¶1 The probate court had no jurisdiction, and the assignment was a nullity. Ayer v. Weeks, 65 N. H. 248; McConnell v. Kelley, 138 Mass. 373. The appeal is sustained.
¶2 Decree of probate court reversed.
67 N.H. 328
36 A 254
Smith v. Stanley
Supreme Court of New Hampshire
Decided December 5, 1892
Supreme Court of New Hampshire · decided 1892-12-05
Appeal, from decrees of the probate court appointing a messenger and an assignee upon the estate of Stanley in insolvency. One reason assigned for the appeal is want of jurisdiction of the probate court, on account of non-residence of Stanley at the time of his assignment. The appellant is an attaching creditor of Stanley. Facts found by the court.
Cited by 2 later decisions — most recently December 1896
2 state decisions
Relies on McConnell v. Kelley · Ayer & Co. v. Weeks
Good law ✅— No negative treatment on recordhow we know
Decided 1892-12-05
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