Shurbun v. Hooper
Michigan Supreme Court
Error to Wayne. Assumpsit by tbe executrix and executor of tbe will of William H. Hooper, for an amount found by the commissioners on Hooper’s estate to be due from Sherbun to tbe estate. Defendant brings error.
1Opinion of the CourtMarston, J.
Tbe principal question raised in this case relates to the constitutionality of tbe statute which authorizes probate courts to appoint commissioners to pass upon claims against tbe estates of deceased persons.
It was argued that by tbe constitution all judicial power was exclusively given to tbe courts and persons named therein; that commissioners were not included, although tbe power given and exercised by them under tbe statute was clearly judicial.
That such commissioners act in a certain sense judicially in tbe allowance of claims, has been repeatedly recognized by this court. Fish v. Morse,…
2Cases cited3 opinions
- Streeter v. PatonMichigan Supreme Court · 1859
- Fish v. MorseMichigan Supreme Court · 1860
- Clark v. DavisMichigan Supreme Court · 1875
3Cited by20 opinions
- United States v. ShawSupreme Court of the United States · 1940
- Risser v. HoytMichigan Supreme Court · 1884
- Evans v. Beattie, Comptroller GeneralSupreme Court of South Carolina · 1926
- Bissell v. HeathMichigan Supreme Court · 1894
- Buback v. GovernorMichigan Supreme Court · 1968
15 more not listed; retrieve them via the Exa API.