BROADWELL
v.
BOARD OF COUNTY COMMISSIONERS OF CARTER COUNTY, OKLAHOMA

U.S. | 1920-04-26
No. 289
253 U.S. 25 Supreme Court of the United States (1920) Positive Treatment
Also reported at: 40 S. Ct. 422 · 64 L. Ed. 759 · 1920 U.S. LEXIS 1487 · SCDB 1919-087
Cited by 4 cases
Opinion of the Court
Mr. Justice Van Devanter

Mr. Justice Van Devanter delivered the opinion of the court.

This is a proceeding to recover moneys charged to have been paid under compulsion by a number of Choctaw and Chickasaw Indians to Carter County, Oklahoma, as taxes on allotted lands which were nontaxable. The county commissioners disallowed the claim; the district court of the county to which the claimants appealed sustained a demurrer to their petition and rendered judgment against them, and the Supreme Court affirmed the judgment. 71 Oklahoma, —. The total amount claimed is $22,455.99, aside from interest.

The case as presented here is in all material respects like Ward v. Love County, just decided, ante, 17, and its decision properly may be rested on the opinion in that case.

Motion to dismiss denied.

Judgment reversed.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Great N. Life Ins. Co. v. Read, 322 U.S. 47 (U.S. 1944)
    …mpare Louisiana v. Jumel, 107 U. S. 711, 726. Board of Commissioners v. Ward, 68 Okla. 287, 288, 173 P. 1050; Broadwell v. Board of Commissioners, 71 Okla. 162, 163, 175 P. 828; cf. Ward v. Love County, 253 U. S. 17, 22; Broadwell v. Carter County, 253 U. S. 25; Carpenter v. Shaw, 280 U. S. 363, 369; Railroad Co. v. Commissioners, 98 U. S. 541, 544; Stratton v. St. Louis S. W. Ry. Co., 284 U. S. 530, 532. Keifer & Keifer v. R. F. C., 306 U. S. 381, is not to the contrary. When authority to sue is given, t…
  • United States v. Dewey Cnty. (D.S.D. 1926)
    …Indians by coercive means — by compulsion. The county and its officers could not reasonably have regarded it otherwise. Ward v. Love County, 253 U. S. 24, 40 S. Ct. 419, 64 L. Ed. 751. As was further said in Ward v. Love County, supra, at page 24 (40 S. Ct. 422): “It is a well-settled rule that ‘money got through imposition’ may be recovered back; and, as this court has said on several occasions, ‘the obligation to do justice rests upon all persons, natural and artificial, and if a county obtains the money…

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