Wahl v. Franz
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the Eastern District of Arkansas. On the 9th day of December, 1895, Joseph Molen died at Hot Springs, Ark. On the 24th day of the same month Adele Wahl presented to the clerk of Car-land county, Ark., a paper purporting to be the last will and testament of Joseph H. Molen, by the terms of which she became the sole devisee, after the payment of the debts and funeral charges.
Read the full summary
In Error to the Circuit Court of the United States for the Eastern District of Arkansas. On the 9th day of December, 1895, Joseph Molen died at Hot Springs, Ark. On the 24th day of the same month Adele Wahl presented to the clerk of Car-land county, Ark., a paper purporting to be the last will and testament of Joseph H. Molen, by the terms of which she became the sole devisee, after the payment of the debts and funeral charges. This will was proven before the clerk of the probate court, in vacation, and a certificate of probate granted to her, subject to the confirmation or rejection of the…
1Opinion of the CourtRogers, District Judge
In Railroad Co. v. Davidson, 157 U. S. 201, 15 Sup. Ct. 563, 39 L. Ed. 672, it was distinctly held that under section 2 of the act of March 3, 1887, as corrected by the act of August 13, 1888 (25 Stat. 433), the jurisdiction of a United States circuit court, on removal *682by tbe defendant from a state court, is limited to such suits as might have been originally brought in the United States circuit court by the plaintiff under- the first section of that act. All the courts have followed that decision, which is now the settled law. It is also decided in the same case that “the question is a…
2Cases cited39 opinions
- Mansfield, Coldwater & Lake Michigan Railway Co. v. SwanSupreme Court of the United States · 1884
- Boom Co. v. PattersonSupreme Court of the United States · 1879
- Payne v. HookSupreme Court of the United States · 1869
- Shaw v. Quincy Mining Co.Supreme Court of the United States · 1892
- Railway Co. v. Whitton's AdministratorSupreme Court of the United States · 1872
34 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Williams v. CrabbCourt of Appeals for the Seventh Circuit · 1902
- Caesar v. BurgessCourt of Appeals for the Tenth Circuit · 1939
- McKown v. Kansas & T. Coal Co.U.S. Circuit Court for the District of Western Arkansas · 1901
- Denning Wire & Fence Co. v. American Steel & Wire Co.Court of Appeals for the Eighth Circuit · 1909
- In re Jessie's HeirsDistrict Court, E.D. Oklahoma · 1919
9 more not listed; retrieve them via the Exa API.