ARNOLD v. Arnold

*496LUSK, J.

During the oral argument a question of the jurisdiction of the court below to determine the controversy was raised from the bench. Both counsel conceded the jurisdiction. But, as jurisdiction cannot be conferred by stipulation, and, as there is new legislation affecting the subject not heretofore considered by this court, it is necessary that we express our views.

Prior to 1919 probate jurisdiction in Multnomah County, as elsewhere throughout the state, was in the first instance vested in the county court. Art. YU, § 12, Original Constitution. While county courts, sitting in probate,…