Legal Opinion

Du Vivier v. Hopkins

Massachusetts Supreme Judicial Court

Decided October 7, 1874PublishedCited by 8 opinions

Appeal under the Gen. Sts. c. 99, § 8, from a decision of the commissioners, appointed by the Probate Court to receive and examine the claims of creditors against the estate of the defendant’s testator, disallowing a claim made by the plaintiffs against said estate.

Read the full summary

Appeal under the Gen. Sts. c. 99, § 8, from a decision of the commissioners, appointed by the Probate Court to receive and examine the claims of creditors against the estate of the defendant’s testator, disallowing a claim made by the plaintiffs against said estate. In the Superior Court the plaintiffs, who were citizens of the State of New York, filed a statement of their claim, from which it appeared that the matter in dispute amounted to $921.52 ; and they filed a petition under the U. S. St. of 1867, c. 196, for the removal of the case to the Circuit Court of the United States. Brigham,…

1Opinion of the CourtGray, C. J.

We have no doubt or hesitation in affirming the order of the Superior Court refusing the petition for the removal of this case into the Circuit Court of the United States, under the act of Congress of 1867, c. 196.

*127The proceedings in the courts of this Commonwealth were had. under the Gen. Sts. c. 99, the material provisions of which are as follows : When the estate of a deceased person is represented to be insolvent, the Probate Court appoints commissioners to receive and examine all claims of creditors against the estate, and return a list of the claims laid before them, with the sum allowed…

2Cases cited14 opinions

  1. Insurance Co. v. DunnSupreme Court of the United States · 1874
  2. Kanouse v. MartinSupreme Court of the United States · 1854
  3. Case of the Sewing MacHine CompaniesSupreme Court of the United States · 1874
  4. West v. Aurora CitySupreme Court of the United States · 1868
  5. Williams v. BenedictSupreme Court of the United States · 1850

9 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Stone v. SargentMassachusetts Supreme Judicial Court · 1880
  2. Reed v. ReedUnited States Circuit Court · 1887
  3. Copeland v. BruningU.S. Circuit Court for the District of Indiana · 1896
  4. Ellis v. Atlantic & Pacific RailroadMassachusetts Supreme Judicial Court · 1883
  5. White Adm'r v. HoltWest Virginia Supreme Court · 1883

3 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API