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Constitutional Convention Commission (Committee Hearings, Testimony)
Volume 422, Page 1114   View pdf image (33K)
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249

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law.

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JUDGE CARTER: What is the difference between

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using probate and original jurisdiction?

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MR. ENEY: Original jurisdiction has a much

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more significant meaning than probate jurisdiction. Is

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the jurisdiction exercised by the Circuit Court in the

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administration of the estate of a decedent a probate

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jurisdiction?

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JUDGE BRUNE: May I suggest the administration

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of the People's Court is not administrative.

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MR. ENEY: That is right, guardianships and

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aiany other things.

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JUDGE PROCTOR: I would like to raise one

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question which I think is fundamental on this one aspect:

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It seems to me that you ought to say in the Constitution,

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the Supreme Court is the Supreme Court. The way this is

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drawn, as I see it, the Legislature could turn topsy

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turvy and make the Appellate Court the highest court if it

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saw fit and make the Supreme Court the intermediate court.

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THE CHAIRMAN: As they can now.

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JUDGE PROCTOR: That doesn't make it right.



 

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Constitutional Convention Commission (Committee Hearings, Testimony)
Volume 422, Page 1114   View pdf image (33K)
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