Boudinot v. Locust
Supreme Court of Oklahoma
Error from District Court, Cherokee County; John H. Pitchford, Judge. Action by Jackson Locust and others against Frank J. Boudinot and others. Judgment for plaintiffs, and defendants bring error.
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Error from District Court, Cherokee County; John H. Pitchford, Judge. Action by Jackson Locust and others against Frank J. Boudinot and others. Judgment for plaintiffs, and defendants bring error. On the 29th day of May, 1912, the defendants in error filed, as plaintiffs, their, petition in the district court of Cherokee county against the plaintiffs in error, who were defendants below, upon two certain bonds given by Frank J. Boudinot as administrator of the estate of James Locust; the said Boudinot having been appointed such administrator by the United States Court for the Northern District…
1Opinion of the Court
Opinion by
ROBBERTS, C.
(after stating the facts, as above). To obtain a reversal of this case counsel for plaintiffs in error submit the following propositions:
First. “Neither the administrator nor his bondsmen are liable for funds coming into his hands, except in his representative capacity.”
Second. “The United States Court had no jurisdiction originally to appoint an administrator of the estate of James Locust.”
Third. “There was no law requiring or permitting' the giving of the additional bond made by the Southern Surety Company.”
In support of the first contention counsel insists…
2Cases cited13 opinions
- Stovall v. BanksSupreme Court of the United States · 1871
- Deobold v. . OppermannNew York Court of Appeals · 1888
- Scofield v. . ChurchillNew York Court of Appeals · 1878
- Irwin v. BackusCalifornia Supreme Court · 1864
- Southern Surety Co. v. BurneySupreme Court of Oklahoma · 1912
8 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Tucker v. BrownWashington Supreme Court · 1944
- Wilson v. KaneSupreme Court of Oklahoma · 1993
- Donnell v. DansbySupreme Court of Oklahoma · 1916
- Globe Indemnity Co. v. BruceCourt of Appeals for the Tenth Circuit · 1935
- Aetna Accident & Liability Co. v. LangleySupreme Court of Oklahoma · 1918
9 more not listed; retrieve them via the Exa API.