PRACTICE AND PROCEDURE-PROCEEDINGS FOR RESTORATION OF SANITY -WHO MAY APPEAL FROM AN ADJUDICATION OF SANITY

Authors

Chester Lloyd Jones S.Ed., University of Michigan Law SchoolFollow

Abstract

In a proceeding commenced by a guardian ad litem in a probate court to determine whether an incompetent might be adjudged sane, the committee was made respondent and resisted the adjudication of sanity. From a judgment of competency, the committee appealed to the proper court of general jurisdiction. The applicable statutes specifically gave only the petitioner the right to appeal in proceedings for restoration of sanity, but another statute gave the right to appeal from probate to circuit courts to "any person interested in any . . . decree of any probate court, and considering himself injured thereby." Petitioner moved in the circuit court to dismiss on the ground that the committee was not entitled to appeal. From a judgment refusing to dismiss, petitioner appealed. Held, affirmed. The committee may appeal as a person interested in and injured by the decree of restoration of sanity. Cobb v. South Carolina National Bank, (S.C. 1947) 43 S.E. (2d) 465.

Recommended Citation

Chester L. Jones S.Ed., PRACTICE AND PROCEDURE-PROCEEDINGS FOR RESTORATION OF SANITY -WHO MAY APPEAL FROM AN ADJUDICATION OF SANITY, 46 Mich. L. Rev. 699 (1948).
Available at: https://repository.law.umich.edu/mlr/vol46/iss5/22