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Barnett v. Kunkel, 264 U.S. 16 (1924)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Barnett v. Kunkel, 264 U.S. 16 (1924)
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Barnett v. Kunkel No. 134 Argued January 4, 1924 Decided February 18, 1924 264 U.S. 16
APPEAL FROM THE CIRCUIT COURT OF APPEALS
FOR THE EIGHTH CIRCUIT
Syllabus
1. The Court of its own motion will dismiss an appeal not within its jurisdiction. P. 19.
2. The federal jurisdiction of the district court must appear in the plaintiff’s statement of his case. P. 20.
3. A bill to quiet title, averring diversity of citizenship, and showing that the land in question was allotted Indian lands conveyed to plaintiff under the federal law and generally that the defendant asserts a conflicting title, but not showing that the conflict will involve the validity of conveyances made in virtue of the federal law, invokes the jurisdiction of the district court on the ground of diverse citizenship only, so that review of the decree on the merits, even though federal issues were brought in by answer and cross-bill, or at the trial, and decided, is final in the circuit court of appeals (Jud.Code, § 128) unless the Court shall grant a certiorari (id., § 240). Pp. 19-21.
4. Section 3 of the Act of June 25, 1910, authorizing appeals to this Court "in all suits affecting the allotted lands within the eastern district of Oklahoma," etc., was repealed by the Judicial Code. P. 21.
Appeal to review 283 F. 24 dismissed.
Appeal from a decree of the circuit court of appeals which affirmed a decree of the district court for the plaintiff Kunkel and the Prairie Oil and Gas Company, made defendant by a cross bill, and against the defendants and cross-plaintiffs, Barnett et al., in a suit brought by Kunkel to quiet title to a piece of land in Oklahoma. Certiorari was refused. 260 U.S. 738. A petition for rehearing was denied.
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Chicago: U.S. Supreme Court, "Syllabus," Barnett v. Kunkel, 264 U.S. 16 (1924) in 264 U.S. 16 264 U.S. 17. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=7I2I8K81Z8MY5Y1.
MLA: U.S. Supreme Court. "Syllabus." Barnett v. Kunkel, 264 U.S. 16 (1924), in 264 U.S. 16, page 264 U.S. 17. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=7I2I8K81Z8MY5Y1.
Harvard: U.S. Supreme Court, 'Syllabus' in Barnett v. Kunkel, 264 U.S. 16 (1924). cited in 1924, 264 U.S. 16, pp.264 U.S. 17. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=7I2I8K81Z8MY5Y1.
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