Clarke v. Perry
ZENO B. CLARKE v. GEORGE O. PERRY
- Area
- civil
- Panel
- Solomon Heydenfeldt (author)
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion — Heydenfeldt
Heydenfeldt, J., delivered the opinion of the Court.
Murray, C. J., concurred The Probate Court is a Court of special and limited jurisdictions. Most of its general powers belong peculiarly and originally to tlie Court of Chancery, which still retains all of its jurisdiction. Where, therefore, a bill is filed in chancery against an administrator to compel him to account, by one who has not been an actual party to a proceeding or settlement in the Probate Court, he may totally disregard such proceeding or settlement; and although the settlement in the Probate Court is a final settlement, the complainant, who was no party to it, may treat it as a nullity, and proceed to invoke the equitable powers of the District Court, and compel the administrator to a full account. The Court below erred in excluding the evidence offered by the complainant fo sustain the allegations of his bill, and tlie judgment is reversed, and the cause remanded.
Cited by
- Walls v. Walker · 1869-07-01