Cole

The application is for the annulment of an order of said court finding petitioner guilty of contempt and imposing upon her a fine of fifty dollars. The initial proceeding was brought in said court by Charles P. Cole, husband of petitioner, seeking his appointment as the guardian of the person and estate of Dorothy Cole, the minor child of said Charles P. and Mary C. Cole.

The petition for said appointment was filed, citation was issued and served upon said Mary C. Cole, who appeared and answered, and the application came on regularly for hearing. After receiving the evidence but before rendering a decision the court directed an amended petition to be filed. This was accordingly filed on March 4, 1915, and four days thereafter the answer of said Mary C. Cole and also the order of the court in said guardianship matter were filed.

There is and can be no question as to the legal sufficiency of said amended petition. Some of its averments were traversed by the answer and the court in its order decreed “that the petition of the said Charles P. Cole to be appointed the guardian of the person and estate of the said Dorothy Cole, a minor, be and it is hereby denied; and it further…