39 Conn. 537 | Conn. | 1873
The appellant, Mrs. Weisne, is the mother of Anna Eilbert, a minor of six or seven years of age. The aj>pellee, Christian Birk, was appointed by the court of probate guardian of the minor, upon an application made to the probate court alleging in substance that the mother had aban-' domed her child, and that she and her husband had become and were unfit persons to have the care and custody of the minor.
The Superior Court upon appeal found that these allegations were untrue and that neither the mother nor her husband was an unfit or improper person for such charge, and therefore reversed the decree of the probate court-.
The appellee complains of the proceedings in the Superior Court; first, because he says that the appointment of Mr. Birk as guardian was within the discretionary power of the court of probate and therefore not the subject of appeal.
. The contrary is so fully established in the practice of the state, and the statute so clearly gives an appeal from every order, denial pr decree of the probate court, that we forbear to do more than reaffirm the rule- allowing an appeal in such cases.
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No new-trial is advised, and there is no error in the .judgment complained of.