Opinion
Fall Session 1838.
APPEAL from the Register for the probate of wills, c. c.
Wales, for appellant.
J. A. Bayard, for respondent.
An application was made to the court to reserve the questions arising in this case for hearing in bank; and, after debate, the court considered they had not the power to reserve the questions in a case pending in this court as a court of appeals from the register's decree If such power does exist, then the court would have the same power in a case here on appeal from the Orphans' Court, which the constitution certainly does not contemplate.
It is true, the expressions in the constitution (sec. 7,) are large; but they evidently have reference to cases standing originally in Superior Court from the provision immediately following m reference to proceeding in the cause to verdict, c.
Motion refused.