Legal Opinion

Hess v. Reynolds

Supreme Court of the United States

Decided January 5, 1885No. 844PublishedCited by 123 opinions

IN ERROR TO THE CIRCUIT'COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF MICHIGAN. The record shows that plaintiff in error, who was a citizen of Missouri, prosecuted his claim in the Probate Court of Ionia County, Michigan, against the estate of Warren Sherwood, deceased, of which William Reynolds had been appointed administrator.

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IN ERROR TO THE CIRCUIT'COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF MICHIGAN. The record shows that plaintiff in error, who was a citizen of Missouri, prosecuted his claim in the Probate Court of Ionia County, Michigan, against the estate of Warren Sherwood, deceased, of which William Reynolds had been appointed administrator. The claim being resisted, was, in due course of proceeding, referred to commissioners appointed by the probate judge, who reported against its allowance. ■ Thereupon Hess, as the Michigan statute authorized, appealed to the- Circuit Court of Ionia County,…

1Opinion of the CourtJustice Millee

He recited the facts as above stated, and continued:

The first objection to the removal is that the -proceeding in the State court, which was commenced in the Probate Court to obtain payment of a claim against the estate of a decedent, then under administration in that court, was within the exclusive jurisdiction of the State court, and could not be transferred to a court of the United States.

This proposition has been often asserted here and as often denied.

It is not denied that the laws of the States are valid whiph provide for the descent and distribution of property of a decedent, for the…

2Cases cited5 opinions

  1. Boom Co. v. PattersonSupreme Court of the United States · 1879
  2. Payne v. HookSupreme Court of the United States · 1869
  3. Gaines v. FuentesSupreme Court of the United States · 1876
  4. Ellis v. DavisSupreme Court of the United States · 1883
  5. Hyde v. StoneSupreme Court of the United States · 1858

3Cited by123 opinions

  1. County of Allegheny v. Frank Mashuda Co.Supreme Court of the United States · 1959
  2. Montana v. Blackfeet Tribe of IndiansSupreme Court of the United States · 1985
  3. General Investment Co. v. Lake Shore & Michigan Southern Railway Co.Supreme Court of the United States · 1922
  4. Waterman v. Canal-Louisiana Bank & Trust Co.Supreme Court of the United States · 1909
  5. Byers v. McAuleySupreme Court of the United States · 1893

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