Administrators of Butts v. Price
Administrators of Butts v. Price
Opinion of the Court
The only point in this case upon which we deem it proper to give an opinion, is that which is specially stated and made the question upon the record; for being thus particularly reserved by the Court, it is to be intended that they wished it to undergo a further consideration, and that the parties expected by its decision to have a decision of the cause. Had the facts alone been found by the jury, and the verdict left at large for the judgment of the Court, the application of the law to it must have been guided by all the circumstances of the case, and then it would have been competent to enquire whether the objection made by the Defendant to the letters of administration could be attended to, after pleading to issue. But as the objection was received by the Court, who have not suggested any doubts as to the mode of making it, but have desired a determination purely on its merits ; as this Court has no power to correct the errors or reverse the decision of any other; and more especially, because it would introduce much confusion, and defeat the end for which this Court was established, if, when one question was especially referred to them, they should decide the cause upon others which might be collected from the record, we think ourselves confined to the question which has been made. Upon that some decisions have heretofore taken place in the Superior Courts, in conformity with the cases to be found in the books tending to shew that letters of administration
Reference
- Full Case Name
- The Administrators of Hilary Butts versus Isaac Price
- Status
- Published