the admission of the state. Plaintiff in error has attempted to bring that judgment to this court for review by proceeding in error filed herein on April 10, 1908.
Defendant in error objects in its brief to the jurisdiction of this court to review by this proceeding the judgment of the trial *324
court. The question presented by the contention of defendant in error has been several times before this court for consideration, and it has been several times held that the federal appellate procedure in force in the Indian Territory prior to the admission of the state governs and controls proceedings for the review of judgments rendered in the court of that territory before the admission of the state.Moberly v. Roth,
Under the rule of the foregoing cases, this cause must be dismissed, and it is so ordered.
Dunn, Turner and Williams, JJ., concur; Kane, C. J., not sitting.