State ex rel. Spalding v. Benton
Montana Supreme Court
Original proceeding. Application for peremptory writ of prohibition. By the Constitution of this State probate jurisdiction is conferred upon the District Courts, and this jurisdiction is no longer limited and special in character; and hence all the rules applicable to judgments as to their validity and unimpeachable character, which apply to courts of general jurisdiction, apply equally in matters of probate before the District Courts.
Read the full summary
Original proceeding. Application for peremptory writ of prohibition. By the Constitution of this State probate jurisdiction is conferred upon the District Courts, and this jurisdiction is no longer limited and special in character; and hence all the rules applicable to judgments as to their validity and unimpeachable character, which apply to courts of general jurisdiction, apply equally in matters of probate before the District Courts. The proceeding to appoint an administrator is a proceeding in rem, and when the petition is filed and notice is given all the world become parties to the…
1Opinion of the Court
Blake, C. J.—
This is an application to the court, upon the relation of William S. Spalding, for a peremptory writ of prohibition to command the judge of the District Court of the Eighth Judicial District of the State to desist and refrain from any further proceedings in the matter of the administration of the estate of Frederick S. Fish, deceased. The following facts are recited in the affidavit and exhibits which have been filed: Said Fish died intestate November 3, 1891, in the county of Cascade, in this State, and left property in said county, and also in the county of Lewis and Clarke.…
2Cases cited13 opinions
- Taylor v. TaintorSupreme Court of the United States · 1873
- Grignon's Lessee v. ASTORSupreme Court of the United States · 1844
- Smith v. WhitneySupreme Court of the United States · 1886
- Beckett v. SeloverCalifornia Supreme Court · 1857
- Withers v. DenmeadCourt of Appeals of Maryland · 1864
8 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- State ex rel. Boston & Montana Consol. C. & S. Mining Co. v. Second Judicial District CourtMontana Supreme Court · 1899
- State ex rel. Adamson v. District Court of the Fourth Judicial DistrictMontana Supreme Court · 1955
- State ex rel. Browne v. BooherMontana Supreme Court · 1911
- State ex rel. McLeod v. District CourtMontana Supreme Court · 1923
- State Ex Rel. Fulton v. District Court of the Eighth Judicial DistrictMontana Supreme Court · 1961
4 more not listed; retrieve them via the Exa API.