Poole v. Brown

Citations

• 12 S.C. 556
• 1879 S.C. LEXIS 61

Syllabus

<p>1. This court, on an appeal, can exercise jurisdiction of only such matters as were within the original jurisdiction of the court in which the action was instituted.</p> <p>2. This court, on appeal, will, of its own motion, take notice of the want of jurisdiction in the Court of Probate of a suit commenced in that court, where the allowance of the appeal would require further action in the case by the Court of Probate.</p> <p>3. The Court of Probate has no jurisdiction of a petition in the nature of a bill in equity by a cestui que trust against his trustee for an accounting, when it does not involve any matters testamentary. Const., Art. IV., \\ 20.</p>