Legal Opinion

Darden v. Wyatt

Supreme Court of Georgia

Decided May 15, 1854No. 57PublishedCited by 7 opinions

Application for guardianship, in Morgan Superior Court. Tried before Judge Hardeman, March Term, 1854. John Darden, the paternal uncle, applied to the Ordinary of Morgan county, for letters of guardianship for the minor orphan children of Stephen J. Darden, deceased.

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Application for guardianship, in Morgan Superior Court. Tried before Judge Hardeman, March Term, 1854. John Darden, the paternal uncle, applied to the Ordinary of Morgan county, for letters of guardianship for the minor orphan children of Stephen J. Darden, deceased. Thomas Wyatt, the maternal grand-father of these children, caveated the application, on the ground that the jurisdiction for granting letters of guardianship, was in the Ordinary of Jasper county, and not in the Ordinary of Morgan county. The facts were as follows: - Stephen J. Darden died in Morgan county, leaving a widow and…

1Opinion of the Court

By the Court.

Benning, J.,

delivering the opinion.

[1.] In 1838, the Legislature passed “ an Act to more fully define the legal residence of citizens and inhabitants of this-State”. This Act is in these words : “ Whereas, no small degree, of embarrassment has arisen, and is likely to arise, from the indefinite manner in which the place of residence of citizens and inhabitants of this State is defined by law—for remedy whereof—

“ Sec. I. Be it enacted, that from and after the passage of this Act, the place where the family of any person shall permanently reside, in this State¿ and the place where…

2Cited by7 opinions

  1. In re the Guardianship of BentonSupreme Court of Iowa · 1894
  2. Boyd v. GlassSupreme Court of Georgia · 1866
  3. Churchill v. JacksonSupreme Court of Georgia · 1909
  4. Portman v. MobleySupreme Court of Georgia · 1924
  5. Hayslip v. GillisSupreme Court of Georgia · 1905

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