Legal Opinion

Graham v. Clapp

Supreme Court of Iowa

Decided September 27, 1921PublishedCited by 8 opinions

Appeal from Jaclcson District Court. — A. P. Barker, Judge. Aotion at law, to liave a guardian of property appointed for the defendant, as a person of unsound mind and incapable of managing his ordinary business affairs. Jury waived, and cause tried to the court. Judgment entered, dismissing petition and taxing costs to plaintiffs. Plaintiffs appeal. —

1Opinion of the CourtDe Graff, J.

Plaintiffs are the daughters of the defendant, Leonard Clapp. The petition is predicated on Code Section 3219, which provider that a guardian may be appointed for a person of unsound mind. Since the statute is silent as, to the indicia of mental unsoundness, we must resort to judicial opinion and definition. It is not our purpose to set out in detail either the proof tendered in support of the allegations of the petition or that offered by the defendant, in his attempt to prevent the appointment of a guardian. Bach, ease of this character is necessarily bottomed upon its own facts, and upon…

2Cases cited4 opinions

  1. Emerick v. EmerickSupreme Court of Iowa · 1891
  2. Garretson v. HubbardSupreme Court of Iowa · 1899
  3. Overmyer v. OvermyerSupreme Court of Iowa · 1921
  4. Wood v. WoodSupreme Court of Iowa · 1906

3Cited by8 opinions

  1. Olson v. OlsonSupreme Court of Iowa · 1951
  2. Huffman v. BeamerSupreme Court of Iowa · 1924
  3. Perry v. RobertsSupreme Court of Iowa · 1928
  4. Zander v. CahowSupreme Court of Iowa · 1925
  5. Richardson v. RichardsonSupreme Court of Iowa · 1933

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