Ziegler v. Bark
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Grant, county: Geobge CleMENTsoN, Circuit Judge. This is an appeal from a judgment reversing tbe order- and judgment of tbe county court appointing a guardian of tbe person and estate of Eleanor Baric, wbo was alleged to be mentally incompetent.
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Appeal from a judgment of tbe circuit court for Grant, county: Geobge CleMENTsoN, Circuit Judge. This is an appeal from a judgment reversing tbe order- and judgment of tbe county court appointing a guardian of tbe person and estate of Eleanor Baric, wbo was alleged to be mentally incompetent. It appears from tbe record and is undisputed tbat Alfred Bark, the husband of Eleanor Baric, died October 14, 1896, leaving, him surviving, bis widow,. Eleanor, and eleven children, all of whom were of age, and' a farm of eighty acres of land adjoining tbe city of Lancaster, on which be resided at tbe…
1Opinion of the Court
Cassoday, O. J.
1. It is claimed by the respondents that the county court never obtained jurisdiction to appoint a guardian, for the reason that the petition therefor failed to state the names of the persons who would be affected by such appointment, and because it failed to show with whom the alleged incompetent resided, and who was in the possession of her property. The statute required the verified petition to be made by a relative or friend of the alleged incompetent, and to state the fact of such incompetency. Sec. 3976, Stats. 1898. Here it was made by a daughter of the alleged…
2Cases cited4 opinions
- Appeal of RoystonWisconsin Supreme Court · 1881
- In re StreiffWisconsin Supreme Court · 1903
- Menz v. BeebeWisconsin Supreme Court · 1897
- Schramek v. ShepeckWisconsin Supreme Court · 1904
3Cited by4 opinions
- Guardianship of NelsonWisconsin Supreme Court · 1963
- Field v. TurnerNew Mexico Supreme Court · 1952
- Guardianship of SimmonsWisconsin Supreme Court · 1940
- Guardianship of MarakWisconsin Supreme Court · 1973