In re Fore
Ohio Court of Appeals
1Dissent
DISSENTING OPINION
By HURD, J.
I respectfully dissent from the judgment and opinion of my esteemed *22colleagues because, in my opinion, the judgment rendered deprives the Probate Court of its exclusive jurisdiction in the appointment of guardians.
The petition for a writ of habeas corpus should be dismissed because:
(If Petitioner is in the wrong forum, having an adequate remedy at law by the commencement of proper proceedings in Probate Court.
(21 This proceeding is a collateral attack upon the jurisdiction of the Probate Court.
(31 The appointment of the respondent, as guardian, was a proper…
2Cases cited4 opinions
- Finlay v. FinlayNew York Court of Appeals · 1925
- Clendenning v. McCallOhio Supreme Court · 1945
- Weigel v. GrossnickleOhio Court of Appeals · 1954
- Langan v. KessingerOhio Court of Appeals · 1936