Caujolle v. Ferrie
Supreme Court of the United States
Error to the Circuit Court for the District of New York; the case being thus: The Revised Statutes of New York, on the subject of granting letters of administration, thus enact: “ The surrogate of each county shall have sole and exclusive power within the county for which he may be appointed, to grant letters of administration of the goods, &e., of persons dying intestate—when an intestate at or immediately previous to his death was an inhabitant of the county of such…
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Error to the Circuit Court for the District of New York; the case being thus: The Revised Statutes of New York, on the subject of granting letters of administration, thus enact: “ The surrogate of each county shall have sole and exclusive power within the county for which he may be appointed, to grant letters of administration of the goods, &e., of persons dying intestate—when an intestate at or immediately previous to his death was an inhabitant of the county of such surrogate.† “Administration, in case of intestacy, shall be granted to the relatives of the deceased, who would be entitled to…
1Opinion of the CourtJustice Davis
If the learned judge of the court below erred in not sustaining the plea in bar, we are relieved of the necessity of looking into the evidence in order to see whether the cause was rightly decided on its merits. The inquiry arises then, in the first place, whether he did so err or not.
There must be an end of every controversy, and the question raised by the plea is, whether the litigation concerning the legitimacy of Ferrié in the State tribunals of New York has been of such a character that it cannot be renewed between the same parties in the Federal courts.
Chief Justice De Grey, in the…
2Cited by26 opinions
- Overby v. GordonSupreme Court of the United States · 1900
- Christianson v. King CountySupreme Court of the United States · 1915
- Williams v. WilliamsWisconsin Supreme Court · 1885
- Howell v. BuddCalifornia Supreme Court · 1891
- Smith v. . Central Trust Co.New York Court of Appeals · 1897
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