Opinion
Opinion, March 28, 1945.
Jurisdiction of Supreme Judicial Court.
The Supreme Judicial Court sitting as a Law Court can hear and determine only those matters authorized by statute and brought to it through the statutory course of procedure.
Jurisdiction over a cause not legally before the Law Court does not exist and cannot be conferred by consent of the parties.
The Law Court in this State does not have supervisory jurisdiction over inferior courts under Section 7, Chapter 91, R. S., 1944.
The Law Court is a court of review and not of original jurisdiction. It cannot extend its statutory powers.
An appeal from the Supreme Court of Probate not being authorized by statute does not bring forward for review any phase of the case in which it is entered.
When it is patent that jurisdiction is lacking decision is a nullity and proceedings must stop.
ON APPEAL.
Appeal by one of the beneficiaries under the will of Horace Williams from a decree of the Judge of Probate allowing the sixth account of the trustee under said will. Appeal was taken to the Superior Court of Kennebec County sitting as Supreme Court of Probate. A rule of reference was issued. The question being raised as to the power of the Supreme Court of Probate to refer such an issue, the trustee and all the beneficiaries entered into an agreement to refer the matter to referees and abide by their decision. The referees filed an opinion and the Superior Court Justice, sitting as Supreme Court of Probate, after hearing, filed a final decree which disallowed certain items in the sixth account of the trustee and remanded the case to the Probate Court for further proceedings. No objection was made or exception taken by the trustee or his counsel. Later counsel for the trustee withdrew and new counsel filed an appeal to the next Law Court. Motion to dismiss filed. Case dismissed.
Sewall, Varney Hartnett, for the appellant, Newton Edwards.
Ernest L. Goodspeed, for the trustee.
SITTING: STURGIS, C. J., THAXTER, HUDSON, MANSER, MURCHIE, CHAPMAN, JJ.
Appeal from decree of Judge of Supreme Court of Probate disallowing items in the account of a trustee and remanding the case to the Probate Court of origin for further proceedings. Motion to dismiss filed.
The Supreme Judicial Court sitting as a Law Court can hear and determine only those matters authorized by statute and brought to it through the statutory course of procedure. Simpson v. Simpson, 119 Me. 14, 15, 109 A. 254. And jurisdiction over a cause not legally before it does not exist and cannot be conferred by consent of the parties. Hatch v. Allen, 27 Me. 85; Davis, ex parte, 41 Me. 38; Milliken v. Morey, 85 Me. 340, 341, 27 A. 188. An appeal from the Supreme Court of Probate is within these rules. It is not authorized by statute and does not bring forward for review any phase of the case in which it is entered. Cotting v. Tilton, 118 Me. 91, 106 A. 113; Tuck v. Bean, 130 Me. 277, 155 A. 277; Bronson, Appellant, 136 Me. 401, 11 A.2d 613.
Nor has the law Court in this State supervisory jurisdiction over inferior courts under Section 7, Chapter 91, R. S. 1944. That is vested in the Supreme Judicial Court sitting at Nisi Prius. The Law Court is a court of review and not of original jurisdiction. It cannot extend its statutory powers. Mather v. Cunningham, 106 Me. 115, 75 A. 323. If this were not so the incongruity of invoking original jurisdiction by appeal is apparent.
When it is patent that jurisdiction is lacking decision is a nullity and proceedings must stop. Kelley, Appellant, 136 Me. 7, 1 A.2d 183. It is here so ordered.
Case dismissed.