In re Tannory
| Decision Date | 16 September 1927 |
| Docket Number | No. 25995.,25995. |
| Citation | 297 S.W. 967 |
| Parties | In re TANNORY. WELLS v. TANNORY et al. |
| Court | Missouri Supreme Court |
Appeal from Circuit Court, Pike County; Edgar B. Woolfolk, Judge.
Information by Edward B. Velton Wells, praying that an inquiry be had into the sanity of Martha Frances Tannory. Judgment that Martha Frances Tannory was of unsound mind and incapable of managing her affairs. On affidavit by N. L. Tannory, the circuit court after trial de novo, held that Martha Frances Tannory was of sound mind and capable of managing her affairs, and informant appeals to the Supreme Court. Appeal transferred to the St. Louis Court of Appeals.
Hostetter & Haley, of Bowling Green, for appellant.
Rendlen & White, of Hannibal, and Ras Pearson and P. D. Wilkins, both of Louisiana, Mo., for respondents.
This proceeding was commenced in the probate court of Pike county by the filing of an information in writing, made and verified by Edward B. Velton Wells, that Martha Frances Tannory, formerly Martha Frances Wells, a resident of Pike county and the owner of real and personal property, is a person of unsound mind and incapable of managing her affairs, and praying that an inquiry thereinto be had to the end that said Martha Frances Tannory may be adjudicated to be a person of unsound mind and incapable of managing her affairs. Edward B. Velton Wells, the informant, is a blood nephew and an adopted son of Martha Frances Tannory. The inquiry was had before the probate court of Pike county, sitting as a jury, neither the informant nor the party whose sanity was being inquired into demanding a jury, and resulted in a finding and judgment by the probate court that said Martha Frances Tannory is a person of unsound mind and incapable of managing her affairs, and the appointment of the public administrator of Pike county as guardian of her person and estate. Within 20 days after the finding and judgment of said probate court, N. L. Tannory, the husband of Martha Frances Tannory and a reputable citizen of Pike county, pursuant to the provisions of section 282a, Revised Statutes of Mo. 1919 (Laws of Mo. 1921, p. 124), filed an affidavit for an appeal from the probate court to the circuit court of Pike county, together with an appeal bond in the principal sum of $250. The proceeding was thereafter tried de novo in the circuit court of Pike county before a jury, resulting in a verdict finding Martha Frances Tannory to be a person of sound mind and capable of managing her affairs. Judgment was entered by the circuit court in accordance with the verdict of the jury, and the costs of the proceeding were taxed against the informant, Edward B. Velton Wells. In due time, the informant filed his separate motions for new trial and in arrest of judgment, both of which motions were overruled by the circuit court, whereupon said informant, Edward B. Velton Wells, was allowed and granted an appeal to this court.
Neither party has questioned our jurisdiction of this appeal or raised the question by their briefs, but...
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State ex rel. Wilkerson v. Skinker
...informant (in the probate court) appealed to the Supreme Court, which court transferred the cause to the St. Louis Court of Appeals (297 S.W. 967). The latter decided the case upon the merits, holding that the appeal had been properly taken. Relators claim that this court in State ex rel. T......
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State ex rel. Wilkerson v. Skinker, 36402.
...informant (in the probate court) appealed to the Supreme Court, which court transferred the cause to the St. Louis Court of Appeals (297 S.W. 967). The latter court decided the case upon the merits, holding that the appeal had been properly Relators claim that this court in State ex rel. To......
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City of St. Joseph v. Georgetown Lodge No. 627, I.O.O.F., of St. Joseph
...for the all-sufficient reason that no court should proceed to judgment in a cause or proceeding unless it has jurisdiction. In re Tannory (Mo. Sup.) 297 S.W. 967; v. Pleasant, 315 Mo. 1239, 1245, 288 S.W. 38, 41; City of Tarkio v. Clark, 186 Mo. 285, 294, 85 S.W. 329. We find present herein......
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City of St. Joseph v. Georgetown Lodge No. 627, I. O. O. F.
...held that jurisdiction cannot be conferred upon this court by the mere consent, acquiescence, or silence of the parties. In re Tannory (Mo. Sup.) 297 S. W. 967; State ex rel. v. Sims, 309 Mo. 18, 274 S. W. 359; Springfield Southwestern Ry. Co. v. Schweitzer, 246 Mo. 122, 127, 151 S. W. 128;......