Teopfer v. Kaeufer
New Mexico Supreme Court
Appeal from the district court of Bernalillo county, before Benjamin S. Baker, Associate Justice. Jurisdiction must be acquired in the manner prescribed by statute. 12 Ency. PI. and Pr., 120, 125. Jurisdiction of the person may be acquired by consent; but jurisdiction of the subject-matter of an action or other legal proceeding may not be acquired by consent or stipulation. 20 Ency. PL and Pr., 609: Bartel v. Hoey',, 3 Col., 279; Molindin v. Colo.
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Appeal from the district court of Bernalillo county, before Benjamin S. Baker, Associate Justice. Jurisdiction must be acquired in the manner prescribed by statute. 12 Ency. PI. and Pr., 120, 125. Jurisdiction of the person may be acquired by consent; but jurisdiction of the subject-matter of an action or other legal proceeding may not be acquired by consent or stipulation. 20 Ency. PL and Pr., 609: Bartel v. Hoey',, 3 Col., 279; Molindin v. Colo. Central E. E„ Co., Id. 174: How an appeal must be taken from the probate to the district court: Laws of 1891, p. 158, sec. 40; Laws of New Mex. The…
1Opinion of the Court
OPINION OF THE COURT.
MILLS, C. J.
Of the seven assignments of error only the sixth and seventh will need any considerable discussion by us, as the others can readily be disposed of.
The first and fifth assignments will be considered as one. The first alleges that the transcript of record from the probate court filed in the district court, contained no copy of the will of Menna Teopfer, and the fifth alleges that the court erred in declaring said will not “eligible to probate” because said will was not before the court.
Our examination of the transcript of record shows that the will was certified…
2Cases cited6 opinions
- Tyler v. TylerIllinois Supreme Court · 1857
- Fallon v. ChidesterSupreme Court of Iowa · 1877
- Garrett v. DabneyMississippi Supreme Court · 1854
- Swan v. HammondMassachusetts Supreme Judicial Court · 1884
- Morgan v. IrelandIdaho Supreme Court · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Levers v. HoustonNew Mexico Supreme Court · 1945
- In Re Vigil's EstateNew Mexico Supreme Court · 1934
- Boddy v. BoddyNew Mexico Supreme Court · 1966
- In Re Roeder's EstateNew Mexico Supreme Court · 1940
- In Re Lewis' WillNew Mexico Supreme Court · 1937
6 more not listed; retrieve them via the Exa API.