Smith v. Steen
New Mexico Supreme Court
Appeal from District Court, Socorro County; M. C. Mechem, Judge. Suit by Joseph E. Smith, next friend of John D. Herbert and another, infant heirs of John D. Herbert, deceased, against Henry Steen and another. From a judgment for defendants, plaintiff appeals. Trial court had jurisdiction of this case, because the facts stated in the complaint and relief prayed were of an equitable nature and such relief as only could be afforded in a court of equity.
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Appeal from District Court, Socorro County; M. C. Mechem, Judge. Suit by Joseph E. Smith, next friend of John D. Herbert and another, infant heirs of John D. Herbert, deceased, against Henry Steen and another. From a judgment for defendants, plaintiff appeals. Trial court had jurisdiction of this case, because the facts stated in the complaint and relief prayed were of an equitable nature and such relief as only could be afforded in a court of equity. The probate court is of limited jurisdiction. Nestor y. Ross’s Estate, 98 Mich. 200; Eowle y. Barnes, 99 Mich. 8; Dakin y. Dakin, 97 Mich. 284;…
1Opinion of the Court
OPINION OP THE COURT.
ROBERTS, C. J.
— This is a suit in equity brought by complainant, as next friend of John D. Herbert and Felix C. Herbert, Jr., infant heirs of John D. Herbert, deceased, against Henry Steen and Minnie A. Herbert, widow of John D. Herbert, deceased. The bill of complaint alleges that John D. Herbert died testate on October 21, 1909, at Socorro-, seised of real and personal property, and that his last will was filed, for probate on November 1, 1909; that Minnie A. Herbert and Felix C. Herbert were appointed administrators of said estate on November 1, 1909, pending the…
2Cases cited27 opinions
- Guitar v. GordonSupreme Court of Missouri · 1853
- Hockensmith v. SlusherSupreme Court of Missouri · 1858
- Barnes v. BarkerWashington Supreme Court · 1892
- Gerrish v. GerrishOregon Supreme Court · 1880
- Bower v. BowerWashington Supreme Court · 1892
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3Cited by15 opinions
- Dunham v. StitzbergNew Mexico Supreme Court · 1948
- Robinson v. Mittry Bros.New Mexico Supreme Court · 1939
- Chicago, R. I. & P. R. Co. v. ReinhartSupreme Court of Oklahoma · 1916
- Sheley v. ShaferNew Mexico Supreme Court · 1931
- Matter of Estate of PadillaNew Mexico Court of Appeals · 1982
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