Frazer v. Fulcher
Ohio Supreme Court
This is a Writ of Certiorari, directed to the Court of Common Pleas of Washington County. The writ is prosecuted to reverse an order of the Court of Common Pleas of Washington county, made at the September Term of said Court, 1847, and which order is as follows: “ On motion of John Fulcher he is appointed administrator on the estate of James Frazer, late of Warren township, now in penitentiary of this State, under a sentence for life.
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This is a Writ of Certiorari, directed to the Court of Common Pleas of Washington County. The writ is prosecuted to reverse an order of the Court of Common Pleas of Washington county, made at the September Term of said Court, 1847, and which order is as follows: “ On motion of John Fulcher he is appointed administrator on the estate of James Frazer, late of Warren township, now in penitentiary of this State, under a sentence for life. Ordered, that a letter of administration issue to said John Fulcher on his giving bond in the penalty of twelve hundred dollars, with Harlow Chapin and Levi…
1Opinion of the CourtHitchcock, J.
It will be seen by the record in this case, that the order of the Court of Common Pleas is in the common form of the appointment of an administrator upon the estate of a deceased person, and if it be a case within the proper jurisdiction of that Court, as a Court of probate, we cannot review it upon writ of certiorari. The Constitution, in the 5th section of the third article, is as follows: “ The Court of Common Pleas, in each county, shall have jurisdiction of all probate and testamentary matters, granting administration, the appointment of guardians, and such other cases as shall be…
2Cited by22 opinions
- Sherman v. HainesOhio Supreme Court · 1995
- Stahelin v. SowleMichigan Supreme Court · 1891
- In re Estate of ParkerSupreme Court of Iowa · 1920
- Totten v. Estate of MillerOhio Supreme Court · 1941
- Robnolte v. KohartOhio Court of Appeals · 1947
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