State ex rel. Lowary v. Superior Court

Citations

• 41 Wash. 450
• 83 P. 726
• 1906 Wash. LEXIS 987

Syllabus

<p>Appeal — Dismissal—Cessation of Controversy — Proof. A ease in the supreme court will not he dismissed because of the cessation of the controversy unless such fact is shown by clear and satisfactory proof; and a signed statement that the case has been settled is not sufficient where it is disputed and claimed to have been signed through mistake and fraud.</p> <p>Certiorari — Time for Application — Excuse for Delay — III Health and Incompetence of Applicant. While ordinarily an application for a writ of certiorari must he made within the time limited for taking an appeal, sufficient excuse is shown for delay in applying for a writ to review an order appointing a guardian for the applicant, where it appears that the applicant was ill and unable to act, and the respondent had alleged that she was incompetent.</p> <p>Guardian and 'Ward — Appointment op Guardian — Notice op Application — Jurisdiction. The court is without jurisdiction to appoint a guardian for an incompetent person unless notice is served upon the person having the care, custody and control of such incompetent, the provision for notice being mandatory.</p> <p>Same — Record—Notice—Attendance at Hearing. The record on the appointment of a guardian for an incompetent person must show that the required notice was given, and that the person was present in court at the hearing or was unable to attend.</p>