Bianchi v. Martin
Supreme Court of Vermont
Petition to the Supreme Court for Washington County for a writ of mandamus against Frank J. Martin, Judge of Probate within and for the District of Washington, commanding him to summon the plaintiff’s guardian to render his account as such guardian to the probate court for said district and otherwise to proceed with said accounting in said probate court. Heard on an agreed statement of facts.
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Petition to the Supreme Court for Washington County for a writ of mandamus against Frank J. Martin, Judge of Probate within and for the District of Washington, commanding him to summon the plaintiff’s guardian to render his account as such guardian to the probate court for said district and otherwise to proceed with said accounting in said probate court. Heard on an agreed statement of facts. On July 29, 1919, the plaintiff, upon petition filed in the probate court for the Distinct of Washington under G-. L. 3652, was adjudged mentally incapable of taking care of herself and her property, and…
1Opinion of the CourtPowers, J.
[1, 2] This application is denied. It is established beyond question that a mandate will issue only when the right is clear, and no other adequate remedy is available. Sabine v. Rounds, 50 Vt. 74; Farr v. St. Johnsbury, 73 Vt. 42, 50 Atl. 548. But here the complainant had the right of appeal, which is ordinarily held to be adequate. State, ex rel. v. Schmetzer, 156 Ind. 528, 60 N. E. 269; Stockton v. Board of Education, 72 N. J. Law 80, 59 Atl. 1061; Endowment Dept., etc. v. Harvey, 6 Ala. App. 239, 60 So. 602; Ex parte Roe, 234 U. S. 70, 58 L. ed. 1217, 34 Sup. Ct. 722. True, an appeal lies…
2Cases cited8 opinions
- Ex Parte RoeSupreme Court of the United States · 1914
- State ex rel. Allen County Orphans' Home v. SchmetzerIndiana Supreme Court · 1901
- Sabine v. RoundsSupreme Court of Vermont · 1877
- Endowment Department District Grand Lodge No. 23 G. U. O. O. F. v. HarveyAlabama Court of Appeals · 1912
- In re Cary's EstateSupreme Court of Vermont · 1908
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3Cited by2 opinions
- Sanborn v. WeirSupreme Court of Vermont · 1921
- Town of Salisbury v. ButtonSupreme Court of Vermont · 1923