Fore v. Fore
Supreme Court of Alabama
Appeal from the Circuit Court of Monroe. Tried before Hon. P. O. Harper. From the bill of exceptions, taken at the hearing before the circuit judge in the court below, which bears date the 17th day of April, 1869, it appears that John F. Fore petioned the honorable judge of the probate court of Monroe county, in this State, to have James Fore declared a person non compos mentis.
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Appeal from the Circuit Court of Monroe. Tried before Hon. P. O. Harper. From the bill of exceptions, taken at the hearing before the circuit judge in the court below, which bears date the 17th day of April, 1869, it appears that John F. Fore petioned the honorable judge of the probate court of Monroe county, in this State, to have James Fore declared a person non compos mentis. This petition was filed on the 12th day of November, 1868, and it alleges, that petitioner is the nephew of said James Fore; that said James Fore is a male, about seventy-eight years old; that he resides about eight…
1Opinion of the Court
PETERS, J.,
(after stating facts as above.) — No doubt a certiorari may be improvidently granted. When this is. the case, it should be dismissed.— Winn v. Freele, 19 Ala. 171; Enis v. Ross, 19 Ala. 239.
The jurisdiction of causes for the inquiry into lunacies and idiocies, and into such mental incapacity as renders a party incompetent to manage his own affairs, and requires the assistance of a guardian, has been transferred by our law from the chancellor to the judge of probate. *483And this latter officer exercises the same jurisdiction that the chancellor did before this change, but in the manner…
2Cases cited4 opinions
- Eslava v. LepretreSupreme Court of Alabama · 1852
- John v. StateSupreme Court of Alabama · 1840
- Enis v. RossSupreme Court of Alabama · 1851
- Winn v. FreeleSupreme Court of Alabama · 1851
3Cited by14 opinions
- Smith v. SmithSupreme Court of Alabama · 1950
- Poe v. Machine WorksWest Virginia Supreme Court · 1884
- Sparks v. StateAlabama Court of Appeals · 1959
- Fowler v. FowlerSupreme Court of Alabama · 1929
- Ex parte City of BirminghamSupreme Court of Alabama · 1917
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