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Robinson Vs. Fair

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  • US Supreme Court
  • Oct 22, 1888

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56 entries 7 linked 49 unlinked
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  1. Gunn Vs. Plant US Supreme Court · Jan 01, 1876
  2. Hall Vs. Law US Supreme Court · Jan 01, 1880
  3. Marchand Vs. Frellsen US Supreme Court · Jan 01, 1881
  4. Cheely Vs. Clayton US Supreme Court · Mar 10, 1884
  5. Ferris Vs. Higley US Supreme Court · Jan 01, 1873
  6. Cooper Vs. Reynolds US Supreme Court · Jan 01, 1869
  7. Settlemier Vs. Sullivan US Supreme Court · Jan 01, 1878
  8. U.S. 53 (1888) U.S. Supreme Court Robinson v. Fair
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  9. U.S. 53 (1888) Robinson v. Fair
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  10. It must be confessed that some support for this position is found in the general language employed in Zander v. Coe
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  11. People v. Fowler
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  12. Cal. 85, and Caulfield v. Stevens
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  13. Cal. 118. In Zander v. Coe
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  14. on one court the functions and powers which had been conferred by the Constitution upon another court. In People v. Fowler
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  15. to the court of sessions from a judgment in a criminal case tried in a justice's court, the court, referring to Zander v. Coe
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  16. In Caulfield v. Stevens
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  17. was unconstitutional. Whether the court had in view the rule of constitutional construction announced in Zander v. Coe
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  18. and People v. Fowler
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  19. it is impossible to say, for no reference is made to either case. As pointed out in Courtwright v. Bear
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  20. Mining Co., 30 Cal. 574, the decision in Caulfield v. Stevens
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  21. Section 9. Prior to Caulfield v. Stevens
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  22. Estate of De Castro v. Barry
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  23. Cal. 97, and Perry v. Ames
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  24. of the probate court, in cases of partition, could not be made concurrent with that of the district courts. In Perry v. Ames
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  25. specified cases at law. But the fullest discussion as to the general question is to be found in Courtwright v. Bear
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  26. It referred to Perry v. Ames
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  27. jurisdiction, and pronounced that doctrine to be correct. It further said that the dictum in Caulfield v. Stevens
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  28. must yield to the decision in Perry v. Ames
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  29. jurisdiction of district and probate courts of actions in equity to abate nuisances was reaffirmed in Yolo County v. City
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  30. in the state court to which our attention is called which bears directly on the question of jurisdiction is Rosenberg v. Frank
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  31. district courts is a question which need not be now decided. It is only necessary to accept the decision in Rosenberg v. Frank
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  32. it could Page 128 U. S. 85 not be conferred upon probate courts, for, according to the doctrine of Rosenberg v. Frank
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  33. real estate was unknown in the jurisprudence of this country, there would be ground under the doctrine of Rosenberg v. Frank
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  34. among the heirs at law of the deceased. It is proper in this connection to say that there is nothing in Ferris v. Higley
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  35. So far from the doctrines of that case militating against the decision of the Supreme Court of California in Rosenberg v. Frank
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  36. it was said in Ferris v. Higley
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  37. nor could it refuse to give it full effect unless the probate court was without jurisdiction of the case. Cooper v. Reynolds
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  38. by the record, will be presumed to be correct, and every intendment will be indulged in its support. Settlemier v. Sullivan
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  39. Pearson v. Pearson
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  40. A suit for partition in a probate court is a special proceeding, Waterman v. Lawrence
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  41. probate court was authorized by the statute. These views are in conformity with the recent decision in Carpenter v. Superior
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  42. U.S. Supreme Court Robinson v. Fair
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  43. Zander v. Coe
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  44. and Caulfield v. Stevens
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  45. In Zander v. Coe
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  46. In People v. Fowler
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  47. Courtwright v. Bear
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  48. Caulfield v. Stevens
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  49. and Perry v. Ames
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  50. In Perry v. Ames
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