Legal Opinion

In re the Guardianship of Johnson

Supreme Court of Iowa

Decided January 21, 1893PublishedCited by 14 opinions

Appeal from Bes Moines District Court. — Hon. James D. Smythe, Judge. On April 7, 1891, J. H. Sturgis filed his petition showing that he is the father of Mary E. S. Johnson, then about seven years of age; that some years previous •she was adopted by Frank A. and Amelia S. Johnson both of whom are now deceased; that said minor needed the care and protection of the petitioner, and that he was a householder, and able to care for said child; that .at the time of the decease of…

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Appeal from Bes Moines District Court. — Hon. James D. Smythe, Judge. On April 7, 1891, J. H. Sturgis filed his petition showing that he is the father of Mary E. S. Johnson, then about seven years of age; that some years previous •she was adopted by Frank A. and Amelia S. Johnson both of whom are now deceased; that said minor needed the care and protection of the petitioner, and that he was a householder, and able to care for said child; that .at the time of the decease of said Johnson, which was since the decease of his wife, he claimed to be a resident of Des Moines county, Iowa; that said…

1Opinion of the Court

Given, J. —

1' StaJ^ap-0 fiesanappiai I. The appellant moves to dismiss the appeal upon the grounds that appellant, Diggs, is not a party to the proceeding, is not interested therein; that no judgment has been eirkered agaMst him, nor that affects any substantial right of his, in such manner as to entitle him to appeal. It requires no citations to show that in the appointment of guardians the controlling consideration is the welfare of the ward. It is a special proceeding to make an appointment, to which no person has a private right, whatever the preferences in his favor may be. Lawrence v.…

2Cases cited4 opinions

  1. Burger v. FrakesSupreme Court of Iowa · 1885
  2. Jenkins v. ClarkSupreme Court of Iowa · 1887
  3. Lawrence v. ThomasSupreme Court of Iowa · 1892
  4. Henry v. EvansSupreme Court of Iowa · 1882

3Cited by14 opinions

  1. Spencer v. FranksCourt of Appeals of Maryland · 1937
  2. In Re Adoption of PrattSupreme Court of Minnesota · 1945
  3. In re the Guardianship of BentonSupreme Court of Iowa · 1894
  4. Brigman v. CheneySupreme Court of Oklahoma · 1910
  5. In Re Plucar's GuardianshipSupreme Court of Iowa · 1955

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