Gaston v. Babcock
Wisconsin Supreme Court
ERROR TO THE WALWORTH CIRCUIT COURT. On tire lOtli day of January, 1854, a petition was filed witli the judge of probate of Walworth county, representing that Matthias Mohr, of said county, was then insane, and wholly incompetent, by reason of said insanity, to take care of himself and manage his property; under which petition such proceedings where had by and before said judge of probate, according to, and in pursuance of, the 18th chapter of the revised statutes, sections…
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ERROR TO THE WALWORTH CIRCUIT COURT. On tire lOtli day of January, 1854, a petition was filed witli the judge of probate of Walworth county, representing that Matthias Mohr, of said county, was then insane, and wholly incompetent, by reason of said insanity, to take care of himself and manage his property; under which petition such proceedings where had by and before said judge of probate, according to, and in pursuance of, the 18th chapter of the revised statutes, sections 12, 13 and 14 ; that thereafter, on the 6th day of February, 1854, upon a final hearing then had of the,said petition…
1Opinion of the Court
By the Court,
Whiton, C. J.
We think that the testimony which was offered by the plaintiff in error to show his appointment as the guardian of Mohr, should have been received.
No objection was taken to the regularity of the proceedings which resulted in his appointment; the objection being merely that the statute, by force of which the appointment was made, was unconstitutional and therefore void.
The appointment was made by virtue of sections 12 and 13 of chapter 80 of the revised statutes, which confer ample power upon the judge oí probate to make it, unless they are obnoxious to the objection…
2Cited by27 opinions
- Oborn v. StateWisconsin Supreme Court · 1910
- Smith v. SmithSupreme Court of Alabama · 1950
- In Re the Guardianship of CoburnCalifornia Supreme Court · 1913
- Bennett v. StateWisconsin Supreme Court · 1883
- Crocker v. StateWisconsin Supreme Court · 1884
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