¶1From the interposition of the legislature, we have reason to apprehend there is some hardship in this case. But sitting, as we do, as the Supreme Court of Probate, in virtue of a statute, we *145cannot extend our authority beyond the provisions of that statute. We think that the general powers given us to sustain appeals in civil actions cannot be extended to appeals from the Probate Courts. The resolve of the General Court gives us the same cognizance of this cause as if the appeal had been regularly claimed and entered, and no more —provided certain pre-requisites are performed. Those pre-requisites not having been performed, the appeal must be dis missed.
2 Mass. 150
Dean v. Dean
Massachusetts Supreme Judicial Court
Decided October 15, 1806
Massachusetts Supreme Judicial Court · decided 1806-10-15
<p>The discretionary power to sustain appeals, given by Stat. June 18,1791, does not extend to appeals from the Probate Court</p>
Good law ✅— No negative treatment on recordhow we know
Decided 1806-10-15
How this case has been cited
Cited by 7 later decisions — most recently June 1891
7 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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