Carter v. Gear
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE TERRITORY OF HAWAII. This was a writ of error to review a judgment of the Supreme Court of the Territory of Hawaii denying a writ of prohibition.
Read the full summary
ERROR TO THE SUPREME COURT OF THE TERRITORY OF HAWAII. This was a writ of error to review a judgment of the Supreme Court of the Territory of Hawaii denying a writ of prohibition. The facts of the case are substantially as follows: On July 27, 1904, one Low, -as next friend of Annie T. K. Parker, a minor, filed a petition before the defendant, George D. Gear, judge of the First Judicial Circuit, in probate, at chambers, asking for the removal of Alfred W. Carter, plaintiff in. error,- as guardian of the estate of said minor. He had been originally appointed such guardian September 29, 1899.-…
1Opinion of the CourtJustice Brown
The writ of prohibition was demanded upon the ground that there was no cause pending in the Circuit Court of the First Circuit, to which the motion and petition of Low, as next friend, was incidental or ancillary, and that Judge Gear, sitting at chambers, was hearing questions of a judicial nature entirely independent of any cause pending in that court.
The single question presented by the record is whether the statutes of the Territory of Hawaii, purporting to confer upon the. judges of the several courts, at chambers, within their respective jurisdictions, judicial power not incident or…
2Cases cited2 opinions
- Hawaii v. MankichiSupreme Court of the United States · 1903
- McKnight v. JamesSupreme Court of the United States · 1895
3Cited by23 opinions
- In Re Water Use Permit ApplicationsHawaii Supreme Court · 2000
- State v. TaylorHawaii Supreme Court · 1967
- Chapman v. BrownDistrict Court, D. Hawaii · 1961
- Kelly v. 1250 Oceanside PartnersHawaii Supreme Court · 2006
- County of Hawai'i v. Ala Loop HomeownersHawaii Supreme Court · 2010
18 more not listed; retrieve them via the Exa API.