In re the Guardianship of Oliver

Citations

• 77 Ohio St. (N.S.) 474

Syllabus

<p>Appointment of guardian — Application in probate court — Appeal to common pleas court — Latter may appoint, when — Section 6302, Revised. Statutes — Original jurisdiction to remove guardian, where — Section 524, Revised Statutes — Not error for court to sustain general demurrer.</p> <p>1. The appeal to the court of common pleas from the judgment and order of the probate court refusing to appoint a guardian for one alleged to be an imbecile and dismissing the application for such appointment, authorized by section 6302, Revised Statutes, transfers to the court of common pleas the entire cause, and empowers that court, upon finding the person to be an imbecile and that a guardian is needed, to appoint a guardian.</p> <p>2. Upon such appointment being made it is the duty of the clerk of the court of common pleas to certify, by a duly authenticated transcript, the order, judgment and proceedings to the probate court.</p> <p>3. Exclusive original jurisdiction to remove a guardian being, by section 524, Revised Statutes, vested in the probate court, the court of common pleas is without original jurisdiction to entertain an application to remove a guardian.</p> <p>4. Where an application for such removal is made in the first instance to the court of common pleas, it is not error for that court to sustain a general demurrer to such application and dismiss the proceeding.</p>