Legal Opinion

State ex rel. Carroll v. District Court

Montana Supreme Court

Decided March 22, 1915No. 3,632PublishedCited by 22 opinions

Original application for writ of supervisory control by the State, on the relation of Joseph J. Carroll, as guardian of Mary Murphy, an incompetent person, against the District Court of the First Judicial District in and for the County of Lewis and Clark and J. M. Clements, a judge thereof.

1Opinion of the CourtJustice Holloway

By an order made and entered in department No. 2 of the district court of Lewis and Clark county, in June, 1912, Joseph J. Carroll was duly appointed guardian of the person and estate of Mary Murphy, an incompetent person. He immediately qualified and has since been in the active discharge of his duties. In January, 1915, Anna E. Nett, a daughter of Mrs. Murphy, petitioned the court to have her mother restored to capacity. A hearing was had in department No. 2, presided over by Hon. J. Miller Smith, with the result that the petition was denied; the court finding Mary Murphy still incompetent…

2Cases cited4 opinions

  1. Ryan v. WestonMontana Supreme Court · 1903
  2. Hayes, Conservator v. CandeeSupreme Court of Connecticut · 1902
  3. Matter of DanielsCalifornia Supreme Court · 1903
  4. In re the Estate of LeonardMichigan Supreme Court · 1893

3Cited by22 opinions

  1. State Ex Rel. Johnson v. BroderickNorth Dakota Supreme Court · 1947
  2. Carroll v. KingMontana Supreme Court · 1921
  3. State ex rel. Peel v. District CourtMontana Supreme Court · 1921
  4. August v. BurnsMontana Supreme Court · 1927
  5. State ex rel. Bonners Ferry Lumber Co. v. District CourtMontana Supreme Court · 1924

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