Johnson v. Lankford
Supreme Court of the United States
ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF OKLAHOMA. Action for the sum of $5,235.60, with interest, for the failure of defendant in error Lankford to perform his duty as bank commissioner of Oklahoma, in consequence of which plaintiff in error sustained loss in the amount stated. Southwestern Surety Insurance Company, an Oklahoma corporation, was surety on the official bond of Lankford.
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ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF OKLAHOMA. Action for the sum of $5,235.60, with interest, for the failure of defendant in error Lankford to perform his duty as bank commissioner of Oklahoma, in consequence of which plaintiff in error sustained loss in the amount stated. Southwestern Surety Insurance Company, an Oklahoma corporation, was surety on the official bond of Lankford. Defendants, defendants in error here, moved to dismiss the action on the ground of want of jurisdiction in the court, the action being “one against the State of Oklahoma…
1Opinion of the CourtJustice McKenna
Whether the District Court had jurisdiction was necessarily to be determined by reference to the case made by the petition. Hence we have given it at some length, omitting repetitions. It will be observed that the basis of the action is the neglect of duty of Lankford as bank commissioner, by which plaintiff has been damaged to the amount of his certificate of deposit. The insurance com pany has been made a party defendant because it has. guaranteed thé faithful performance of his duties, a statute, of the State, it is contended, making it liable. Whether the contention is tenable or whether…
2Cases cited2 opinions
- Hopkins v. Clemson Agricultural College of South CarolinaSupreme Court of the United States · 1911
- Lankford v. Platte Iron Works Co.Supreme Court of the United States · 1915
3Cited by25 opinions
- Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1984
- Rutledge v. Arizona Board of RegentsCourt of Appeals for the Ninth Circuit · 1981
- Ronwin v. ShapiroCourt of Appeals for the Ninth Circuit · 1981
- New England Patriots Football Club, Inc. v. University of ColoradoCourt of Appeals for the First Circuit · 1979
- Old Colony Trust Co. v. City of SeattleSupreme Court of the United States · 1926
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