CREDITORS CANNOT RAISE NEW MATTERS ON APPEAL CARL XIII (1748-1818, from 1809 King of Sweden)

Signed Judgment, in Swedish with translation, in the Appeal "to the King's Leniency", by Public Prosecutor District Judge E.P. Laurin, on the one side, against Anna L. Spångberg, Widow of District Attorney, Assessor Carl A. Wahrenberg, on the other.
In this interesting case, the widow had applied to the local (town or municipal) Court at Nora for two things: Division of Marital Property, and Disclaiming her Inheritance on behalf of herself and her children. The latter appears to have been made so as to avoid liability for future debts against the estate, which was bankrupt. The Local Court refused the first but granted the second. The Crown went to the Appeal Court, claiming that debts such as taxes might emerge in the future. The Appeal Court of Svea [Sweden proper] confirmed the Local Court's decision, and the Crown Prosecutor humbly appealed to the King.
Previously, in the Appeal Court, the Crown had claimed that "the application for disinheritance was not made to the Local Court within One Month after the inventory was taken," but the Court found that 3 months was allowed and a further month for renouncing the inheritance, the document quotes the relevant sections of the Bankruptcy Act, 1798, and supplementary declarations, the document continues "The King's Majesty has graciously allowed the papers lodged in this case to be addressed to him; and inasmuch as the Appeal Court noted that District Attorney Stedengren, both in his address to the Local Court, and in his subsequent correspondence, only disputed the widow's application for Division of Marital Property, without making any reference to her, or her children's, or any other person's statement about disclaiming the inheritance", and according to "The Bankruptcy Statute, 1798" and "the King's Brief of the 30th September 1801", "a Creditor who does not at an appeal or in subsequent correspondence make a claim against the wife seeking the Division of Marital Property, shall be held to have conceded the relief sought", and by "the King's Declaration of the 15th January 1806 ... a Creditor, who does not before the end of the correspondence state all the reasons that he will cite in one or another respect, has no right to present further proof in that Court or in a Higher Court, of matters which were tried in the first Court ... there is no question, as District Judge Laurin supposed, of a new reason for a statement already made, but of a quite new claim never raised by the Crown's Representative. As a result the distinction drawn by the Crown's Representative in the Local Court ... must fail. The King's Majesty therefore graciously thinks fit to approve and confirm the Court of Appeal's Judgment", 4 sides folio with papered seal showing Royal titles and arms, Stockholm Castle, 20th June

Carl XIII had served with distinction in the war with Russia of 1788, especially at the battles of Hogland and Öland, and at the latter would have won a signal victory but for the unaccountable remissness of his second-in-command. In 1792 he became regent for his nephew Gustaf IV, who however became gradually insane and was deposed in 1809. The new king was now himself infirm and from 1810 Bernadotte was in control, being soon adopted by Carl XIII as his heir, and succeeding as Carl XIV Johan in 1818. By the union of 1814 Carl XIII became the first king of Sweden and Norway.

Item Date:  1814

Stock No:  16600      £275

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