Newberry v. Wilkinson
Court of Appeals for the Ninth Circuit
Appeal from the Circuit Court of the United States for the Eastern Division of the Eastern District of Washington. Action by William Eraser Newberry against Clara Wilkinson, as administratrix of the estate of B. C. Van Houten, deceased, and others. Judgment for defendants (190 Eed. 62), and complainant appeals. The plaintiff, appellant here, was born September 8, 1885, and is the son of Arthur A. and Pauline B. Newberry.
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Appeal from the Circuit Court of the United States for the Eastern Division of the Eastern District of Washington. Action by William Eraser Newberry against Clara Wilkinson, as administratrix of the estate of B. C. Van Houten, deceased, and others. Judgment for defendants (190 Eed. 62), and complainant appeals. The plaintiff, appellant here, was born September 8, 1885, and is the son of Arthur A. and Pauline B. Newberry. Pauline died intestate August 4, 1890. Her husband and son and a daughter survived her. At the time of her death she was the owner in community right with her husband of…
1Opinion of the CourtWOtvVERTON, District Judge
(after stating the facts as above). This country adopted the equitable jurisdiction of the High Court of Chancery of England when the Constitution was framed, and it is the jurisdiction exercised by the federal courts to the present time, saving such modifications as it has undergone through usage and by action of Congress, and, in practice, through the rules adopted by the Supreme Court. It has been said that the jurisdiction “is subject to neither limitation nor restraint” by state legislation, and is uniform throughout the different states of the Union.” Payne v. Hook, 7 Wall. 425, 430, 19…
2Cases cited53 opinions
- Bailey v. GloverSupreme Court of the United States · 1875
- Payne v. HookSupreme Court of the United States · 1869
- Rosenthal v. WalkerSupreme Court of the United States · 1884
- Byers v. McAuleySupreme Court of the United States · 1893
- Badger v. BadgerSupreme Court of the United States · 1865
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3Cited by18 opinions
- Davis v. ShepardWashington Supreme Court · 1925
- Zenith Radio Corp. v. Matsushita Electric Industrial Co.District Court, E.D. Pennsylvania · 1979
- Smith v. SmithCourt of Appeals for the Ninth Circuit · 1915
- D. O. Haynes & Co. v. Druggists' CircularCourt of Appeals for the Second Circuit · 1929
- First National Bank v. ConnollyOregon Supreme Court · 1942
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