Reports of Cases Determined by the Supreme Court of the State of Missouri Volume 103
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1891 edition. Excerpt: ...its motion for new trial, which being overruled, brings the case here by writ of error. The question to be decided is whether upon the foregoing facts the county court can be compelled to pay the claim. I. By law the probate court in each county is vested with jurisdiction de Zunatico '1'ng"a27rendo as to any person in such county charged by information in writing to be of unsound mind. R. S. 1879, sec. 5787. The exercise of such jurisdiction is not dependent upon the length of time the subject of such inquiry may have resided in the county prior to the inquiry; it is suflicient that at the time of the inquiry he was actually in the county. The law reads: "If information in writing be given to the probate court that any person in its counly is an idiot, lunatic or person of unsound mind," etc. Sec. 5787, supra. The fact, that the lunatic in this case had only been in the county three or four months or weeks, as the case may have been, before the inquiry, was no reason that the probate court should not exercise jurisdiction in the case. II. The jurisdiction to appoint guardians of such persons as may befound to be of unsound mind is also vested in the probate courts. C0nst., art. 6, sec. 34; Cox v. Osage County. R. S. 1879, sec. 5791. The manner of exercising this jurisdiction as well as the whole procedure in regard to the persons and estates of insane persons is regulated and prescribed by chapter 116, Revised Statutes, 1879. Section 5805 of that chapter expressly authorizes the probate court by whom any insane person is committed to guardianship to make an order for the restraint, support and safekeeping of such person and among other provisions of that chapter are the following sections: "Sec. 5828. If any...
- Paperback | 248 pages
- 189 x 246 x 13mm | 449g
- 13 Sep 2013
- Illustrations, black and white