Spaulding's Appeal
Supreme Court of New Hampshire
Motion to dismiss an appeal from the decree of the judge of probate. The appeal was entered at a trial term of this court, and the appellees moved the court that said petition and the appeal thereby claimed, be dismissed, for the following reasons: 1st. Because an appeal cannot be legally taken from the judge of probate to a trial term of the court. 2d. Because said petition was filed in the probate office on the 2d day of January, 1856, and is signed by Wm.
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Motion to dismiss an appeal from the decree of the judge of probate. The appeal was entered at a trial term of this court, and the appellees moved the court that said petition and the appeal thereby claimed, be dismissed, for the following reasons: 1st. Because an appeal cannot be legally taken from the judge of probate to a trial term of the court. 2d. Because said petition was filed in the probate office on the 2d day of January, 1856, and is signed by Wm. Kimball as attorney for "VYm. M. Spaulding ; and, at the same time, a petition was filed in said office, signed by said Kimball as…
1Opinion of the CourtEastman, J.
The questions presented by this case are mere matters of practice.
By the 8th section of the Judiciary Act of July 14th, 1855, *480Pamph. Laws, chap. 1659, it is provided that the Supreme Judicial Court shall have exclusive jurisdiction of all appeals from the court of common pleas, from courts of probate, and commissioners on insolvent estates.
The 10th section provides that the same court shall have exclusive authority to issue writs of error, certiorari, mandamus, &c., and the general superintendence of all courts of inferior jurisdiction for the prevention and correction of errors and abuses,…
2Cited by2 opinions
- Brooks v. New DurhamSupreme Court of New Hampshire · 1875
- Brooks v. New DurhamSupreme Court of New Hampshire · 1875