Henry Gas Co. v. United States

Citations

• 191 F. 132
• 111 C.C.A. 612
• 1911 U.S. App. LEXIS 4917

Syllabus

<p>1. Injunction • (§§ 135, 136*) — Preliminary Injunction — Discretion oí Court.</p> <p>The granting or refusal of a preliminary injunction rests in the sound judicial discretion of the court; but it is a cardinal principal of equity jurisprudence that it will not be granted unless the right to it is clear, the injury impending and threatened, so as to be averted only by the preventive process of injunction.</p> <p>[Ed. Note. — For other cases, see Injunction, Cent. Dig. §§ 304-306; Dee. Dig. §§ 135, 136.*]</p> <p>2. Indians (§ 10*) — Cherokee Nation — Power of Congress Over Distribution of Property.</p> <p>Who shall be enrolled as citizens or members of the Cherokee Nation of Indians and permitted to participate in the distribution of its property are matters to be determined by Congress, and its determination of them is not subject to review by the courts.</p> <p>[Ed. Note. — For other cases, see Indians, Dec. Dig. § 10.*]</p> <p>3. Appeal and Error (§ 874*) — Review op Order Granting Injunction-Questions Considered.</p> <p>While the right to a review of an order overruling a demurrer challenging the right of complainant to maintain the suit is waived by the filing of an answer, the right of complainant to maintain the suit is the foundation of its right to an injunction, and may properly be considered on review of an order granting a preliminary injunction.</p> <p>[Ed. Note. — For other eases, see Appeal and Error, Doc. Dig. § 874.*]</p> <p>4. Indians (§ 13*) — Lands—Right to Allotment. ■</p> <p>Tlie due enrollment of a person as a citizen of the Cherokee Nation within the time required by the statute providing for allotments of lands to all so enrolled determines the right of such citizen to an allotment, and the Secretary of the Interior is without power to deprive him of it by delaying beyond a reasonable time to approve the selection made and to issue the proper evidence thereof.</p> <p>[Ed. Note. — For other cases, see Indians, Dec. Dig. § 13.*]</p> <p>5. I