33 A.2d 874 | N.J. | 1943
The decree under review will be affirmed, for the reasons expressed in the opinion of Vice-Chancellor Bigelow supplemented, however, as follows:
Appellant now for the first time contends that Chancery had no jurisdiction to entertain the proceeding for the reason that when the bill was filed the will had not been probated. The bill of complaint was filed August 14th, 1942; the answer, September 3d 1942; the replication, September 4th, 1942. The will was probated October 14th, 1942. The cause came on for hearing on December 14th, 1942; and still later, according to the Vice-Chancellor's conclusions, counsel appeared and submitted additional proofs upon which findings were requested. Appellant concedes that the events moved in that fashion but seeks to support her present objection upon the proposition that acquiescence of parties does not serve to confer jurisdiction over the subject-matter.
The rule is that parties cannot, by consent, give a court jurisdiction of the subject-matter which the court did not have without such consent. 7 R.C.L. 1039; State v. Baker,
The decree below will be affirmed.
For affirmance — THE CHIEF-JUSTICE, PARKER, CASE, BODINE, DONGES, HEHER, PERSKIE, PORTER, COLIE, DEAR, WELLS, RAFFERTY, HAGUE, JJ. 13.
*98For reversal — None.