Smith v. Burlingame

U.S. Circuit Court for the District of Rhode Island

Smith v. Burlingame

22 F. Cas. 459, 4 Mason C.C. 121

CourtU.S. Circuit Court for the District of Rhode Island

DecidedNovember 15, 1825

StatusPublished

Cited by5 cases

This text of 22 F. Cas. 459 (Smith v. Burlingame) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Smith v. Burlingame, 22 F. Cas. 459, 4 Mason C.C. 121 (circtdri 1825).

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Opinion

STORY, Circuit Justice.

My opinion is, that the objection is fatal. The courts of probate have no right to put a person under guardianship, as unfit to manage her affairs, without notice to the party, and an adjudication on the facts; and until such adjudication, no letters of guardianship can legally be issued. The case of Chase v. Hathaway, 14 Mass. 222, is directly in point, and with that case I entirely concur.

Verdict for the plaintiff.

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STORY, Circuit Justice.

My opinion is, that the objection is fatal. The courts of probate have no right to put a person under guardianship, as unfit to manage her affairs, without notice to the party, and an adjudication on the facts; and until such adjudication, no letters of guardianship can legally be issued. The case of Chase v. Hathaway, 14 Mass. 222, is directly in point, and with that case I entirely concur.

Verdict for the plaintiff.

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Bluebook (online)

22 F. Cas. 459, 4 Mason C.C. 121, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-burlingame-circtdri-1825.

Opinion

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