State ex rel. Pollard v. Brasher
Missouri Court of Appeals
Appeal from Pemiscot Circuit Court. — Eon. Sterling E. McCarty, Judge. StatemeNt. On March 6, 1917, the public administrator of Pemiscot County- filed in the probate court an information ashing that inquiry he made as to the soundness of mind and the capacity of Sam Pollard of that county to manage his affairs.
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Appeal from Pemiscot Circuit Court. — Eon. Sterling E. McCarty, Judge. StatemeNt. On March 6, 1917, the public administrator of Pemiscot County- filed in the probate court an information ashing that inquiry he made as to the soundness of mind and the capacity of Sam Pollard of that county to manage his affairs. On the same day the judge of the probate court issued an order or warrant to-the sheriff directing him “to take the said Sam Pollard and him safe keep until the probate court of said county shall convene to inquire into the sanity of said Pollard.” The sheriff made return on this order…
1Opinion of the Court
OPINION.
STURGIS, P. J.
— The statute under which the probate court proceeds in adjudications of insanity expressly provides that the alleged insane person shall be notified of the proceedings unless the p'robate court order such'person to be brought before it. [Sec. 476, R. S. 1909.] The concluding clause of that section purports to authorize the adjudication without notice to the alleged insane party or requiring his attendance, provided the court spreads on its records the reason why notice or attendance is not required. This last provision was held unconstitutional by our Supreme Court in…
Also in this document: Concurrence.
2Cases cited17 opinions
- Johnson v. BeazleySupreme Court of Missouri · 1877
- Cloud v. Inhabitants of the Town of Pierce CitySupreme Court of Missouri · 1885
- Henry v. McKerlieSupreme Court of Missouri · 1883
- Hunt v. SearcySupreme Court of Missouri · 1902
- Redmond ex rel. Redmond v. Quincy, Omaha & Kansas City RailroadSupreme Court of Missouri · 1910
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3Cited by6 opinions
- State Ex Rel. Deeb v. FabisinskiSupreme Court of Florida · 1933
- Georgia Railroad Bank & Trust Co. v. Liberty National Bank & Trust Co.Supreme Court of Georgia · 1934
- State Ex Rel. Shaw State Bank v. PfeffleMissouri Court of Appeals · 1927
- Ex Parte Hamilton v. HendersonMissouri Court of Appeals · 1938
- State Ex Rel. Woolman v. GuinotteMissouri Court of Appeals · 1926
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