Legal Opinion

Wiggins v. Babbitt

Ohio Court of Appeals

Decided April 4, 1935No. 2506Published

1Opinion of the Court

*7OPINION

By HORNBECK, J.

The petition in error sets up six grounds. The briefs of the parties are confined in the main to a discussion of the validity and constitutionality of the statute, §3482, GC, and the proceedings thereunder.

It is urged by counsel for plaintiff that the procedings were void because the plaintiff was given no notice nor summons of any hearing in Probate Court upon the complaint of defendant Babbitt before issuance of the warrant to Babbitt as superintendent; that an opportunity to be heard is a sine qua non of jurisdiction in the absence of which any judgment against-the…

2Cases cited3 opinions

  1. Weimer v. BunburyMichigan Supreme Court · 1874
  2. Overseers of Gilpin Tp. v. Overseers of Parks Tp.Supreme Court of Pennsylvania · 1888
  3. Lovell v. SeebackSupreme Court of Minnesota · 1891

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