State Ex Rel. Stimatz v. District Court

Mr. Justice Angstman:

I dissent. The petitioner here alleged that there was no evidence introduced in the case before the trial court in support of Geraldine Cullinan’s objections to his appointment. This allegation is not controverted by respondents, except that they have made it appear that one of her objections was sustained by proof, viz.: that she was the nominee of the son who was above fourteen years of age. Respondents do not here contend that there was any evidence before the court tending to show that the father of the boy, the relator here, was not a suitable person to be appointed…