Caron v. Old Reliable Gold Mining Co.
New Mexico Supreme Court
Appeal from the district court of Santa Fe county, before John R. McFie, Associate Justice. The probate courts of New Mexico have no original chancery jurisdiction.
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Appeal from the district court of Santa Fe county, before John R. McFie, Associate Justice. The probate courts of New Mexico have no original chancery jurisdiction. What is jurisdiction? Rapalje and Lawrences Dictionary; Bouvier’s Dictionary; Websters Dictionary; 12 American Ency. of Law, p. 244; U. S. v. Arredonds, 6 Pet. 709; Brown on Jurisdiction, p. 1. Jurisdiction as it affects the subject-matter: Brown on Jurisdiction, pp. 4, 22 and 50. Section 1868 of the Organic Act provides: “The Supreme Courts and district courts respectively, of every Territory, shall possess chancery as well as…
1Opinion of the Court
OPINION OF THE COURT.
BAKER, J.
(after stating the facts). — Had the probate court jurisdiction to determine the title to the property in dispute in the suit of Patrick Cullen against Alfred N. Randall, administrator of the estate of Leon Caron, deceased, commenced in the probate court of Santa Fe county? This is the only question in the case.
The probate court was created by the organic act, section 10 of which provides, “that the judicial power of the Territories shall be vested in the Supreme Court, district court, probate courts and in justices of the peace.” Said act further provides that…
2Cases cited32 opinions
- Perris v. HigleySupreme Court of the United States · 1874
- Ex parte CaseyCalifornia Supreme Court · 1886
- Stewart v. LohrWashington Supreme Court · 1890
- In re Estate of HaasCalifornia Supreme Court · 1893
- Clayton v. Utah TerritorySupreme Court of the United States · 1890
27 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Dunham v. StitzbergNew Mexico Supreme Court · 1948
- In Re Estate of AndersSupreme Court of Iowa · 1947
- In Re Day's EstateMontana Supreme Court · 1947
- Horne v. BlakelyArizona Supreme Court · 1929
- Clayton v. EliaArizona Supreme Court · 1919
3 more not listed; retrieve them via the Exa API.