State ex rel. Morris v. Montgomery
Missouri Court of Appeals
Appeal from Dade Circuit Court . — Ron. B. G. Thurman, Judge. (1) A party in interest only is empowered by tbe statute .to file the affidavit of prejudice disqualifying a probate judge, R. S. 1900, sec. 4063'. Tbe words, “party in interest” and words of similar meaning bave been universally beld to mean a party in financial interest. Railroad v. Gould, 20 N. W. (Ia.) 464; In re Shepard’s Estate, 32 Atl.
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Appeal from Dade Circuit Court . — Ron. B. G. Thurman, Judge. (1) A party in interest only is empowered by tbe statute .to file the affidavit of prejudice disqualifying a probate judge, R. S. 1900, sec. 4063'. Tbe words, “party in interest” and words of similar meaning bave been universally beld to mean a party in financial interest. Railroad v. Gould, 20 N. W. (Ia.) 464; In re Shepard’s Estate, 32 Atl. Rep. 1040; Jele v. Lemberger, 45 N. E. (111.) 279. So the words “parties to the suit” have been held to mean those having the right to control the proceedings, to make defense, to produce or…
1Opinion of the Court
COX, J. —
Action by mandamus to compel C. W. Montgomery, probate judge of Dade county to certify to the county or circuit court for trial an inquiry as to the sanity of Emma Hawkins and the appointment of guardian for her. On trial in circuit court a peremtory writ was ordered as requested and the defendant has appealed to this court.
On January 10, 1911, Homer Hayward who is a .son-in-low to Emma Hawkins filed with the probate judge of Dade county an affidavit as provided by section 474, Stat. 1909, alleging that Emma Hawkins was a person of unsound mind and incapable of managing her affairs…
2Cases cited4 opinions
- Gold v. Vermont Central Rail RoadSupreme Court of Vermont · 1847
- Keele v. KeeleMissouri Court of Appeals · 1906
- State v. RaleyOhio Court of Appeals · 1954
- State ex rel. Latimer v. GrayMissouri Court of Appeals · 1903
3Cited by8 opinions
- State Ex Rel. Campbell v. KohnMissouri Court of Appeals · 1980
- In Re the Estate of DeGraffMissouri Court of Appeals · 1977
- Insanity of Harrelson v. FlournoyMissouri Court of Appeals · 1934
- Burke v. McClureMissouri Court of Appeals · 1922
- Ruckert v. MooreSupreme Court of Missouri · 1927
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