The Mountaineer. [volume] (Great Salt Lake City [Utah]) 1859-1861, 1861-02-09
SUPREME COURT.

r. ~ -. 4 y {.
AFrKAL FROM rms DISTRICT counf ron can.
soy eoUNTY.. M
! DpiaioH Of I'm. n f. Riaaep, chr
Justice
Snsan Kenyon Gled her petition IN the
district court for divorce. charging a,Inl,
tefy,and praying that The bonds Of niatri
Iiony between her and her said husband
be totally dissolved; also Tor the care ana
custody Of che children. aud for scrfr!
ate estate out ~ the property II tie dc!
.fendant. y.
Kenyon answered, denying the faets
charged, and alleged tbat tic petitioner
Was herself guilty 81. the crime Imputed
TO him.
a bill Of exceptions was taken On TIC
trial by which il seems. among other
objections made 10 the jurisdiction 81 Inc
court, and oyefraltd, was one. tIiat the
district court had no jurisdiction IL the
nctionot divorce.
The cenrt tlseFeel divorce from he'd
and board, the care and gaardiaHsbip Of
the children, and two thousand aud five
hundred dollars rs tliniony 10 The plain.
til. .
The defendant arpeals, and contends
under the statutes 81 Utah. tie district
court has no Jurisdiction whatever over
eases Of divorce. Other questions are
raised hnt tbls Il tlle only one necessarily
70 CONSIDER. sec u pege 6a Revised
Laws, y relied upon ~ support Of this
posiupn; II provides Y hat the Cprrt
~, irosalc 70 inc county where the plain
IN Feslaes, slialt nave nrlstiretlon IN all
eases s.. ~ ui9ofte ana atiinoly aud Of guar
l'lllslii aHst hlssflaltiol 81 property COM
y nes !, thefeEis1''. ....s. /.
Z, = !, ms MS. seA!lee y NOT ~ coiliiict with
,i.e ytalis AS y = supreme. aiil must
y y1ses.sa ! Y ,os y eol'illet unless
!. !, ei.hsr uet'ogntes from. the powers ex.
y.us,Ne'J eon,ettea upon Tue district eonrts
y tse acts pr eoniers uhWarrallted pow-
CTS iron the PROBATE courts. Tart OF see.
Y reads as follows; . And be II farther
cnacted mat me judicial power Of said
lerlItory shall be vested u q supreme
COURT gi district courts, probate courts, and
IA justices OF the peace.
{ Atler providing ler supreme court, II |
states that the Territory shall be divided
INTO three judicial districts, and a district 1
court shall be held - each Of said dis /
trIcts by one Of the Justices Of the SUI.
prenle court, at such time and place as
may be, prescribed by law, and the judges
sliall, after their appointments, respec-
lively reside ~ The districts which shall
De assigned them. The Jurisdiction OF |
the several courts herein provided for,
both appellate and original, and that Of
The probate courts, aud Justices Of tho
peace, shall be as limited BY law. Then
follows an Inhibition upon Justices Of the
peace; and the section farther provides
thar the supreme and district courts re.
spectiSely, shall possess ehnnccFy as veil
as common law jurisdiction. h ., > ...,::
The Judicial power Of tiie Territory Is |
vested 10 Tour senafntea and distinct courts I
!. Inc legislation asto one Of these eeuris,
That OF justices Of lAe. peaet, Il restrict.
81, ettt conlinet! within certain we'll de-
itaed bsuHasi bat with this exception,
ihe J''risiicllon Of the several courts Shall
be as liiislted BY law, except that the. leg.E
Statute cannot e1rtall the elancery nndt
common lay Jurisdiction Of the supreme, |
and district courts: No law Of the Ter
rii9ty can deprive these courts Of ttet
power 70 tXeretse this Jurisdiction, bel
cEuse = u conferred bya higher autbori.
y Ihe portion q the section under
ronsllier4tIatn, contains two radical prof.
VISIONS tAo iiisttltefabls legislative bars
riers; ilrst aIsli,lst eonterflag jurisdiction
apen justices q The leaeeiia eef taiu eases;
second, against enefoaching npou Che COM
n nc law and ehaneery jurisdiction Of the
supreme and district courts ISL J, ;.5 {
Is the statute eonterring exclusive .iuris-
etettcn upon probate courts in actions OF
divorce, an Interference With this iarisiic-
ton oil tue district eoRTtsE To arrive at q
proper solution OF thus question, we must
tniiiiFa what IS n'Pai't Gy'cAanecry, and
common law Jurisdiction, ChuHeery jn-I
flstlietiea may be defined TO ttc,a Judicial
power TO hear and determine al eases
wherein the law for It's universally. can
mol i'ii,lEd relief r.
Early ~ the. historf:of jurisprudence,
the administration Of justice in tie ordf.I
aary courts was found 10, be incomplete,
and hepce arose the necessity of separate
courts. o. equity, which were organized
about the reign ct Mag Edward ! H., for
me purpose Ut correcting dat. wherein.
tile law was detective, and matters OF