de Harrison v. Perea

Decided August 28, 1902

New Mexico Supreme Court · decided 1902-08-28

court of Santa Fe county, before John R. MoFie, Associate Justice. Held: If there is anything besides death which is not to be doubted, it is that the orphans’s court alone has authority to ascertain the amount of the decedent’s property and order its distribution among those entitled to it, McPherson v. Conliff, 14 Am. Dec. 663 and note; Whiteside v. Whiteside, 29 Penn. St. 474.

Cited by 2 later decisions — most recently February 1910

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Appeal dismissed and cause remanded · Decided 1902-08-28

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¶1OPINION OF THE COURT.

BAKER, J.

¶2This is an appeal from the district court, of Santa Fe county, from the following order: “This cause coming on to be heard on demurrer heretofore filed in the above-entitled cause, and the court having heard counsel for both plaintiff and defendants and being now sufficiently advised in the premises, the saM demurrer is overruled.” In the opinion of the court this is an interlocutory order, from which an appeal will not lie. At the last sitting of this court it was so- held in Jung v. Myer, 68 Pac. 933; Machen v. Keeler, Id., 937; Board, etc., v. Blackington, Id. 938.

¶3Appeal dismissed and cause remanded for further proceedings.

Mills, C. J., McMillan and Parker JJ., concur.McFie, A. J.,- having tried the case below did not participate in this decision.