McDermott v. Rahely
Supreme Court of Iowa
Appeal from Clinton District Court. — Hon. D. V. Jackson, J udge. On November 18, 1908, the plaintiff filed a petition alleging defendant to be a person of unsound mind and incapable of managing his affairs, and prayed for the appointment of a guardian. A niece of defendant, averring herself his only full blood relative in this country, by way of petition of intervention, joined in the prayer.
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Appeal from Clinton District Court. — Hon. D. V. Jackson, J udge. On November 18, 1908, the plaintiff filed a petition alleging defendant to be a person of unsound mind and incapable of managing his affairs, and prayed for the appointment of a guardian. A niece of defendant, averring herself his only full blood relative in this country, by way of petition of intervention, joined in the prayer. The defendant denied the allegations, and averred the proceedings to be a scheme to acquire possession of his property. Trial to the court resulted in the appointment of plaintiff guardian as prayed.…
1Opinion of the CourtLadd, J.
The defendant is over sixty years old, and was never married. His occupation is, and has been for thirty years past, that of “hired man.” Because of his inability to handle other than gentle horses, or to manage the work assigned him, his wages have not exceeded half or two-thirds those paid an ordinary laborer. Previous to working for plaintiff, some thirteen years prior to the beginning of this action, he had saved nothing except in omitting the collection of wages from a woman by whom he had been employed. At that time plaintiff induced him to open an account and deposit his earnings with…
2Cases cited2 opinions
- Emerick v. EmerickSupreme Court of Iowa · 1891
- Schick v. StuhrSupreme Court of Iowa · 1903
3Cited by4 opinions
- Olson v. OlsonSupreme Court of Iowa · 1951
- Huffman v. BeamerSupreme Court of Iowa · 1924
- Richardson v. RichardsonSupreme Court of Iowa · 1933
- Muller v. DeVriesSupreme Court of Iowa · 1922