Edward Douglass White

“ The view we take of the statute was evidently the one adopted by the judge of the probate court, where the proceedings in lunacy were heard, since that court, upon the return of the sheriff, and the failure of the alleged lunatic to appear, either in person or by counsel, in order to protect her interests, entered an order appointing a guardian ad litem 'in the matter of the petition to inquire into her lunacy;' and an answer was filed by such guardian, denying all the matters and things stated and contained in the petition, and requiring strict proof to be made thereof according to law. ”

“ In determining whether such rights were denied we are governed by the substance of things, and not by mere form. Louisville & N. R. Co. v. Schmidt, 177 U.S. 230, 44 L. ed. 747, 20 Sup. Ct. Rep. 230. We cannot, then, even on the assumption that Mrs. Simon was of sound mind and fit to attend the hearing, hold that she was denied due process of law by being refused an opportunity to defend, when, in fact, actual notice was served upon her of the proceedings, and when, as we construe the statute, if she had chosen to do so, she was at liberty to make such defense as she deemed advisable. ”