Hart v. Gray
U.S. Circuit Court for the District of Rhode Island
Assumpsit upon the money counts. Plea, the general issue. At the trial, it appeared, that the defendant [Asa Gray] had been appointed, by the town council of Tiverton, guardian of the plaintiff [Hannah Hart], who was at the time a pauper of the town of Tiverton; and the defendant had, as such guardian, received the sum of $480, on account of the plaintiff, as a pensioner of the United States.
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Assumpsit upon the money counts. Plea, the general issue. At the trial, it appeared, that the defendant [Asa Gray] had been appointed, by the town council of Tiverton, guardian of the plaintiff [Hannah Hart], who was at the time a pauper of the town of Tiverton; and the defendant had, as such guardian, received the sum of $480, on account of the plaintiff, as a pensioner of the United States. The plaintiff had since removed into Massachusetts; and now claimed the said sum of $480 from the defendant, upon the ground that she had never been lawfully put under guardianship. • The ground upon…
1Opinion of the Court
STORY, Circuit Justice.
The act of Rhode Island (Digest 1822, p. 246, § 3) provides, “That no guardian shall be appointed or removed under this act, unless all persons interested shall have had reasonable notice in writing, signed by the clerk” (of the probate court), “and served by the town sergeant or constable, that he, she, or they may appear, to object to the same.” This appointment is a special authority conferred on the' court of probate (the town council), a court of limited jurisdiction; and, therefore, its jurisdiction can be rightfully exercised only in the cases and in the mode…
2Cited by4 opinions
- Bruce's v. Strickland's Adm'rSupreme Court of Alabama · 1872
- Iverson v. Saulsbury, Respess & Co.Supreme Court of Georgia · 1882
- Sanford v. EdwardsMontana Supreme Court · 1896
- Williams v. BrummelSupreme Court of Arkansas · 1842