Slattery v. Smiley
Court of Appeals of Maryland
Appeal from the Orphans’ Court of Baltimore city: The petition was filed in this case on the 7th of October, 1865, by the appellee against the appellant, who is a priest of the Roman Catholic Church, of the city of Baltimore, and who had been, on the 25th of October, 1862, duly appointed the guardian of Mary J. Magrath, an orphan and an infant, alleging that the appellant had been so appointed guardian at the request of the great-grandmother of the child, and against the…
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Appeal from the Orphans’ Court of Baltimore city: The petition was filed in this case on the 7th of October, 1865, by the appellee against the appellant, who is a priest of the Roman Catholic Church, of the city of Baltimore, and who had been, on the 25th of October, 1862, duly appointed the guardian of Mary J. Magrath, an orphan and an infant, alleging that the appellant had been so appointed guardian at the request of the great-grandmother of the child, and against the wishes of the mother, and claiming that he, the petitioner, was uncle to the child, and as such had a right to the…
1Opinion of the CourtGoldsborough, J.
The appeal in this case is taken from an order or decree of the Orphans’ Court of Baltimore city, passed on the 9th day of November, 1865, revoking the guardianship of the appellant, and appointing the appellee guardian to Mary Jane McGrath. The case was heard on petition, answer, replication and the testimony set out in the record.
The jurisdiction of the Orphans’ Courts to remove a guardian is derived from the 232nd section of the 93d Article of the Code. That section provides that the Orphans’ Courts “ may, on the application of an infant, or any person in his behalf, suggesting improper…
2Cases cited1 opinion
- Lefever v. LefeverCourt of Appeals of Maryland · 1854
3Cited by6 opinions
- Redman v. ChanceCourt of Appeals of Maryland · 1870
- Jones v. JonesCourt of Appeals of Maryland · 1875
- Macgill v. McEvoyCourt of Appeals of Maryland · 1897
- Forney v. ShrinerCourt of Appeals of Maryland · 1883
- Newton v. JohnsonCourt of Appeals of Maryland · 1937
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