Legal Opinion

In re Guardianship of McLaughlin

Wisconsin Supreme Court

Decided January 31, 1899PublishedCited by 6 opinions

Appeal from an order of the circuit court for Waukesha county: James J. Dick, Circuit Judge. William McLaughlin, describing himself as the brother of their father, and therefore the uncle of certain minor children under fourteen years of age and then under the guardianship of their mother, made verified petition to the county -court of Waukesha county, setting forth misconduct and waste- by the guardian, and praying her removal and the appointment of some one in her place.

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Appeal from an order of the circuit court for Waukesha county: James J. Dick, Circuit Judge. William McLaughlin, describing himself as the brother of their father, and therefore the uncle of certain minor children under fourteen years of age and then under the guardianship of their mother, made verified petition to the county -court of Waukesha county, setting forth misconduct and waste- by the guardian, and praying her removal and the appointment of some one in her place. That petition was denied and the removal of the guardian refused. Thereupon said William McLanighlÁn, with no description…

1Opinion of the CourtDodge, J.

William McLaughlin in his individual capacity, of course, is not a party in interest and cannot appeal. Marx v. Rowlands, 59 Wis. 110. Indeed, appellant’s counsel concedes this, but contends that this must be deemed an *674appeal by the minors or on their behalf. Sec. 4031, Stats. 1898, provides that “the appeal of any minor may be taken in and prosecuted in the name of the general guardian of such minor or by a guardian ad Utem appointed for that purpose.” No reason appears to us why this court should enlarge or diminish this statute. It must be deemed exclusive. While the duty is not upon this…

2Cases cited1 opinion

  1. Marx v. RowlandsWisconsin Supreme Court · 1883

3Cited by6 opinions

  1. Knight v. Milwaukee CountyWisconsin Supreme Court · 2002
  2. Sanborn v. CarpenterWisconsin Supreme Court · 1909
  3. Powers v. PowersWisconsin Supreme Court · 1911
  4. Knight v. Milwaukee CountyCourt of Appeals of Wisconsin · 2001
  5. Knight v. Milwaukee CountyWisconsin Supreme Court · 2002

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