The record-union., 1898-06-25
4 MATTER OF JURISDICTION.
NOTICE OF APPOINTMENT OF A
GUARDIAN.
circumstances Under Which Judge
Hughes Decides 1t Is Not
Necessary.

The matter of the appointment OF a
Guardian Of the person and estate OF
Edward Meagar, minor, was deter
mined by Judge Hughes yesterday, who
granted the petition of John Lodge for
such appointment. The case involved
an issue not usually encountered, hence
the reasons given by the court tor
making the order are given below. The
court said
On the IIth day of June, 1898. John
Lodge filed in this court a petition
praying his appointment as guardian
of the person and estate of Edward
Meagan, a minor. The petition was
accompanied by the written non:ina-
ton Of petitioner, by said minor. VINO
is over the age of IA. Prior to his resi-
dence with petitioner said minor was
in the care and keeping OF the 81.
Vincent Orphan Asylum at san RaIael'
Cal The mother of said minor is
dead, and the residence OF his father
is unknown, though it is positively
averred that neither said father nor
any relative of said minor resides IN
Sacramento County.
No notice of this application has been
given, and the only question is, wheth-
er or not the court, under the facts as
stated, has jurisdiction to appoint
guardian / am of the opinion that
the rule enunciated by the Supreme
Court in the case of Smith VS.. Bis
cailuz (S3 Cal, $40 is decisive of the
question here involved. In that case
the court said
1T is claimed by the respondents
that the order of the Probate Court
appointing the guardian for Victoria
Jordan was void for want OF notice.
That part Of Section 1l4I of
the Code of Civil Procedure which pre-
scribes the notice required for the ap-
pointment Of guardian Of minor un-
der IA years of age, such as the one
here concerned, is as follows Such ap-
pointment may be made on the petit
tion Of a relative or other person, on
behalf of the minor. Before
making such appointment the court
must cause such notice as such court
deems reasonable to be given to any
person having the care Of such minor,
and to such relatives Of the minor
residing in the county as the court may
deem proper
I'm the present instance the mother
having the care of her preferred the
guardian, Joseph Jordan, the uncle CT
the minor; and her only other relatives
residing in the county, two cousins,
Joseph p. Jordan and Anton Jordan,
filed in the court their written con-
sent to the appointment of the uncle,
Joseph, to be the guardian. After
which, and on the same day, the court
appointed him guardian in accordance
with the petition and consent thus fled.
"Conceding, without deciding, that
the language, The court must cause
such notice as such court deems rea-
sonable to be given to any person hav-
ing the care of the minor, and to such
relatives of the minor residing in the
county as the court may deem proper
required the court to have some proper
notice given to the person having the
care Of the minor, and such of her
relatives residing in the county as the
court may deem proper, as a prereQui-
site to a valid appointment Of her
guardian, nevertheless the appear
ance by petition of the mother of the
minor, under whose care she was, and
of the other necessary parties, to whom
notice was requisite, by their written
consent filed in the cause was proof
that they had notice of what was in
progress before the court, and had
waived any more formal notice.
ITO have ordered and given any such
notice under the existing state Of facts
would have been an idle and useless
ceremony, which the law does not i'm
pose upon courts of justice.
THE minor, being of tender years
and not supposed to be able fully to
protect her rights, the law provides
notice to be given in some proper way
to certain persons, who may appear
and do what is just in her interests.
1T is not required that any notice be
given to the minor, and If the
persons to whom the notice is
ty to defend the minors rights ap-
pear in court, and by petition and writ
ten consent ask that tribunal to ap-
point the guardian whom it does ap-
point, we cannot perceive how any
harm can come to the minor, or how
the law in substance is violated"
(Smith VS. Biscailuz, SO Cal, 353)
In the case at bar the minor being
over II years of age, is entitled to
name the person whom the court shall
appoint as his guardian. &C. G. p, Sec
tion 174S)
The only other person entitled 20 no.
tice of this proceeding-there being no
relatives of the minor residing in Sac
ramento County-is the person having
the custody of the minor, who is the
petitioner here, and certainly requires
no notice of this proceeding.
Let an order be prepared reciting all
of the facts stated in this opinion, and
appointing John Lodge guardian of
said minor. on fling the usual bond in
the sum of $3.50
JOSPH w. HUGHES,
Judge Of the Superior Court.