Morton v. Sims
Supreme Court of Georgia
Guardian and ward.. Ordinary. Jurisdiction. Lunatic. Service. Judgment. Before Judge Pottle. Oglethorpe Superior Court. April Term, 1819. On February 10, 1879, William H. Sims; of Lowndes county, Miss., and S-. A. M-. Morton and John B. Morton, of Oglethorpe county, Georgia, filed their petition in the court of ordinary of the county last aforesaid, representing that James S. Sims, of said county, on account of imbecility from infirm health and old age was incapable of…
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Guardian and ward.. Ordinary. Jurisdiction. Lunatic. Service. Judgment. Before Judge Pottle. Oglethorpe Superior Court. April Term, 1819. On February 10, 1879, William H. Sims; of Lowndes county, Miss., and S-. A. M-. Morton and John B. Morton, of Oglethorpe county, Georgia, filed their petition in the court of ordinary of the county last aforesaid, representing that James S. Sims, of said county, on account of imbecility from infirm health and old age was incapable of managing his estate, and liable under the laws of Georgia to have a guardian appointed in his behalf ;• that they were the…
1Opinion of the Court
Bleckley, Justice.
1. The proceedings to put Dr. Sims under guardianship did not take place in the court of ordinary proper. In issuing the commission, and in appointing the guardiaD, the ordinary exercised a special and limited jurisdiction, regulated by sections 1855 and 1856 of the Code. The proceedings which these sections provide for are swift and summary, *301and must therefore be construed strictly. They should show on their face such facts, especially touching the giving of notice, as will authorize the legal appointment of a guardian. This degree of strictness holds as to all courts of…
2Cases cited3 opinions
- Dearing v. Bank of CharlestonSupreme Court of Georgia · 1848
- Alfred v. StateSupreme Court of Georgia · 1849
- Foster v. Justices of the Inferior CourtSupreme Court of Georgia · 1850
3Cited by27 opinions
- In re AllenSupreme Court of Vermont · 1909
- Owenby v. StancilSupreme Court of Georgia · 1940
- Evans v. JohnsonWest Virginia Supreme Court · 1894
- Templeman v. JeffriesSupreme Court of Georgia · 1931
- Georgia Railroad Bank & Trust Co. v. Liberty National Bank & Trust Co.Supreme Court of Georgia · 1934
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