Mitchell v. Aiken

Four grounds of the amended motion for a new trial are insisted on. While some, if not all, of the charges excepted to were erroneous, under the facts of this case they were not harmful to the defendant. This was not an action designed to contest finally the rights of the parties, but merely to establish that the position of the guardian was inconsistent with his duty to decide upon and assert the rights of his ward. The only question to be determined was whether the ward had probable cause to institute an action or actions bringing into account the acts and doings of W. H. Mitchell, tlie…