Franklin v. Bottoms
Court Of Appeals Of Indian Territory
Appeal from the United States Court for the 'Southern District. Hosea Townsend, Judge. - Certiorari by C. E. Franklin against W. °A. Bottoms and William Pfeiffer. Writ denied. Petitioner appeals. On October 17, 1899, appellee Bottoms (plaintiff below) filed his complaint against appellant, Franklin (defendant below), before appellee Pfeiffer, United States commissioner at Wynnewood.
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Appeal from the United States Court for the 'Southern District. Hosea Townsend, Judge. - Certiorari by C. E. Franklin against W. °A. Bottoms and William Pfeiffer. Writ denied. Petitioner appeals. On October 17, 1899, appellee Bottoms (plaintiff below) filed his complaint against appellant, Franklin (defendant below), before appellee Pfeiffer, United States commissioner at Wynnewood. Summons was issued and' served returnable November 22d, but on that day, plaintiff not being ready for trial, the case was continued, and alias summons was issued and served returnable December 18th. On December…
1Opinion of the CourtClayton, J.
The first question for us to consider is the contention of the appellees that a. writ of certiorari in this case was not the proper remedy, because the defendant had an adequate remedy by appeal. But we do not think this contention tenable. If- the commissioner lost jurisdiction of the -subject-matter or of the person of the defendant, then the judgment-rendered-in the case was absolutely void. If the commissioner had;no jurisdiction, an appeal to the United States court would bave-aceomplished nothing, because the jurisdiction of the United, States court would depend upon the jurisdiction of…
2Cases cited5 opinions
- Carolan v. CarolanSupreme Court of Arkansas · 1886
- K. C., S. & Memphis R. R. v. SummersSupreme Court of Arkansas · 1885
- Gregory v. WilliamsSupreme Court of Arkansas · 1866
- McKee v. MurphySupreme Court of Arkansas · 1838
- Manufacturing Co. v. DonahoeSupreme Court of Arkansas · 1887
3Cited by1 opinion
- In Matter of Estate of LongCourt of Civil Appeals of Oklahoma · 1979