In Re Simmons Ex Rel. Frink

Appellants propound seven questions, each of which

they say must be answered in the affirmative to sustain the judgment.

The first is: Was Hewett’s appointment as guardian invalid? They contend the record establishes the inquisition in lunacy was a nullity because notice of hearing was not served on the alleged incompetent until 4 p.m. and the hearing was had at 4:30 p.m. on the same date. This short interval of time deprived Johnson of an opportunity to prepare his defense and establish his mental competency, and because of this lack of time in which to prepare a defense, the adjudication with…