Wahl v. Franz
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the Eastern District of Arkansas. On the 9th day of December, 1895, Joseph Molen died at Hot Springs, Ark. On the 24th day of the same month Adele Wahl presented to the clerk of Car-land county, Ark., a paper purporting to be the last will and testament of Joseph H. Molen, by the terms of which she became the sole devisee, after the payment of the debts and funeral charges.
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In Error to the Circuit Court of the United States for the Eastern District of Arkansas. On the 9th day of December, 1895, Joseph Molen died at Hot Springs, Ark. On the 24th day of the same month Adele Wahl presented to the clerk of Car-land county, Ark., a paper purporting to be the last will and testament of Joseph H. Molen, by the terms of which she became the sole devisee, after the payment of the debts and funeral charges. This will was proven before the clerk of the probate court, in vacation, and a certificate of probate granted to her, subject to the confirmation or rejection of the…
1DissentSanborn, Circuit Judge
Let it be conceded: (1) That under the act of 1887, as corrected by the act of 1888, this case was not removable to the United States circuit court for the district of Arkansas unless at the timé of its removal it was a suit of a civil nature at common law or in equity, within the meaning of that term as it had been interpreted by the supreme court of the United States prior to 1887; and (2) that the United States circuit court had no original cognizance of a proceeding to probate a will as such. The question here is not, however, whether or not the federal court has jurisdiction of a…
2Cases cited56 opinions
- Boom Co. v. PattersonSupreme Court of the United States · 1879
- Weston and Others v. the City Council of CharlestonSupreme Court of the United States · 1829
- Lincoln County v. LuningSupreme Court of the United States · 1890
- Dennick v. Railroad Co.Supreme Court of the United States · 1881
- Payne v. HookSupreme Court of the United States · 1869
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