Legal Opinion

Hughes v. Goodale

Montana Supreme Court

Decided November 25, 1901No. 1,367PublishedCited by 7 opinions

• Appeal from District Court, Silver Bow County; Willia/m Clancy, Judge. Peoceedings by Mary E. Hughes against Charles W. Good-ale, as guardian of Francis Arthur Linforth and Geraldine Linforth. -From a judgment for defendaant, plaintiff appeals.. Statement op the Case.

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• Appeal from District Court, Silver Bow County; Willia/m Clancy, Judge. Peoceedings by Mary E. Hughes against Charles W. Good-ale, as guardian of Francis Arthur Linforth and Geraldine Linforth. -From a judgment for defendaant, plaintiff appeals.. Statement op the Case. This cause was submitted to the court below upon an agreed, statement showing the following facts: By an order of the district court of- Silver Bow County the defendant was duly appointed guardian of the estates of Francis Arthur Linforth and Geraldine Linforth, minors. Having filed the bond required to -be given by Section…

1Opinion of the CourtJustice Pigott

The single question arising upon the agreed statement is whether the omission of the guardian to give a special bon'd before the sale invalidated the sale authorized by the- order. *95Both parties assume that the provisions of Section 387 of the Probate Practice Act, Compiled Statutes of 1887, require such a bond to be given whenever the sale of a ward’s real'estate is directed to be made. Before proceeding to consider the arguments of counsel based upon this assumption, we deem it not-improper to suggest á possible solution of the ultimate question upon a ground not discussed by counsel. It…

2Cases cited9 opinions

  1. Perkins v. FairfieldMassachusetts Supreme Judicial Court · 1814
  2. Bunce v. BunceSupreme Court of Iowa · 1882
  3. Bachelor v. KorbNebraska Supreme Court · 1899
  4. Hamiel v. DonnellySupreme Court of Iowa · 1888
  5. Williams v. MortonSupreme Judicial Court of Maine · 1854

4 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Southern Surety Co. v. BurneySupreme Court of Oklahoma · 1912
  2. Swanberg v. National Surety Co.Montana Supreme Court · 1930
  3. Hubachek v. Maxbass Security BankSupreme Court of Minnesota · 1912
  4. Hill v. Federal Land BankIdaho Supreme Court · 1938
  5. Baker v. HansonMontana Supreme Court · 1924

2 more not listed; retrieve them via the Exa API.

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