Perris v. Higley
Supreme Court of the United States
Error to the' Supreme Court, of the Territory of Utah'. The case, which involved a questiSu.. as-tp-the jurisdiction - of. the Prdbáte Courts of Utah, was thus: In 1850 .Congress passed an act “ to' establish- a Territorial ^government for Utah,■” the organic act gdverning-.the Territory.* The act is-a long act, of seventeen sections.
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Error to the' Supreme Court, of the Territory of Utah'. The case, which involved a questiSu.. as-tp-the jurisdiction - of. the Prdbáte Courts of Utah, was thus: In 1850 .Congress passed an act “ to' establish- a Territorial ^government for Utah,■” the organic act gdverning-.the Territory.* The act is-a long act, of seventeen sections. It. defines the boundaries of Utah.; establishes an executi.ve"power and defines its duties; provides foi’ a secretary of the Territory and defines his duties. It establishes also-» legis.lative,” power; declares of whorii it shall be cb'mposed, and how the…
1Opinion of the CourtJustice MIIfLER
■ 'The single question in this ease is whether the Probate Court had jurisdiction to-hear-and determine such an action as it heard and determined in the present case; and this must be decided by a construction of the statute 'of the Territory and the provisions of the act of Congress Organizing the Territory.
A statute of the- Territorial legislature enacts that “the several Probate Courts, in their respective counties, have power to exercise original jurisdiction, both civil and criminal, .and as well in chancery as at common law, when not prohibited by legislative enactment, and they shall…
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