Legal Opinion

Montgomery v. Smith

Court of Appeals of Kentucky

Decided November 13, 1835PublishedCited by 3 opinions

Motion. From the Russell County Court.

1Opinion of the CourtChief Justice Robertson

In 1823, the County Court of Adair appointed Francis Montgomery guardian for Robert Montgomery.

In 1834, the County Court of Russell county, without the knowledge of Francis Montgomery, permitted Robert Montgomery (then being, as alleged, fourteen years old,) to choose another guardian, and thereupon appointed William Smith, the person so chosen, as guardian, in lieu of the former guardian.

The only question now to be decided, is, whether the County Court of Russell had jurisdiction to thus supplant the guardian who had been appointed by tlje County Court of Adair.

As the Court of the county of…

2Cited by3 opinions

  1. Central Trust Co. v. McCarrollCourt of Appeals of Kentucky · 1910
  2. Dorman v. OgbourneSupreme Court of Alabama · 1849
  3. Mays v. MaysCourt of Appeals of Kentucky · 1880

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