Legal Opinion

Plummer v. M. D. Wells & Co.

Court Of Appeals Of Indian Territory

Decided October 27, 1906PublishedCited by 1 opinion

Appeal from the United States Court for the Central District of the Indian Territory; before Justice Wm. H. H. Clayton, March 5, 1904. Action by M. D. Wells & Co. against Charles W. Plummer, as administrator of the estate of E. J. Lloyd, deceased. From a judgment sustaining exceptions to a master’s report, disallowing the claim sued on, the administrator appeals.

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Appeal from the United States Court for the Central District of the Indian Territory; before Justice Wm. H. H. Clayton, March 5, 1904. Action by M. D. Wells & Co. against Charles W. Plummer, as administrator of the estate of E. J. Lloyd, deceased. From a judgment sustaining exceptions to a master’s report, disallowing the claim sued on, the administrator appeals. This action is a claim filed by the plaintiffs (appellees) with the clerk of the court of the central district at Atoka against the defendant (appellant), asking that said claim be allowed by the court, after the same had been…

1Opinion of the CourtTownsend, J.

The appellant has filed 15 specifications of error, but considers them all under one argument. The court below sustained the exceptions filed to the report of the master, wherein the master found as a matter of law that the judgment sought to be proven by the appellees against the appellant, as administrator of the estate of E. G. Lloyd, deceased, could not be proven, for the reason that the court rendering the judgment had no jurisdiction of the person of said E. G. Lloyd at the *196time of the rendition of the same. The record of said judgment is as follows: “Record United States Court, in the…

Also in this document: Concurrence.

2Cases cited15 opinions

  1. Applegate v. Lexington & Carter County Mining Co.Supreme Court of the United States · 1886
  2. Boyd v. RoaneSupreme Court of Arkansas · 1887
  3. Williams v. HaynesTexas Supreme Court · 1890
  4. Kizer Lumber Co. v. MoselySupreme Court of Arkansas · 1892
  5. Wilkerson v. SchoonmakerTexas Supreme Court · 1890

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3Cited by1 opinion

  1. Hocker v. JohnsonSupreme Court of Oklahoma · 1913

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