Sacks v. Superior Court

THE COURT.

This matter came on for a hearing after the issuance of the alternative writ of prohibition. The question presented to this court is whether the alternative writ should be made peremptory. The petitioner contends that the orders appointing a guardian for her and declaring her to be an incompetent person were absolutely void, and it was upon that theory that the alternative writ was issued.

The question as to whether the orders of the superior court were absolutely void depends upon the interpretation placed upon that portion of section 1461 of the Probate Code which reads as follows:…