State v. Superior Court of Lincoln County
| Decision Date | 19 January 1906 |
| Parties | STATE ex rel. LOWARY v. SUPERIOR COURT OF LINCOLN COUNTY et al. |
| Court | Washington Supreme Court |
Writ of review by the state, on the relation of Addie V. Lowary against the superior court of Lincoln county and another. Judgment reversed.
Mendenhall Rhodes & Pence, for relator.
H. A P. Myers, for respondents.
On the 23d day of July, 1904, A. D. Strout filed a petition in the superior court of Lincoln county praying for the appointment of himself, or some fit and proper person, as guardian of the person and estate of his daughter, Addie V. Lowary, on the ground that she was mentally incompetent to manage her property and that she had property needing care and attention. The petition averred that said Addie V. Lowary was a resident of said Lincoln county and had no relatives residing therein except the petitioner and his wife, but did not set forth who, if any person, had the care, custody, and control of said Addie V. Lowary. August 3, 1904, was fixed as the date for the hearing of said application, and on the 23d day of July preceding, notice of such hearing was personally served on said Addie V. Lowary by the sheriff of Lincoln county. The matter was continued until the 16th day of August, 1904, and on the latter date a hearing was had and an order made, appointing the petitioner guardian as prayed. At such hearing said Addie V. Lowary did not appear in person, but one Mulligan and the prosecuting attorney of Lincoln county appeared in her behalf. On the 30th day of September, 1904, said Addie V. Lowary filed a petition for the vacation of the order appointing the guardian on numerous grounds, among others, that she was not a resident of Lincoln county at the time said application was made and had not resided in said county for more than one year prior thereto. On the 18th day of October, 1904, the petition to vacate was denied. On the 2d day of October 1905, application was made to this court for a writ of review, to review the order appointing the guardian and the order refusing to vacate the appointment. The writ was allowed and the matter is now before us for final determination. On the 2d day of December, 1905, the respondent filed in this court a statement, signed by the relator, reciting that the matter in dispute has been satisfactorily adjusted and praying that this proceeding be dismissed. In opposition to this motion there have been filed affidavits of the relator and her husband to the effect that, if any such statement was signed by relator, it was signed through mistake and obtained through fraud. This court will not dismiss a case because of a cessation of the controversy, unless such cessation is shown by clear and satisfactory proof. No such showing is made in this case, and the motion to dismiss is accordingly denied. It was further contended by the respondent that the writ was not applied for within...
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Vance v. City of Seattle
...6 Wash.2d 615, 108 P.2d 826 (1940) (mandamus); Spooner v. Seattle, 6 Wash. 370, 33 P. 963 (1893). In State ex rel. Lowary v. Superior Court, 41 Wash. 450, 452, 83 P. 726, 727 (1906), the court entertained a tardy application for a writ of review because of the relator's incompetency, but Th......
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Pierce v. King County, s. 36345
...the rule that limits certiorari to the time within which an appeal could have been taken did not govern. In State ex rel. Lowary v. Superior Court, 41 Wash. 450, 83 P. 726, review of an order appointing a guardian for an incompetent person was sought by certiorari more than a year after the......
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Andrus v. Snohomish County
...the rule that limits certiorari to the time within which an appeal could have been taken did not govern. In State ex rel. Lowary v. Superior Court, 41 Wash. 450, 83 P. 726, review of an order appointing a guardian for an incompetent person was sought by certiorari more than a year after the......