Higbee v. Higbee
Utah Supreme Court
Appeal from a judgment of the district court of the first district. The opinion states the facts. It is not within the competence of a legislature, by the exercise of mere legislative power, to grant a divorce. The passage of such an act by the forms of legislation is not the exercise of legislative power. The organic act vested in this territorial legislature legislative power, extending “to all rightful subjects of legislation.”
Read the full summary
Appeal from a judgment of the district court of the first district. The opinion states the facts. It is not within the competence of a legislature, by the exercise of mere legislative power, to grant a divorce. The passage of such an act by the forms of legislation is not the exercise of legislative power. The organic act vested in this territorial legislature legislative power, extending “to all rightful subjects of legislation.” The limitations which affect the power of legislative bodies' in the territories, and all legislative bodies under the operation of the guaranties contained in the…
1Opinion of the Court
ZANE, C. J.:
This is an appeal from the judgment of the district court affirming a decree of the probate court, denying the right of Sophia E. Higbee, the petitioner, as widow of the late Lyman P. Higbee, and distributing his entire estate to another.
It appears from the findings that Lyman P. Higbee died intestate at Ogden City, Utah territory, on the 2nd day of February, 1883, leaving an estate which, after the payment of all his just debts, amounted to about $3000. The petitioner is entitled to one half this estate if, at the time of his death, she was his lawful wife.
The facts are that…
2Cases cited4 opinions
- Calder v. BullSupreme Court of the United States · 1798
- Dash v. Van KleeckNew York Supreme Court · 1811
- National Bank v. County of YanktonSupreme Court of the United States · 1880
- Gaines v. Gaines'Court of Appeals of Kentucky · 1848
3Cited by5 opinions
- American Petroleum Institute v. Environmental Protection AgencyCourt of Appeals for the Fifth Circuit · 1981
- City of Los Angeles v. GagerCalifornia Court of Appeal · 1909
- In re ChristiansenUtah Supreme Court · 1898
- State Ex Rel. Villines v. FreemanSupreme Court of Oklahoma · 1962
- Flaherty v. JacksonSupreme Court of Louisiana · 1922