In Re the Guardianship of Valentine

WORTHEN, Justice.

Appeal from an order dismissing a petition filed pursuant to Section 75-13-19, U.C. *356A.1953 for the appointment of a guardian of the property of the alleged incompetent. The order was made upon the allegations of the petition and the statement of petitioner in open court without any evidence being taken in support of the petition.

The petition was filed May 12, 1955 by Irwin Arnovitz by order and direction of A. H. Ellett, one of the Judges of the Third District Court. It appears that the order was made by Judge Ellett when Mr. Arnovitz, who had been acting as attorney for the…