Butterick v. Richardson
Oregon Supreme Court
From Polk : Reuben P. Boise, Judge. This proceeding was commenced in the county court of Polk County to compel a guardian to file a final account.
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From Polk : Reuben P. Boise, Judge. This proceeding was commenced in the county court of Polk County to compel a guardian to file a final account. It is alleged in the petition that in May, 1890, S. T. Richardson was, by said court, appointed guardian of the person and estate of Lizzie- Richardson, a minor; that he duly qualified as such, and entered upon the discharge of his duties ; that he has not filed any account of the money or property that came into his possession by virtue of Ms trust, or made any settlement with her since she became of age, which occurred October 28, 1897. A…
1Opinion of the CourtJustice Moore
1. It is contended that, the guardian having secured from his ward a release discharging him and exonerating his bondsmen, the county court was without power to compel an account, and that, if such release was secured by fraud, a court of equity only can afford the relief sought, and, the order of the county court being, therefore, void, an appeal lies. The organic law creating the courts of the state and prescribing their jurisdiction contains the following provisions : “ The judicial power of the state shall be vested in a supreme court, circuit courts, and county court, which shall be…
2Cases cited15 opinions
- Hume v. BowieSupreme Court of the United States · 1893
- Riggs v. . CraggNew York Court of Appeals · 1882
- Matter of Petition of CampNew York Court of Appeals · 1891
- In Re the Accounting of UnderhillNew York Court of Appeals · 1889
- People v. SeelyeIllinois Supreme Court · 1892
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3Cited by12 opinions
- Roach's EstateOregon Supreme Court · 1907
- Hillman v. YoungOregon Supreme Court · 1912
- Rutenic v. HamakarOregon Supreme Court · 1902
- State Ex Rel. Johnson v. White Circuit CourtIndiana Supreme Court · 1948
- WATSON ETC. v. Dept. of Public WelfareIndiana Court of Appeals · 1960
7 more not listed; retrieve them via the Exa API.