Wood v. Throckmorton
Supreme Court of Colorado
Error to the County Court of Arapahoe County. Plaxntiee in error is hopelessly insane, having been adjudged a lunatic by the probate court of Sedgwick county, Kansas, in 1878, and has been confined in an asylum in that state since 1879. The court in which the inquisition was had, appointed defendant in error, Throckmorton, conservator of his estate.
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Error to the County Court of Arapahoe County. Plaxntiee in error is hopelessly insane, having been adjudged a lunatic by the probate court of Sedgwick county, Kansas, in 1878, and has been confined in an asylum in that state since 1879. The court in which the inquisition was had, appointed defendant in error, Throckmorton, conservator of his estate. In 1893, the latter applied ex parte to the county court of Arapahoe county for appointment as conservator of the estate of his ward in tins state. On this application, defendants in error were appointed respectively conservator aiid assistant…
1Per curiam
The question raised by the motion to dismiss, is, whether or not this action is necessary, or should be permitted. Plaintiff in error is mentally incapacitated from directing his affairs, and they must be managed by some one for him. Every person has the right to appeal to the courts for the purpose of redressing real or fancied wrongs. Those who are mentally capable of choosing for themselves what actions should or should not be maintained in their behalf, can do so without question, or respect to the necessity therefor; but not so with persons non compos mentis. ' Not being able to…
2Cases cited2 opinions
- Whetstone v. Whetstone's Ex'rsSupreme Court of Alabama · 1883
- Plympton v. HallSupreme Court of Minnesota · 1893
3Cited by4 opinions
- In re RainboltSupreme Court of Colorado · 1918
- Jones v. LearnedColorado Court of Appeals · 1902
- Pearman v. PeopleSupreme Court of Colorado · 1917
- Jones v. LearnedColorado Court of Appeals · 1902