Shumway v. Shumway
Supreme Court of Vermont
This was an appeal from a decree of the judge of probate for the district of Manchester, assigning a guardian over the appellant, by virtue of the statute authorizing a judge of probate, “ on the request of any friend or relation of any idiot, non compos, lunatic or distracted person, residing in such district, to issue a commission to the select men and civil authority of the town, in which such person resides, to make inquisition in the premises j and if said person shall…
Read the full summary
This was an appeal from a decree of the judge of probate for the district of Manchester, assigning a guardian over the appellant, by virtue of the statute authorizing a judge of probate, “ on the request of any friend or relation of any idiot, non compos, lunatic or distracted person, residing in such district, to issue a commission to the select men and civil authority of the town, in which such person resides, to make inquisition in the premises j and if said person shall be found by them, or a major part of them, on being notified, and examined by them, to be incapable of taking care of…
1Opinion of the CourtTurner, J.
delivered the opinion of the Court. — This case presents three questions for the consideration and decision of the Court. 1st. Is the cause appealable ? 2d. Is there error upon the face of the record ? 3d. Is the inquisition traversable ?
1. We have already overruled the motion to dismiss. The statute (p. 333, sec. 7th,) gives the appeal in clear and explicit terms ; and we think it is dictated in wisdom. It is a well settled principle, that nothing is to be presumed in favor of the jurisdiction of courts of special and limited jurisdiction, and more especially of final jurisdiction. In…
2Cited by13 opinions
- White v. WhiteTexas Supreme Court · 1917
- State Ex Rel. Pearson v. Probate CourtSupreme Court of Minnesota · 1939
- In re AllenSupreme Court of Vermont · 1909
- In Re Hanrahan's WillSupreme Court of Vermont · 1937
- Martin v. O'ReillySupreme Court of Oklahoma · 1921
8 more not listed; retrieve them via the Exa API.