Guardianship of Treadwell

Citations

• 3 Coffey 309

Syllabus

<p>Guardian—Applications for Letters in Different Counties.—Where applications for letters of guardianship are made by different persons in several counties, each applicant claiming his county to be the residence of the minors, and the second application is filed before notice is given, of the first, and is first heard and determined, the order granting the same and determining that the minors are residents of the county of the second applicant is res judicata and a bar to the application first filed.</p> <p>Bes Judicata.—In Considering the Question of Bes Judicata, it is immaterial which proceeding was first instituted, if it has not reached a final determination. The case in which the first judgment is rendered is the prior one and controls, although rendered in the later proceeding.</p> <p>Guardian—Application for Letters in Different Counties.—Where an application for letters of guardianship is granted by the superior court of one county, and an application is thereafter made to vacate the order on the ground that the minors are not residents of that county, which application is denied, the order denying it is conclusive upon an application for letters in the superior court of another county, although that application was first filed.</p> <p>Courts—Conflict of Jurisdiction.—As between courts of concurrent jurisdiction, that court in which process is first served has the prior jurisdiction, irrespective of which proceeding is first instituted.</p> <p>Judgments.—The Doctrine of the Conclusiveness of Judgments against collateral attack applies to judgments of the superior court in probate and guardianship as well as to those in any other branch of its jurisdiction.</p> <p>Guardian.—The Residence Necessary to Confer Jurisdiction in matters of guardianship is the actual residence or abode of the ward, not his legal residence or domicile.</p> <p>Guardian.—Residence is not Required, under section 1747 of the Code of Civil Procedure, in order to confer jurisdiction in g