Coleman v. Farrar
Supreme Court of Missouri
Appeal from Johnson Circuit Court. — Hon. C. W. Sloan, Judge. (1) Though by the constitutional provisions of section 34, article 6, Constitution of 1875, it was. intended to clothe probate courts with. the powers ascribed to it in this class of cases, nevertheless, it was dormant until vitalized by legislation essential to its proper exercise.
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Appeal from Johnson Circuit Court. — Hon. C. W. Sloan, Judge. (1) Though by the constitutional provisions of section 34, article 6, Constitution of 1875, it was. intended to clothe probate courts with. the powers ascribed to it in this class of cases, nevertheless, it was dormant until vitalized by legislation essential to its proper exercise. Fuss 'v. Spaunhorst, 67 Mo. 256; People v. Loomis, 96 111. 377. (2) Before the probate court could exercise the jurisdiction, to render a judgment of any binding force as a finality, it was essential that some sort of notice should have been provided…
1Opinion of the CourtGantt, J.
On the twenty-seventh of August, 1880, in vacation of the probate court of Johnson county, an information in writing was filed in said court, that one James L. Ashby was of unsound mind and incapable of managing his affairs. On the same day, without notice to said Ashby, and without bringing him before the court, for the reason that he was a raving maniac at the time, an inquiry was had before a jury who found that the said Ashby was “of unsound mind and a fit subject for the lunatic asylum; ” thereupon the court appointed W. F. Hess “guardian of the person and estate’ ’ of said Ashby, and…
2Cases cited16 opinions
- Chase v. HathawayMassachusetts Supreme Judicial Court · 1817
- Austin v. LoringSupreme Court of Missouri · 1876
- Parsons v. MilfordIndiana Supreme Court · 1879
- Rannells v. GernerSupreme Court of Missouri · 1883
- State ex rel. Lancaster v. JonesSupreme Court of Missouri · 1886
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3Cited by25 opinions
- Hunt v. SearcySupreme Court of Missouri · 1902
- Leahy v. Mercantile Trust Co.Supreme Court of Missouri · 1922
- In Re DuganMissouri Court of Appeals · 1957
- State Ex Rel. Goodloe v. WurdemanSupreme Court of Missouri · 1920
- Estate of SeabaughMissouri Court of Appeals · 1983
20 more not listed; retrieve them via the Exa API.