Legal Opinion

Moore v. Philbrick

Supreme Judicial Court of Maine

Decided July 1, 1850PublishedCited by 1 opinion

Assumpsit to recover a debt alleged to have been due to Benjamin Moore. The case was submitted on facts agreed.

1Opinion of the CourtWells, J.

By statute, c. 105, § 3, a Judge of Probate has power to grant administration upon the estate of a person, who, at the time of his decease, resided in the county, within which the Judge has authority to exercise his jurisdiction. And where it is granted, upon the estate of one who had his domicil in this State at the time of his decease, in a county where he did not reside, such administration is void. If a Judge of Probate has no jurisdiction over the case upon which he undertakes to adjudicate, his proceedings by the common law are coram non judice, and have no binding force upon any one.…

2Cases cited2 opinions

  1. Cutts v. HaskinsMassachusetts Supreme Judicial Court · 1813
  2. Jewett v. JewettMassachusetts Supreme Judicial Court · 1809

3Cited by1 opinion

  1. Baca v. BuelNew Mexico Supreme Court · 1922

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