Patten v. Cilley
Supreme Court of New Hampshire
Appeal, from a decree of the probate court allowing a certain instrument as the will of Matilda P. Jenness. April 1, 1890, the defendant, Cilley, filed his petition for the removal of the appeal to the circuit court of the United States, on the ground of diverse citizenship. September 26, 1892, the cause was remanded to this court, for the reason that the circuit court held that it had no jurisdiction of tlie subject-matter of tlie proceeding.
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Appeal, from a decree of the probate court allowing a certain instrument as the will of Matilda P. Jenness. April 1, 1890, the defendant, Cilley, filed his petition for the removal of the appeal to the circuit court of the United States, on the ground of diverse citizenship. September 26, 1892, the cause was remanded to this court, for the reason that the circuit court held that it had no jurisdiction of tlie subject-matter of tlie proceeding. Thereupon the defendant filed another petition, with a sufficient bond, for a removal of the cause, alleging under oath that the parties were residents…
1Opinion of the Court
Her Curiam. *
1. The defendant’s application for the removal of tlie cause to tlie federal court, on the ground of local prejudice, presented a jurisdictional question which counsel have argued at considerable length, but upon which tlie opinion of this court would be of little practical value. After tlie trial, the federal court decided tliat it bad no jurisdiction of tlie subject-matter, and dismissed tlie petition. In re Cilley, 58 Fed. Rep. 977. As this court lias no power to overrule that decisiou, or to compel the circuit court to entertain jurisdiction of the case, a reexamination here…
2Cases cited1 opinion
- Foster's Exrs. v. DickersonSupreme Court of Vermont · 1891
3Cited by7 opinions
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- Daley v. Judge of ProbateSupreme Court of New Hampshire · 1939
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