Hendricks v. Settle
Court of Appeals of Kentucky
Case 59 — 'PROCEEDING TO APPOINT COMMITTEE FOR INCOMPETENT appeal from warren circuit court. 1. No notice was required to give tke court jurisdiction to kold the inquest. Lackey v. Lackey, 8 B. Mon., 107; Ckavannes v. Priestly, 80 Iowa, 316; Ky. Stats., secs. 2157, 2160. 2. If notice would otherwise have been required tke fact that defendant was represented by counsel was sufficient to dispense with notice.
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Case 59 — 'PROCEEDING TO APPOINT COMMITTEE FOR INCOMPETENT appeal from warren circuit court. 1. No notice was required to give tke court jurisdiction to kold the inquest. Lackey v. Lackey, 8 B. Mon., 107; Ckavannes v. Priestly, 80 Iowa, 316; Ky. Stats., secs. 2157, 2160. 2. If notice would otherwise have been required tke fact that defendant was represented by counsel was sufficient to dispense with notice. Martin v. Motsinger, 130 Ind., 555. 3. Defendant by questioning tke court’s jurisdiction of -the subject-matter entered his appearance. McDowell v. C. ,& O. Ry. Co., 90 Ky., 346; C. & O.…
1Opinion of the Court
JUDGE WHITE
delivered the opinion oe ti-ie court.
This proceeding was begun by appellant, Hendricks, filing in the Warren County Court his petition, acting- as next friend of S. W. Settle, asking- that, by reason of the fact that S. W. Settle is1 wholly incompetent to manage, or control his estate, a committee be appointed for said Settle. The causes given for the incompetency of mind are disease and other bodily infirmities. A summons was issued, and was returned executed on S. W. Settle by delivering a copy to Mamie Settle, wife, etc. At the regular term of the county court there appeared…
2Cases cited2 opinions
- Chesapeake, Ohio & Southwestern Railroad v. Heath's Adm'rCourt of Appeals of Kentucky · 1888
- Menifee v. EndsCourt of Appeals of Kentucky · 1895
3Cited by4 opinions
- Upton's Committee v. BushCourt of Appeals of Kentucky · 1909
- Harvey v. RodgerIndiana Court of Appeals · 1924
- Downing v. SiddensCourt of Appeals of Kentucky (pre-1976) · 1933
- Fitzpatrick v. YoungCourt of Appeals of Kentucky · 1914