Legal Opinion

In re Hendrickson

South Dakota Supreme Court

Decided March 26, 1918No. File No. 4261PublishedCited by 6 opinions

Appeal from Circuit. Court, Hamlin County. Hero. Carr G. Si-iErwood, Judge. In -the matter of Maria Hendrickson, am allegad imocimpetent. From a judgment of the circuit court reversing an order of t!h.e ■county 'Court denying- a motion to quash service of a citation and dismiss' proceeding's for want or jurisdiction over the person of the alleged 'Incompetent, Minnie K. Wayryuen and1 another appeal.

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Appeal from Circuit. Court, Hamlin County. Hero. Carr G. Si-iErwood, Judge. In -the matter of Maria Hendrickson, am allegad imocimpetent. From a judgment of the circuit court reversing an order of t!h.e ■county 'Court denying- a motion to quash service of a citation and dismiss' proceeding's for want or jurisdiction over the person of the alleged 'Incompetent, Minnie K. Wayryuen and1 another appeal. (1) To point ¡one of the opinion, Appellants citad: Prob. ■Code, Sec. 412. (2) To point two of the opinion, Resplendent cited1: Raher v. Raher et al., (Ia.) 129 N. W., 494.

1Opinion of the CourtGates, J.

Verified petitions were filed in the county court •of Hamlin county, representing that Maria Hendrickson of said ¡county, and the owner of certain described real property therein, was mentally incompetent to care for herself and to manage her ¡Ipraperty, and asking that her brother, ¡one of the petitioners, be •appointed guardian elf her person and' property. A ¡day was fixed for hearing the petitions and the court caused a citation 'to be issued to the alleged incompetent. On the return day the citation was filed ¡showing a non est return, and an affidavit was filed, • showing that on the…

2Cases cited5 opinions

  1. Pennoyer v. NeffSupreme Court of the United States · 1878
  2. Mabee v. McDonaldTexas Supreme Court · 1915
  3. Nichols v. VaughanMassachusetts Supreme Judicial Court · 1914
  4. Raher v. RaherSupreme Court of Iowa · 1911
  5. Straub v. Lyman Land & Investment Co.South Dakota Supreme Court · 1913

3Cited by6 opinions

  1. Milliken v. MeyerSupreme Court of the United States · 1941
  2. D. W. Onan & Sons, Inc. v. Superior CourtArizona Supreme Court · 1947
  3. Cone v. BallardSouth Dakota Supreme Court · 1942
  4. Ellsworth v. EllsworthNew York Supreme Court · 1947
  5. Edwards v. SmithSupreme Court of Iowa · 1947

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