Matson v. Swenson

Citations

• 5 S.D. 191
• 58 N.W. 570
• 1894 S.D. LEXIS 50

Syllabus

<p>1. Under Section 5651, Comp. Laws, being a part of the Probate Code, declaring the effect and prescribing rules for the construction of proceedings and judgments in the probate court, the county court, when acting as a probate court, or upon matters committed to it by the Probate Code, is a court of general jurisdistion.</p> <p>2. As such a court, in respect to such matters, its jurisdiction will be presumed against collateral attack, until a state of facts inconsistent with such presumption is affirmatively shown.</p> <p>8. In proceedings under the Probate Code for the appointment of a guardian for ap incompetent person, entertained apd acted upon by the county court, resulting in such appointment, such appointment will not be held to be invalid on collateral attack because the written petition was formerly addressed to the judge instead of the court.</p> <p>4. Under Section 5996, Comp. Laws, providing that upon certain facts being represented to the court “the judge must cause notice to be given” etc., a notice purporting to issue from, the court under its seal, and signed by the clerk, is a good notice, especially as it is provided by Section 6040 that “the powers conferred upon the probate judge in relation to guardians and wards may be exercised by him at chambers, or as the act of the probate court.”</p> <p>5. In a collateral attack by a stranger it is not a fatal objection to the validity of such appointment that five days, as required by statute, did not intervene between the service of the notice and the hearing; and, in the absence of any showing to the contrary, it will be presumed that full statutory notice was.waived.</p> <p>(Syllabus by the court.</p>