Welsh v. Krause
South Dakota Supreme Court
Appeal from 'Circuit 'Court, Brookings County. Hon. Gael G. Sherwood, Judge. Petition of Elizabeth McDonald, and others, against W. A. Krause, Judge of County Court of Moody County, in the Circuit Court of Brookings County, for a writ of prohibition enjoining said judge from exercising further jurisdiction over the estate of’ Patrick Flemming, deceased. From a judgment and order so enjoining said county judge, the defendant appeals.
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Appeal from 'Circuit 'Court, Brookings County. Hon. Gael G. Sherwood, Judge. Petition of Elizabeth McDonald, and others, against W. A. Krause, Judge of County Court of Moody County, in the Circuit Court of Brookings County, for a writ of prohibition enjoining said judge from exercising further jurisdiction over the estate of’ Patrick Flemming, deceased. From a judgment and order so enjoining said county judge, the defendant appeals. (i) To point one of the opinion, Appellant cited: State v. McDonald, 104 Pac. 967 (971); Territory v. Bramble, 2 S. D. 189 (199) ; Anderson v. Anderson, 112 N. Y.…
1Opinion of the CourtP-Olley, J.
This- is an appeal from a peremptory writ of prohibition, issued! ¡by the circuit court of Brookings counity, directed to the county judge of Moody county, enjoining the said county judge from exercising jurisdiction in the matter of the estate of a deceased person. The decedent, Patrick Eleming, died! in Moody county on or about the 25th day of May, 1915. He left surviving him as .'heirs at law, two daughters and the children of a deceased daughter, who are the plaintiffs in this action, and one son, Erancis Eleming. Prior to his death1 the said Patríele Fleming was seised in fee of several…
2Cases cited13 opinions
- Waterman v. Canal-Louisiana Bank & Trust Co.Supreme Court of the United States · 1909
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- Case of Broderick's WillSupreme Court of the United States · 1875
- Byers v. McAuleySupreme Court of the United States · 1893
- Borer v. ChapmanSupreme Court of the United States · 1887
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3Cited by13 opinions
- Spitzer v. SpitzerSouth Dakota Supreme Court · 1969
- Newton v. EricksonSouth Dakota Supreme Court · 1950
- Jacquish v. DemingSouth Dakota Supreme Court · 1918
- Doling v. Hyde CountySouth Dakota Supreme Court · 1945
- Howe v. LarsonSouth Dakota Supreme Court · 1941
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