Farrell v. O'Brien
Supreme Court of the United States
APPEAL FROM AND CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT. This suit was commenced in the Circuit Court of the United * States for the District of Washington, Northern Division, by the filing on June 20, 1901, of a bill on behalf of Hannah O’Callaghan and Edward Corcoran, appellants in this court. The defendants were Terence O’Brien, as administrator of the estate of John Sullivan, and Marie Carrau.
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APPEAL FROM AND CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT. This suit was commenced in the Circuit Court of the United * States for the District of Washington, Northern Division, by the filing on June 20, 1901, of a bill on behalf of Hannah O’Callaghan and Edward Corcoran, appellants in this court. The defendants were Terence O’Brien, as administrator of the estate of John Sullivan, and Marie Carrau. W. M. .Russell and S. F. Coombs, who are joined as appellees, weré the sureties on a bond given by Marie Carrau, on the.appeal taken by her. to the Circuit Court of Appeals.…
1Opinion of the CourtJustice White
The motion to dismiss the appeal and the application for the allowance of a writ of certiorari will first be passed upon.
While the alienage of complainants and the citizenship of respondents was alleged, the jurisdiction of the Circuit Court was not invoked solely upon that ground. It was asserted in the bill that the requirements of the Code of Washington had not been complied with in respect to the preliminary issue of citations to the next of kin of the decedent; that the hearing on the application .to probate the alleged nuncupative will was had before service of citations in the mode…
2Cases cited8 opinions
- Case of Broderick's WillSupreme Court of the United States · 1875
- Byers v. McAuleySupreme Court of the United States · 1893
- Fayerweather v. RitchSupreme Court of the United States · 1904
- Gaines v. FuentesSupreme Court of the United States · 1876
- Ellis v. DavisSupreme Court of the United States · 1883
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3Cited by248 opinions
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- Goodrich v. FerrisSupreme Court of the United States · 1909
- Lois Jones v. Thomas BrennanCourt of Appeals for the Seventh Circuit · 2006
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