Herring v. Goodson
Mississippi Supreme Court
Error to the probate court of Eranklin county: The facts are sufficiently stated in the opinion of the court. The plaintiff in error assigned the following errors : 1st. The court erred in entertaining the motion of Goodson without first disposing of the issue made up on bis petition and Herring’s answer. 2d. The court erred in sustaining Goodson’s motion, based on allegations of fact and fraud, without proof of such allegations. 3d.
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Error to the probate court of Eranklin county: The facts are sufficiently stated in the opinion of the court. The plaintiff in error assigned the following errors : 1st. The court erred in entertaining the motion of Goodson without first disposing of the issue made up on bis petition and Herring’s answer. 2d. The court erred in sustaining Goodson’s motion, based on allegations of fact and fraud, without proof of such allegations. 3d. The court erred in rendering judgment against Herring for costs in a motion to which he was not a party, without disposing of the case on the petition which he…
1Opinion of the Court
Simrall, J.:
The probate court of Eranklin county had granted letters of guardianship to John W. Herring of the person and estate of John T. Goodson, a minor.
Elisha Goodson, as the father of the minor, by petition, applied to the probate court of Franklin county, to revoke the letters, on the ground that the minor was and had always been a resident of Jefferson county; that no notice of Herring’s application had been given to him; that as father, he was natural guardian, and had the better right; that there was no jurisdiction over the guardianship of the minor in the probate court of Franklin…
2Cited by13 opinions
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