Legal Opinion

Campbell v. Campbell

Supreme Court of Alabama

Decided January 15, 1864PublishedCited by 1 opinion

Appeal from the Probate Court of Dallas. In the matter of the petition of Mrs. Mary Campbell, to have her husband, Peter Campbell, declared a lunatic. The defendant appeared by attorney, and demurred to the petition, assigning as one ground of demurrer, that his wife had no right to institute the proceedings against him. The court overruled the demurrer, and its ruling is now assigned as error, with other matters which require no particular notice.

1Opinion of the CourtR. W. Walker, J.

The jurisdiction which, in England, the chancery court exercises over inquisitions of lunacy, is by our statutes confided to the probate court and the proceedings in such cases, in the latter court, should be governed by the rules and principles regulating the practice in the English chancery, so far as those rules and principles can be conveniently applied by the probate court, and are not modified by, or inconsistent with our statutes. By section 2750 of the Code, the proceeding to have a person declared a lunatic may be instituted upon the petition of “any of his relations or Mends.” This…

2Cases cited1 opinion

  1. Jordan v. GraySupreme Court of Alabama · 1851

3Cited by1 opinion

  1. Craft v. SimonSupreme Court of Alabama · 1897

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