Hamilton v. Court of Probate of N. Providence
Supreme Court of Rhode Island
Appeal from a decree of the Court of Probate of the town of North Providence, appointing a guardian of Gideon Hamilton, a person of full age. At the trial of the appeal at the present term of the Supreme Court, before Mr. Justice Durfee, and a jury, the appellant moved to dismiss the appeal, for want of sufficient notice, and the court granted the motion, and exceptions were duly taken to the ruling of the court.
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Appeal from a decree of the Court of Probate of the town of North Providence, appointing a guardian of Gideon Hamilton, a person of full age. At the trial of the appeal at the present term of the Supreme Court, before Mr. Justice Durfee, and a jury, the appellant moved to dismiss the appeal, for want of sufficient notice, and the court granted the motion, and exceptions were duly taken to the ruling of the court. The facts of the case are fully stated in the opinion of the court. cited Eev. Stat. Ch. 152, § 4; Digest of 1844, p. 274, § 9 ; Tillinghast v. Holbrook, 7 E. I. 230; Chace v.…
1Opinion of the CourtPotter, J.
This is an appeal from the Court of Probate of North Providence. The appeal was tried in this court, and now comes up on exceptions to the rulings of the judge.
It appears by the papers, or admissions of the parties, that Gideon Hamilton, the intended ward, was a person of full age, had a wife, and several children. All the children signed the application to the court but one, and no personal notice was given to this son or to the wife. The only notice given was by serving a' citation on the intended ward, and by putting up a notice to all persons interested, in the Town Clerk’s office. No…
2Cases cited2 opinions
- Chase v. HathawayMassachusetts Supreme Judicial Court · 1817
- Smith v. BurlingameU.S. Circuit Court for the District of Rhode Island · 1825
3Cited by2 opinions
- Gannon v. DoyleSupreme Court of Rhode Island · 1890
- Gannon v. DoyleSupreme Court of Rhode Island · 1890