Gilmer v. Redwine

Citations

• 131 Va. 55
• 108 S.E. 857
• 1921 Va. LEXIS 7

Syllabus

<p>1. Prisons and Prisoners—Committee for Convict—Requisites for Appointment.-—Under section 4998 of the Code of 1919, to authorize the court to appoint a committee for a convict it is necessary that the person whose estate is proposed to be committed should be convicted of felony and sentenced to the penitentiary, or to the State convict force, for one year, or more; that he should own real or personal estate; that the motion should be made by an interested party, and the estate, or some portion of it, must be within the territory of the court making the commitment. If the existence of any one, or more, of these grounds of jurisdiction is challenged, evidence that the grounds so challenged do exist must be furnished.</p> <p>2. Prisons and Prisoners—Committee for Convict—Requisites for Appointment—Case at Bar.—In the instant case the convict objected that he had no estate to be committed, and that the party making the motion for the appointment of his committee had no interest in the appointment of a committee for him.</p> <p>Held: That as these facts were in issue, they should have been affirmatively established, in order to support the jurisdiction of the trial court.</p>