Smith v. Young
Missouri Court of Appeals
Appeal from Lincoln 'Circuit Court. — Non. Jas. 'p. :Barnett, Judge. The court erred in refusing to declare the law to be that this proceeding was a direct attack upon the order or judgment of the probate court of Lincoln county appointing Young curator; and that no estoppel resulted from the fact that no appeal was taken from such order or judgment. In re Looney, 112 Mo.
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Appeal from Lincoln 'Circuit Court. — Non. Jas. 'p. :Barnett, Judge. The court erred in refusing to declare the law to be that this proceeding was a direct attack upon the order or judgment of the probate court of Lincoln county appointing Young curator; and that no estoppel resulted from the fact that no appeal was taken from such order or judgment. In re Looney, 112 Mo. App. 195. There is no question as to the fact that Mr. Jackson brought the child to this State upon the death of his wife and left her in the care and custody of Mr. and Mrs. Smith -with the understanding and agreement that…
1Opinion of the CourtNortoni, J.
(after stating the facts). — The jurisdiction of the probate court to appoint a guardian or curator for a minor is fixed by the domicile of the minor. [Lacey v. Williams, 27 Mo. 280; DeJarnet v. Harper, 45 Mo. App. 415.] And. as a general proposition, the domicile of the parent is the domicile of the minor. [Marheineke v. Grothaus, 72 Mo. 204; Garrison v. Lyle, 38 Mo. App. 558.] The domicile of the minor is a matter in pais which the probate court must find as a fact to support its jurisdiction in proceedings of this character. [Cox v. Boyce, 152 Mo. 576; Johnson v. Beasley, 65 Mo. 250.] It…
2Cases cited19 opinions
- Grignon's Lessee v. ASTORSupreme Court of the United States · 1844
- Lámar v. MicouSupreme Court of the United States · 1885
- Johnson v. BeazleySupreme Court of Missouri · 1877
- Pettus v. McClannahanSupreme Court of Alabama · 1875
- Cross v. GouldMissouri Court of Appeals · 1908
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3Cited by19 opinions
- In Re Adoption of Duren v. HicksSupreme Court of Missouri · 1947
- State Ex Rel. Pope v. LisleMissouri Court of Appeals · 1971
- State Ex Rel. Gregory v. HendersonMissouri Court of Appeals · 1935
- State Ex Rel. Kassen v. CarverMissouri Court of Appeals · 1962
- In Re DuganMissouri Court of Appeals · 1957
14 more not listed; retrieve them via the Exa API.