Sanborn v. Carpenter
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: J. '0. Ludwig, Circuit Judge. The appellant, Eliza E. Sanborn, a nonresident of this state, but a sister of the alleged incompetent, who together with another sister and a brother are the next of kin, applied to the county court for the appointment of a guardian to conserve the property of Sarah A. Carpenter, alleging her incompetence.
Read the full summary
Appeal from a judgment of the circuit court for Milwaukee county: J. '0. Ludwig, Circuit Judge. The appellant, Eliza E. Sanborn, a nonresident of this state, but a sister of the alleged incompetent, who together with another sister and a brother are the next of kin, applied to the county court for the appointment of a guardian to conserve the property of Sarah A. Carpenter, alleging her incompetence. The county court decided in favor of the application, which decision, on appeal to the circuit court, was reversed and cause remanded, whereupon the county court entered its order denying the…
1Opinion of the CourtDodge, J.
The proceeding authorized by our statutes (sec. 3976 et seq., Stats. 1898) for the appointment of guardians for incompetent persons involves a most violent interference with the most sacred rights of property and civil liberty, unless, indeed, there does exist the full degree of incompetency specified by the statute. Unless that exists, and therefore in the question whether it exists, the alleged incompetent of course has the most obvious interest adversary to the proceedings. When, however, incompetency does- exist, and is or threatens to be effective in the dissipation of property and…
2Cases cited16 opinions
- Lawless v. ReaganMassachusetts Supreme Judicial Court · 1880
- McKenney v. MinahanWisconsin Supreme Court · 1903
- Mulberger v. BeurhausWisconsin Supreme Court · 1899
- Paulson v. PaulsonWisconsin Supreme Court · 1906
- In re Guardianship of WelchWisconsin Supreme Court · 1900
11 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Cowdery v. Northern Trust Co.Appellate Court of Illinois · 1944
- State Ex Rel. Goodloe v. WurdemanSupreme Court of Missouri · 1920
- Houchin Sales Co. v. AngertCourt of Appeals for the Eighth Circuit · 1926
- Knight v. Milwaukee CountyWisconsin Supreme Court · 2002
- Jones v. EasthamCourt of Appeals of Texas · 1931
11 more not listed; retrieve them via the Exa API.