In Re Mize's Guardianship

GIBSON, V. C. J.

This appeal is prosecuted by A. W. Lucas from a judgment of the district court of Osage county affirming an order of the county court requiring him as the alleged guardian of Elnora Mize, nee Wyrick, an incompetent, to render and present his account as such guardian.

Lucas resisted the order on jurisdictional grounds, charging that no such guardianship existed, in that the county court, for failure of personal service of notice on the alleged incompetent, acquired no jurisdiction to declare her incompetent; and further, that so far as Lucas was concerned, there never had been a…