In re Smith
Missouri Court of Appeals
Habeas Corpus. — Original Proceeding. (1) The probate court of the city of St. Louis is a court of general jurisdiction in probate matters and its judgments are final and binding in all matters, except in those cases wherein the law bas provided that appeals can be taken therefrom. (2) No appeal lies from a judgment of the probate court appointing a guardian of a minor. Looney v. Browning, 112 Mo. App. 195; Smith v. Young, 136 Mo.
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Habeas Corpus. — Original Proceeding. (1) The probate court of the city of St. Louis is a court of general jurisdiction in probate matters and its judgments are final and binding in all matters, except in those cases wherein the law bas provided that appeals can be taken therefrom. (2) No appeal lies from a judgment of the probate court appointing a guardian of a minor. Looney v. Browning, 112 Mo. App. 195; Smith v. Young, 136 Mo. App. 65; State ex. rel. v. Fowler, 108 Mo. 465; Flick v. Schenk, 212 Mo. 275. (3) Regardless of the question as to whether or not an appeal will lie from an order…
1Opinion of the CourtAllen, J.
This is an original proceeding’ in habeas corpus. The petitioner, Margaret Peters, is the maternal grandmother of Margaret Smith, a child about four years of age, and seeks by the writ to obtain the custody of said child, who is now in the possession of respondent, Charles A. Smith, the father thereof.
The return to the writ sets up that the respondent is the father of the child, and that the latter is now in his possession; that the child’s mother, Maud Smith, departed this life on February 5, 1916, “ever since which time respondent has been the sole and surviving parent of said infant and…
2Cases cited6 opinions
- State ex rel. Baker v. BirdSupreme Court of Missouri · 1913
- State ex rel. Grover v. FowlerSupreme Court of Missouri · 1891
- Smith v. YoungMissouri Court of Appeals · 1909
- Flick v. SchenkSupreme Court of Missouri · 1908
- Estate of Brinckwirth v. TrollSupreme Court of Missouri · 1916
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Estate of SeabaughMissouri Court of Appeals · 1983
- State Ex Rel. Pope v. LisleMissouri Court of Appeals · 1971
- State Ex Rel. Walker v. CrouseMissouri Court of Appeals · 1947
- State Ex Rel. Kassen v. CarverMissouri Court of Appeals · 1962
- In re Estate of BarksMissouri Court of Appeals · 1972
2 more not listed; retrieve them via the Exa API.