Carter v. Goode
Supreme Court of Arkansas
APPEAL from Qrawford Circuit Court. R. B. Rutherford, Judge. 1. . The circuit, court has no jurisdiction. Inasmuch as there was no violation of any law of the country where the act was done, there can be no right of action here. There being no law in the Cherokee Nation making it a trespass for one to shoot another’s mule trespassing on his premises, no right of action existed.
Read the full summary
APPEAL from Qrawford Circuit Court. R. B. Rutherford, Judge. 1. . The circuit, court has no jurisdiction. Inasmuch as there was no violation of any law of the country where the act was done, there can be no right of action here. There being no law in the Cherokee Nation making it a trespass for one to shoot another’s mule trespassing on his premises, no right of action existed. To render a person liable for a tort in the courts of this state committed'in a foreign jurisdiction, it must be shown that there was a fixed legal liability under the laws of such foreign country. 58 Vt., 727; 2 Kent…
1Opinion of the CourtCocicrill, C. J.
Goad sued Carter before a justice of the peace in Crawford county, Arkansas, to recover damages for an injury to a mule, the property of the plaintiff. Carter answered, and on the trial proved that the injury was inflicted in the Cherokee Nation, where he and Goad were at the time residing; that they were then, as now, citizens of Arkansas, and had no permit or license to reside in the Indian country; that at the time the injury was inflicted the mule was trespassing in Carter’s enclosure, which Goad knew it was in the habit of doiug, and that Goad had no redress whatever for the injury, and…
2Cases cited3 opinions
- Smith v. CondrySupreme Court of the United States · 1843
- Le Forest v. TolmanMassachusetts Supreme Judicial Court · 1875
- McLeod v. Conn. & Pass. R. R. R.Supreme Court of Vermont · 1886
3Cited by5 opinions
- American Railway Express Co. v. DavisSupreme Court of Arkansas · 1922
- St. Louis, Iron Mountain & Southern Railway Co. v. BrownSupreme Court of Arkansas · 1899
- Brown v. WrightSupreme Court of Arkansas · 1893
- Stewart's Administratrix v. BaconCourt of Appeals of Kentucky (pre-1976) · 1934
- Holderman v. PondSupreme Court of Kansas · 1891