King v. King
Missouri Court of Appeals
Appeal from the Saline Circuit Court. — Hon. Riohabd Field, Judge. (1) The probate court had no jurisdiction of the proceedings begun therein by Nettie King as the next friend of the minors named. The provisions of the Practice Act, article 2, chapter 33, Revised Statutes 1889, do not apply to the procedure in the probate courts. R. S. 1889, secs. 5299-5324. (2) There was no evidence whatever at the trial of this cause to support the finding and judgment of the trial court.
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Appeal from the Saline Circuit Court. — Hon. Riohabd Field, Judge. (1) The probate court had no jurisdiction of the proceedings begun therein by Nettie King as the next friend of the minors named. The provisions of the Practice Act, article 2, chapter 33, Revised Statutes 1889, do not apply to the procedure in the probate courts. R. S. 1889, secs. 5299-5324. (2) There was no evidence whatever at the trial of this cause to support the finding and judgment of the trial court. There being no evidence tending to support -the finding, this court will reverse the judgment and enter judgment here…
1Opinion of the CourtSmith, P. J.
This is a proceeding which originated in the probate court of Saline county, having for *80its object the removal of the defendant from the office of guardian of the respondents, who were minors. The appellant appeared to the proceedings both in the probate and circuit courts, in the latter of which courts there was a judgment for the respondents removing the appellant, from which the latter has appealed.
The appellant assails the judgment on the ground that the proceeding was irregular and unauthorized by law. Section 26, Revised Statutes 1889, provides that if any heir, legatee, creditor, or…
2Cases cited1 opinion
- Carter v. Wamack & StaggsMissouri Court of Appeals · 1896
3Cited by5 opinions
- In re FordMissouri Court of Appeals · 1911
- Estate of Padgett v. SmithMissouri Court of Appeals · 1905
- In re the Guardianship of NelsonSupreme Court of Iowa · 1910
- State Ex Rel. Ellsworth v. Fidelity & Deposit Co.Missouri Court of Appeals · 1941
- Smith v. YoungMissouri Court of Appeals · 1913