Tiffany ex rel. Tucker v. Worthington
Supreme Court of Iowa
Appeal from Hamilton District Court'. — Hon. D. P. Hindman, Judge. Plaintiff entitles this action as above, and asks-certain relief on behalf of H. L. Tiffany, insane, against the defendant Worthington, as guardian, and alleges as grounds therefor, in substance as follows: That about February 9, 1889, H. L. Tiffany was adjudged insane, and defendant Worthington was appointed and qualified as his guardian; that prior thereto Mrs. Tiffany petitioned for divorce and alimony, on…
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Appeal from Hamilton District Court'. — Hon. D. P. Hindman, Judge. Plaintiff entitles this action as above, and asks-certain relief on behalf of H. L. Tiffany, insane, against the defendant Worthington, as guardian, and alleges as grounds therefor, in substance as follows: That about February 9, 1889, H. L. Tiffany was adjudged insane, and defendant Worthington was appointed and qualified as his guardian; that prior thereto Mrs. Tiffany petitioned for divorce and alimony, on the ground of cruel and inhuman treatment by her husband H. L. Tiffany; that pending said action Mr. Tiffany was…
1Opinion of the CourtGiven, J.
1 I. Our inquiry is as. to the right of G. F. Tucker, as next friend to H. L. Tiffany, previously adjudged insane, to. maintain this, .action. Section 2569 of the Code is as follows: “The action of a person judicially found to be of unsound mind, must be brought by his guardian, and, if he have none, the court or judge thereof, or the clerk, in vacation, may appoint one for the purposes of this action.” Section 2570 provides that defenses for such persons “must be by his guardian or a guardian appointed by the court to defend for him.” It will be observed that there is no provision here for…
2Cases cited6 opinions
- Graves v. GravesSupreme Court of Iowa · 1873
- Nichol v. ThomasIndiana Supreme Court · 1876
- Doe ex. dem. Foster v. RoeSupreme Court of Georgia · 1857
- Hinton v. Bland's Adm'rSupreme Court of Virginia · 1886
- Gates v. CarpenterSupreme Court of Iowa · 1876
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- In Re DenissonWashington Supreme Court · 1938
- Lake v. HopeSupreme Court of Virginia · 1914
- Collier v. SmaltzSupreme Court of Iowa · 1910
- Field v. TurnerNew Mexico Supreme Court · 1952
- DeNisson v. National Bank of CommerceWashington Supreme Court · 1938
1 more not listed; retrieve them via the Exa API.