Carter v. Cutting

U.S. District Court

Decided November 15, 1812

U.S. District Court · decided 1812-11-15

[Petition by the heirs of Sally Carter to revoke the probate of her will, devising her estate to Sally C. Cutting, wife of J. B. • Cutting.] An issue was sent by the orphans’ court of this county, to this court, to try the question devisavit vel non. made a motion to change the venue to Washington county, founded upon the defendant's affidavit of partiality and general prejudice in this county.

Decided 1812-11-15

THE COURT,however (THRUSTON, Circuit Judge, absent),

¶1was of opinion that it was not a case which could be transferred to another county under that act.

¶2See, also, Alexander v. Wise, May term, 1844 [unreported].