Campbell v. Porter
Supreme Court of the United States
ERROR TO THE SUPREME COURT OP THE" DISTRICT OP COLUMBIA. This was a petition by the executors of the will of the late Admiral David D. Porter,- who died February 13, 1891, to the special term of the Supreme Court of the District of Columbia, sitting as. an orphans’ court, for the admission to probate of his will and of a codicil thereto.
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ERROR TO THE SUPREME COURT OP THE" DISTRICT OP COLUMBIA. This was a petition by the executors of the will of the late Admiral David D. Porter,- who died February 13, 1891, to the special term of the Supreme Court of the District of Columbia, sitting as. an orphans’ court, for the admission to probate of his will and of a codicil thereto. Upon citation to the next of kin; Elena Porter, a daughter of the testator, having become by marriage Elena Campbell, appeared and demanded full. proof of the execution of the will and codicil. The will and the codicil each bore the signature of the testator,…
1Opinion of the Court
Me. Justice Geay,
after stating the case, delivered the opinion of the court. •
It was contended, in behalf of the defendants in error, that the case should have been brought to this court by appeal, and not by writ of error. But we consider this point as settled by the decision made six years ago in Ormsby v. Webb, 134 U. S. 47, 64, 65, in which a motion to dismiss, for the same reason, a writ of error to .review a. judgment of the Supreme Court of the District of Columbia, admitting a will to probate, was denied by this court, not merely because in that case a trial by jury had been actually…
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