Matson v. Swenson
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county. Hon. Frank R. Aikens, Judge. Action in replevin. Plaintiff had judgment, and defendant appeals. The facts are stated in the opinion. This action was brought by the plaintiff, an insane person, through his purported general guardian. The appointment of the guardian was denied in the answer. The proceedings for the appointment of a guardian are purely statutory and a strict compliance therewith is necessary to jurisdiction.
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Appeal from circuit court, Minnehaha county. Hon. Frank R. Aikens, Judge. Action in replevin. Plaintiff had judgment, and defendant appeals. The facts are stated in the opinion. This action was brought by the plaintiff, an insane person, through his purported general guardian. The appointment of the guardian was denied in the answer. The proceedings for the appointment of a guardian are purely statutory and a strict compliance therewith is necessary to jurisdiction. The court erred in admitting in evidence the petition for the appointment of a guardian,- the petition being insufficient in…
1Opinion of the CourtKellam, J.
In this case the only errors alleged are predicated upon the admission by the trial court of certain papers to prove the plaintiffs appointment as guardian. The complaint alleged the appointment, together with the facts relied upon to constitute the cause of action sued upon. The answer was a general denial. Upon the trial the plaintiff offered the petition, citation, order appointing, letters of guardianship and guardian’s bond. They wTere objected to by defendant on the ground that it appeared upon their face that the court had no jurisdiction of the proceedings, the petition being directed…
2Cases cited3 opinions
- Appeal of RoystonWisconsin Supreme Court · 1881
- Valley Pulp & Paper Co. v. WestWisconsin Supreme Court · 1883
- In re BookhoutNew York Supreme Court · 1856
3Cited by3 opinions
- Thompson v. Lake Madison Chautauqua Ass'nSouth Dakota Supreme Court · 1919
- Phillips v. Branch Mint Min. & Mill Co.South Dakota Supreme Court · 1911
- Stearns v. WrightSouth Dakota Supreme Court · 1900