Legal Opinion

In re Henriques

New Mexico Supreme Court

Decided January 21, 1889No. 293Published

Appeal from a judgment of the Second Judicial District Court, Valencia County, quashing the writ of certiorari and dismissing the case. The facts are stated in the opinion of the court. By section 531, Compiled Laws, New Mexico, 1884, the district courts have appellate jurisdiction from the judgments and orders of the probate judges and justices of the pea.ce in all cases not prohibited by law, and possess a superintending control over them.

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Appeal from a judgment of the Second Judicial District Court, Valencia County, quashing the writ of certiorari and dismissing the case. The facts are stated in the opinion of the court. By section 531, Compiled Laws, New Mexico, 1884, the district courts have appellate jurisdiction from the judgments and orders of the probate judges and justices of the pea.ce in all cases not prohibited by law, and possess a superintending control over them. By section 563, appeals from the judgments of the probate court are allowed to the district court in the same manner as in case of appeals from the…

1Opinion of the CourtBeeves, J.

This is an appeal from the action of the district court of Valencia county in quashing the writ of certiorari and dismissing the case at the costs of the appellant. It appears from the petition of the appellant that he was appointed administrator de bonis non of the estate of Manuel A. Otero, deceased, by the probate court of Valencia county, on the tenth day of September, 1883. Afterward, on the twenty-first day of October, 1885, the probate court revoked and canceled his letters of administration. From this action of the probate court Henriques prayed an appeal to the district court, which…

2Cases cited14 opinions

  1. Brodhead v. City of MilwaukeeWisconsin Supreme Court · 1865
  2. People ex rel. Church v. Supervisors of AlleganyNew York Supreme Court · 1836
  3. Starr v. Trustees of RochesterNew York Supreme Court · 1831
  4. Baldwin v. CalkinsNew York Supreme Court · 1833
  5. Keys v. Board of SupervisorsCalifornia Supreme Court · 1871

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