Palmer v. Wolf
Supreme Court of Iowa
Appeal from Linn District Court. — F. O. Ellison, Judge. This was an application by plaintiff for the appointment of a guardian of the property of defendant. There was a trial to a jury, and a finding by it that defendant was incompetent to care for her business, and a guardian was appointed. From such appointment, the defendant appealed.
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Appeal from Linn District Court. — F. O. Ellison, Judge. This was an application by plaintiff for the appointment of a guardian of the property of defendant. There was a trial to a jury, and a finding by it that defendant was incompetent to care for her business, and a guardian was appointed. From such appointment, the defendant appealed. Since the appeal, the ward has died, and the plaintiff has filed a motion to dismiss the appeal, on the ground that, under the circumstances shown, there is now only a moot question for determination. The motion to dismiss is sustained, but without prejudice.
1Opinion of the CourtPreston, J.
ror : dismissal: appointment of of watt" = death 1. The motion to dismiss was submitted with the case. Plaintiff is a daughter of the defendant’s. There are other children. Appellant earnestly challenges the sufficiency of the evidence to sustain the finding of the jury that the defendant was incompetent. Ordinarily, this would be a question for the jury. For the reason to be stated later in the opinion, we may not determine this question. We may say, however, that we have examined the record. The evidence introduced by plaintiff is not at all strong or conclusive. The defendant was 94 years…
2Cases cited6 opinions
- Faucher v. GrassSupreme Court of Iowa · 1883
- Tuttle v. TuttleNorth Dakota Supreme Court · 1909
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- Horrabin v. City of Iowa CitySupreme Court of Iowa · 1911
- Bethany Congregational Church v. MorseSupreme Court of Iowa · 1911
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3Cited by5 opinions
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