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New York, 31 U. Justia Opinion Summary and Annotations. Syllabus Case U. Supreme Court New Jersey v. New York 31 U. By the Court: "The demurrer filed in the case by the Attorney General of New York, he being a practitioner in this Court, is considered as an appearance for the state. Page 31 U.
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US State Law. Other Databases. Legal Marketing. CourtListener is a project of Free Law Project , a federally-recognized c 3 non-profit. We rely on donations for our financial security. Donate Now. Sign In Register. Filed: February 18th, Precedential Status: Precedential. Citations: 31 U. LEXIS Docket Number: Unknown. Supreme Court Database ID: THIS case came before the court on a certificate of division in opinion of the judges of the circuit court of the United States for the district of Rhode Island.
The same cause was before the court on a writ of error at January term The case was again tried in the circuit court of Rhode Island at June term ; and the points on which the judges of that court were divided were certified to this court. After the case had been argued by Mr Dutton for the plaintiff, with whom also was Mr Webster; Mr Whipple for the defendant, with whom also was Mr Wirt, proposed to read, as evidence of the law of Rhode Island upon the probate of wills and granting of administration, and of the other matters therein stated, the following certificate:.
New Jersey v. New York, 31 U.S. 323 (1832)
Secretary's office, January 7, I certify, that from an examination of the records of said state it appears, that on the 1st day of March , an act was passed entitled, 'an act for the probate of wills and granting of administrations. I further certify, that from the year until June , the general assembly took cognizance of and tried appeals from the general court of trials; which court was composed of the governor, deputy governor, and assistants.
That at June session , an act was passed establishing a superior court of judicature, consisting of the governor, deputy governor, and assistants. That thereby an appeal in personal actions was allowed from said superior court to the general assembly.
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That the general assembly continued to try appeals therefrom until June , when a court of equity was established and authorised to hear appeals in personal actions from the superior court of judicature agreeable to law and equity, in as full and extensive manner as the general assembly had been accustomed to do. That in February , an act was passed abolishing said court of equity, and authorising said superior court to review causes by them decided.
I further certify, that the general assembly of the colony, and also of the state, have been and now are accustomed to exercise a revisory power in granting new trials, upon petition therefor. That the assembly have and now do license the sales of real estate for the payment of debts of persons deceased, upon petition of the executor or administrator; and also license the sale of the real estate of minors upon petition of the guardian.
Opinion of the Supreme Court of the United States, at January Term, 1832,
By his excellency, Lemuel H. Arnold, governor, captain-general and commander-in-chief of the state of Rhode Island and Providence Plantations. Be it known that the name 'Henry Bowen,' to the aforesaid written attestation subscribed, is the proper hand writing of Henry Bowen, Esquire, who, at the time of subscribing the same, was secretary of the state aforesaid, duly elected and qualified according to law: wherefore, unto his said attestation full faith and credit are to be rendered.
In testimony whereof I have hereunto set my hand and caused the seal of said state to be affixed, at Providence, this seventh day of January, in the year of our Lord one thousand eight hundred and thirty-two, and of independence the fifty-sixth. Mr Justice Thompson.
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The paper is evidence of the dates of the laws, but it is otherwise inadmissible. If it is offered as evidence of a custom in Rhode Island, it should have been laid before the jury, by whom the question whether such was the custom should have been decided. The facts stated in the certificate cannot be inquired into by this court in this form. Mr Justice Story. It is incompetent evidence. The laws must be produced to show what they are, and their dates.