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Mcclellan Vs. Carland
Cites for this judgment
- US Supreme Court
- Apr 11, 1910
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U.S. 268 (1910) U.S. Supreme Court McClellan v. CarlandSearch
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U.S. 268 (1910) McClellan v. CarlandSearch
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courts of England, and it cannot be impaired by subsequent state legislation creating courts of probate. Waterman v. Canal-LouisianaSearch
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already properly obtained of a suit and turn the matter over for adjudication to the state court. Chicot County v. SherwoodSearch
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and, under this provision, we can undoubtedly issue writs of certiorari in all proper cases. Amer. Construction Co. v. JacksonvilleSearch
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In Whitney v. DickSearch
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and, as in Whitney v. DickSearch
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of citizenship in the court below, and, consequently, certiorari would not issue under the Act of 1891. In Whitney v. DickSearch
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of the United States, as construed and applied in the cases just cited -- In re Chetwood, 165 U.S., and Whitney v. DickSearch
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action of the court below. This rule was distinctly stated and the previous cases referred to, in Insurance Company v. ComstockSearch
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Barber Asphalt Co. v. MorrisSearch
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creating probate courts, has been so recently before this Court as to require no further consideration now. Waterman v. Canal-LouisianaSearch
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over for adjudication to the state court. This, it has been steadily held, a federal court may not do. Chicot County v. SherwoodSearch
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if not made a party to the suit, its rights would not have been concluded by any adjudication made therein. Tindal v. WesleySearch
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U.S. Supreme Court McClellan v. CarlandSearch
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Waterman v. Canal-LouisianaSearch
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Amer. Construction Co. v. JacksonvilleSearch
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U.S., and Whitney v. DickSearch
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