McBee v. Purcell National Bank
Court Of Appeals Of Indian Territory
Appeal from tbe United States Court for the Southern District. C. B. Kilgore, Judge. Action by Wm. F. MeBee against the Purcell National Bank to recover a sum of money deposited in defendant bank. Judgment for defendant. Plaintiff appeals. The plaintiff in error instituted this action in the United States commissioner’s court at Purcell, Indian Territory, to recover $100, alleged to have been deposited by him with the defendant in error, and of which it refused payment.
Read the full summary
Appeal from tbe United States Court for the Southern District. C. B. Kilgore, Judge. Action by Wm. F. MeBee against the Purcell National Bank to recover a sum of money deposited in defendant bank. Judgment for defendant. Plaintiff appeals. The plaintiff in error instituted this action in the United States commissioner’s court at Purcell, Indian Territory, to recover $100, alleged to have been deposited by him with the defendant in error, and of which it refused payment. Defendant in error answered, alleging that one William Dean had sued plaintiff in error in the United States commissioner’s…
1Opinion of the CourtLewis, J.
(after stating the facts.) The deposit of money by appellant in the bank raised between them the relation of debtor and creditor. The first question presented by this record is as to the situs of the debt thus created. If such situs was within the territorial limits of the commissioner’s court, such court, by the proceeding in garnishment, inquired jurisdiction. If such situs was elsewhere, the com-nissioner’s court did not acquire jurisdiction, arid the judg-nent therein pleaded by appellee is a nullity, and payment hereon creates no defense in this action. The endeavor to ix in cases like…
2Cases cited13 opinions
- Cooper v. ReynoldsSupreme Court of the United States · 1870
- Louisville & Nashville Railroad v. DooleySupreme Court of Alabama · 1885
- Rains v. HerringTexas Supreme Court · 1887
- Renier v. HurlbutWisconsin Supreme Court · 1891
- Missouri Pacific Railway Co. v. SharittSupreme Court of Kansas · 1890
8 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Omaha Nat. Bank of Omaha v. Federal Reserve Bank of Kansas CityCourt of Appeals for the Eighth Circuit · 1928
- Hall v. NeedlesCourt Of Appeals Of Indian Territory · 1897