In re Marquis
Supreme Court of Missouri
Appeal from, Howard Circuit Court.—Hon. Gf. H. BurckhaEtt, Judge. (1) The only jurisdiction the probate court had in this matter being conferred by statute, its powers are limited within the confines of the statute which gave it jurisdiction.
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Appeal from, Howard Circuit Court.—Hon. Gf. H. BurckhaEtt, Judge. (1) The only jurisdiction the probate court had in this matter being conferred by statute, its powers are limited within the confines of the statute which gave it jurisdiction. R. S., sec. 1187; Schell v. Leland, 45 Mo. 289. (2) The probate court, under the statute, could set aside an inquisition only during the term in which it was had, and when so set aside it is the duty of the court to impanel a new jury to inquire into the facts. R. S., sec. " 5794. (3) The adjourned September term of the August term of the Howard probate…
1Opinion of the CourtNobton, J.
On the tenth day of September, 1883, Lafayette Marquis filed in the probate court of Howard county an information that his father, Washington Marquis, was a person of unsound mind and praying that an inquiry of the matter be had. The court made the following order: “Now, at this day, comes Lafayette Marquis and files information that Washington Marquis is a person of unsound mind, and upon proof that he is not in condition of mind and body to be brought into court, it is ordered that he be not brought into court.” The *617facts were inquired into by a jury, which returned .a verdict that said…
2Cases cited1 opinion
- Dutcher v. HillSupreme Court of Missouri · 1860
3Cited by11 opinions
- Freezer v. MillerSupreme Court of Virginia · 1934
- Hunt v. SearcySupreme Court of Missouri · 1902
- Ex Parte Higgins v. HoctorSupreme Court of Missouri · 1933
- Ex Parte Hamilton v. HendersonMissouri Court of Appeals · 1938
- Shanklin v. BoyceSupreme Court of Missouri · 1918
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