Legal Opinion · Dissent

In re Fore

Ohio Court of Appeals

Decided July 10, 1958No. 24536Published

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

  1. Finlay v. FinlayNew York Court of Appeals · 1925
  2. Clendenning v. McCallOhio Supreme Court · 1945
  3. Weigel v. GrossnickleOhio Court of Appeals · 1954
  4. Langan v. KessingerOhio Court of Appeals · 1936

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