Emerson v. Emerson

This proceeding is a collateral attack in chancery in the circuit court for Kalamazoo county upon a guardianship order entered in the probate court for the county of Kent.

The circuit judge dismissed the bill of complaint holding that it failed to state a cause of action. In our review, we accept as true all well-pleaded facts contained therein. Schantz v. Ruehs, 348 Mich 680; Witt v. Tourn-A-Grip Co., 330 Mich 151; Stone v. Yost, 319 Mich 323.

These allegations include the following:

On October 21, 1955, plaintiff was committed to the Kalamazoo State hospital by an order of admission signed by…