American Express Co. v. Lankford
Court Of Appeals Of Indian Territory
Appeal from the United States Court for the Central District. Yancey Lewis, Judge. Action by Mrs. E. Lankford a,gainst the American Express Company for the loss of a diamond. Judgment for plaintiff. Defendant appeals.
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Appeal from the United States Court for the Central District. Yancey Lewis, Judge. Action by Mrs. E. Lankford a,gainst the American Express Company for the loss of a diamond. Judgment for plaintiff. Defendant appeals. This action was originally commenced before the United States commissioner at Atoka, Indian Territory, in the Central district of the Indian Territory, on the 4th day of January, 1896. The suit was instituted in the name of J. D. Lankford and wife, Mrs. E. Lankford, against the American Express Company. The commissioner rendered a judgment against the express company in favor of…
1Opinion of the CourtSpringer, C. J.
(after stating the facts.) The record in this case presents two questions for our consideration: First. Whether the United States commissioner, who has the jurisdiction of a justice of the peace in Arkansas, had jurisdiction of this case. Second. Whether J. D. Lankford, the husband, was a competent witness for his wife in the case.
As to the first question, it is conceded that if the United States commissioner had no jurisdiction, the United States Court acquired none on appeal, and that the United States commissioners in the Indian Territory have only, such jurisdiction as is expressly given…
2Cases cited4 opinions
- Milligan v. DavisSupreme Court of Iowa · 1878
- St. L., I. M. & S. Ry. Co. v. WhiteSupreme Court of Arkansas · 1886
- Mobley v. LeophartSupreme Court of Alabama · 1872
- Boon v. Moline Plow Co.Illinois Supreme Court · 1876
3Cited by3 opinions
- Railway Express Agency, Inc. v. H. Rouw Co.Supreme Court of Arkansas · 1939
- Henderson v. StateCourt of Criminal Appeals of Texas · 1908
- American Exp. Co. v. LankfordCourt of Appeals for the Eighth Circuit · 1899