Dayton v. Paine
Supreme Court of Minnesota
Maria B. Dayton, tbe sole legatee of Lyman Dayton, deceased, and Lyman C. Dayton, who claims to have been unlawfully removed from tbe office of administrator, with tbe will annexed of tbe estate of said Lyman Dayton, applied upon affidavit to this Court for a writ of prohibition to be issued, directed to Parker Paine, tbe administrator of said estate, appointed after tbe removal of said Lyman C. Dayton, and R. P. Crowell, Judge of Probate of Ramsey county.
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Maria B. Dayton, tbe sole legatee of Lyman Dayton, deceased, and Lyman C. Dayton, who claims to have been unlawfully removed from tbe office of administrator, with tbe will annexed of tbe estate of said Lyman Dayton, applied upon affidavit to this Court for a writ of prohibition to be issued, directed to Parker Paine, tbe administrator of said estate, appointed after tbe removal of said Lyman C. Dayton, and R. P. Crowell, Judge of Probate of Ramsey county. It was stated in the affidavit, among other things, that the time within which to sell real estate belonging to said estate under a…
1Opinion of the Court
Wilson, Oh. J.
By the Court The office of the writ of prohibition is not to correct errors, or reverse illegal proceedings, but to prevent or restrain the usurpations of inferior tribunals or judicial officers, and to compel them to observe the limit of their jurisdiction. Prignitz vs. Fisher, 4 Minn., 366; Home Ins. Co. vs. Flint, ante, p. 244; and cases there cited; Comyns’ Dig. Tit. Prohibition; People vs. Marine Court, 36 Barb., 348; Cooper vs. Stocker, 9 Rich. So. Car., 292; Leonard's case, 3 Rich., 113; State vs. Nathan, 4 Rich., 514; Quimbo Appo vs. The People, 20 N. Y., 540 ;…
2Cases cited4 opinions
- Arnold v. ShieldsCourt of Appeals of Kentucky · 1837
- Walker v. McKayCourt of Appeals of Kentucky · 1859
- Prignitz v. FischerSupreme Court of Minnesota · 1860
- People ex rel. Brownson v. Marine CourtNew York Supreme Court · 1862
3Cited by2 opinions
- Fleming v. CommissionersWest Virginia Supreme Court · 1888
- State ex rel. De Puy v. EvansWisconsin Supreme Court · 1894