In re Alexander
Michigan Supreme Court
Error to Washtenaw; Kinne, J. Petitions by William S. Savage and Amos E. Lohr for the appointment of a guardian for Adelia Alexander, an alleged incompetent. The petitions were granted in the probate court, and respondent appealed to the circuit; and, being again defeated, she brings error. Two petitions were filed on the same day in this cause in the probate court for the appointment of a guardian for Adelia Alexander. One was filed under section 8709, 3 Comp.
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Error to Washtenaw; Kinne, J. Petitions by William S. Savage and Amos E. Lohr for the appointment of a guardian for Adelia Alexander, an alleged incompetent. The petitions were granted in the probate court, and respondent appealed to the circuit; and, being again defeated, she brings error. Two petitions were filed on the same day in this cause in the probate court for the appointment of a guardian for Adelia Alexander. One was filed under section 8709, 3 Comp. Laws, by one Savage, setting forth that he was a second cousin and next of kin. The other was filed under the provisions of section…
1Opinion of the CourtGrant, J.
(after stating the facts). The objection to the validity of the petitions comes too late. The objections now made to the petitions in the probate court were such as could be waived, and were waived by consenting to go to a hearing upon the merits. The statute also requires, when an appeal is taken, that the reasons for such appeal be stated. Parties are not at liberty to raise technical objections on an appeal which were not raised in the probate court or in the petition for appeal. The sole issue in the circuit court under the appeal was the competency of Miss Alexander to manage her own…
2Cited by3 opinions
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