Shapter v. Pillar
Supreme Court of Colorado
Error to the County Court of Arapahoe County. From a judgment, adjudging plaintiff in error so insane or distracted in mind as to render liim incapable of properly or safely attending to or managing his estate, and appointing a conservator for that purpose, he brings the case here on error.
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Error to the County Court of Arapahoe County. From a judgment, adjudging plaintiff in error so insane or distracted in mind as to render liim incapable of properly or safely attending to or managing his estate, and appointing a conservator for that purpose, he brings the case here on error. He is about 65 years of age, and has been afflicted with shaking palsy for over ten years last past, which has rendered him quite feeble physically, affected his power of speech, and, to some extent, impaired his mental faculties. He has an estate valued at between twenty-five and thirty thousand dollars,…
1Opinion of the Court
Mr, Justice Gabbert
delivered the opinion of the court.
It is suggested by counsel amicus curiae that the plaintiff *212in error having been adjudged incapable of managing his own affairs, this proceeding should be dismissed for the reason that he cannot now prosecute a cause, except through the intervention of a guardian or next friend; or if this is not the correct view, we should require him to be brought into our presence for the purpose of ascertaining his mental condition, and capability of electing to prosecute the writ of error in this case. The constitution provides, sec. 23, art. 6, that…
2Cases cited8 opinions
- Ferguson v. . HubbellNew York Court of Appeals · 1884
- Stumore v. ShawCourt of Appeals of Maryland · 1887
- In re MossCalifornia Supreme Court · 1898
- Smuggler Union Mining Co. v. BroderickSupreme Court of Colorado · 1898
- Cuneo v. BessoniIndiana Supreme Court · 1878
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Smith v. SmithSupreme Court of Alabama · 1950
- Matter of Estate of MerkelMontana Supreme Court · 1980
- In Re the Guardianship of CoburnCalifornia Court of Appeal · 1909
- MacDonald v. La Salle National BankIllinois Supreme Court · 1957
- Denver & Rio Grande Railroad v. VitelloSupreme Court of Colorado · 1905
6 more not listed; retrieve them via the Exa API.