36 S.E. 433 | S.C. | 1900
July 3, 1900. The opinion of the Court was delivered by Henrietta Buffington, without any notice to her, was adjudged by the probate court of Saluda County, in this State, to be a person of unsound mind, and one A.J. Gregory was appointed by such probate court to be the committee of her person and estate. From this judgment of the probate court the said Henrietta Buffington, through her attorney, E.W. Able, Esq., has within the time prescribed by the statute served notice of appeal, and such appeal is now pending. However, after the notice of appeal above referred to, the said Henrietta Buffington, through her said attorney, E.W. Able, Esq., applied to Judge James Aldrich, while presiding over the Court of Common Pleas for said Saluda County, for a writ of certiorari to be directed to the judge of probate for Saluda County, requiring him to have the records of his court relating to the matter of Henrietta Buffington, as a person of supposed unsound mind, before Judge Aldrich. Due return was made by said probate judge, whereupon Judge Aldrich dismissed the petition for writ of certiorari, and refused to issue said writ upon the ground that the petitioner has ample remedy by appeal, and that said appeal is her proper remedy. She now appeals, and by her appeal, or the grounds thereof, raises the following questions: "1st. That the Circuit Judge erred in holding that Henrietta Buffington had the right of appeal from the proceedings in the probate court; and 2d. That the Circuit Judge erred in holding that an appeal was the proper remedy, and not writ of certiorari."
The appellant concedes that practically but one question is before us, namely, whether there is a right of appeal from the probate court in such a proceeding as that testing the soundness of mind of a party, who is alleged to be of unsound mind, when such person so charged is served with no notice of such proceedings. We may remark, that since the recent case of State ex rel. Martin v. Moore,
It is the judgment of this Court, that the judgment of the Circuit Court be affirmed.