Holly v. Holly
Supreme Court of Iowa
Appeal from' Cherokee District Court. — Hon. John D. Oliver, Judge. In a proceeding instituted in tbe district court of Cherokee county by a petition filed by the plaintiff, asking the" appointment of' a guardian for the defendant alleged to be incompetent to manage his affairs and addicted to the excessive use of intoxicating liquors, the judge of said court appointed Wm. Mulvaney temporary guardian for the defendant.
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Appeal from' Cherokee District Court. — Hon. John D. Oliver, Judge. In a proceeding instituted in tbe district court of Cherokee county by a petition filed by the plaintiff, asking the" appointment of' a guardian for the defendant alleged to be incompetent to manage his affairs and addicted to the excessive use of intoxicating liquors, the judge of said court appointed Wm. Mulvaney temporary guardian for the defendant. On an application to set aside this appointment and cancel the letters issued on the ground that the defendant was, .and for many years had been, an actual inhabitant and…
1Opinion of the CourtMcClain, C. J.
— The appointment of the temporary guardian for the defendant was made on plaintiff’s application without any trial or final determination of the question whether, in fact, the defendant was a resident of the county of Cherokee. in such sense as to authorize the appointment by the judge of a permanent guardian for him. *586The ruling of the judge which is now complained of simply terminated the temporary guardianship, and presented no obstacle to the trial by the court of the question whether the defendant was, in fact a resident of the county, and was in fact so far incompetent as to justify the…
2Cases cited1 opinion
- Brown v. LambeSupreme Court of Iowa · 1903
3Cited by3 opinions
- McKinstry v. DeweySupreme Court of Iowa · 1921
- Matter of Guardianship of ReedSupreme Court of Iowa · 1991
- In re the Conservatorship of LenzSupreme Court of Iowa · 1972