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48 Mass. 211

Cross v. Cross

Massachusetts Supreme Judicial Court

Decided October 15, 1843

Massachusetts Supreme Judicial Court · decided 1843-10-15

Petition for leave to enter an appeal, pursuant to Rev. Sts. c. 68, § 13, taken from a decision of the commissioners of insolvency, appointed to receive and examine the claims of creditors against the estate of Nathaniel Cross, the appellees’ intestate, disallowing a claim of more than $300, made against said estate by the appellant.

Decided 1843-10-15

Shaw, C. J.

¶1We have already had occasion to decide, on the present circuit, (Sabine v. Strong, 6 Met. 270,) that the appeal to this court, from commissioners of insolvency, on a demand over $300, is not taken away by St. 1840, c. 87, and that the court of common pleas has no jurisdiction of such case; and we are of opinion, for the reasons there given, that this case is precisely within the principle of that decision. But as this depended upon the construction of a new statute of great practical importance, of which, when this appeal was dismissed, there had been no judicial construction, we are of opinion that eave to enter the appeal ought now to be given.

¶2Petition granted.

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