Duke v. State
Mississippi Supreme Court
Error to the Circuit Court of Pontotoc County. Hon. J. W. C. WatsoN, Judge. Whether the minor resided out of the county in which the Probate Court that appointed the guardian was held was a fact to be determined by the jury, and the record should not have been excluded on that ground. But, even if the fact was established, the appointment was not void. The case of Herring v. Goodson, 43 Miss. 392, does not so decide.
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Error to the Circuit Court of Pontotoc County. Hon. J. W. C. WatsoN, Judge. Whether the minor resided out of the county in which the Probate Court that appointed the guardian was held was a fact to be determined by the jury, and the record should not have been excluded on that ground. But, even if the fact was established, the appointment was not void. The case of Herring v. Goodson, 43 Miss. 392, does not so decide. In those States, where the appointment of a guardian of a minor residing out of the jurisdiction is held to be a nullity, the statutory provisions are explicit. But under…
1Opinion of the CourtChalmers, J.
This is a suit upon an administrator’s bond to recover the amount due the plaintiff, as one of the distributees of the estate of his deceased grandfather, as shown by the final settlement of the administrator’s account. The administrator, being now a non-resident, is not sued; but the suit is defended by his sureties, who plead payment. In support of their plea, they offered a record from the Probate Court of Pontotoc County which showed that, immediately after the administrator’s final settlement, he had been by said court appointed guardian of the plaintiff, who was then a minor, and had…
2Cases cited1 opinion
- Earle v. CrumMississippi Supreme Court · 1868