State ex rel. Brandegee v. Clements
Montana Supreme Court
Original application by the State, on the relation of E. N. Brandegee, guardian of Mary Murphy, an incompetent, for a writ of prohibition against J. M. Clements, Judge of the District Court of Lewis and Clark County.
1Opinion of the CourtJustice Sanneb
The relator, E. N. Brandegee, shows to this court: That he is, and since August, 1915, has been, the duly appointed and acting guardian of the person and estate of Mary Murphy, judicially declared incompetent; that on January 10, 1916, Anna E. Nett, daughter of said Mary Murphy, filed in the district court of Lewis and Clark county a petition, alleging, in substance, that said Mary Murphy is illegally imprisoned and restrained of her liberty by the relator, under the pretense that she is incompetent to take care of herself and of her property, whereas she is now competent and capable of…
2Cases cited17 opinions
- Legate v. LegateTexas Supreme Court · 1894
- Ex Parte Tom TongSupreme Court of the United States · 1883
- State ex rel. Durner v. HueginWisconsin Supreme Court · 1901
- Simmons v. Georgia Iron & Coal Co.Supreme Court of Georgia · 1903
- Fred C. Fisher and Charles C. Cohn, on Behalf of Felix Barcelon, Plffs. In Err. v. Colonel David J. Baker, Jr., and Captain John Doe ThompsonSupreme Court of the United States · 1906
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3Cited by5 opinions
- In Re ThompsonMontana Supreme Court · 1926
- In Re the Matter of HartMontana Supreme Court · 1978
- State ex rel. Houston v. District CourtMontana Supreme Court · 1921
- State ex rel. Middlemas v. District CourtMontana Supreme Court · 1956
- State ex rel. Middlemas v. District CourtMontana Supreme Court · 1956