Davenport v. . Lynch
Supreme Court of North Carolina
This was an actioN on the cask, tried before Mault, J'., at the Spring Term, 1859, of Rutherford Superior Court. The plaintiff declared: 1st. “The defendants maliciously sued out inquisitions of lunacy against the plaintiff.” 2ndly. “Eor conspiring together, and suing out process to to have plaintiff’ declared a lunatic, with a view, and for the purpose of coercing him to make a different disposition of his. property from that which he willed. 3rd.
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This was an actioN on the cask, tried before Mault, J'., at the Spring Term, 1859, of Rutherford Superior Court. The plaintiff declared: 1st. “The defendants maliciously sued out inquisitions of lunacy against the plaintiff.” 2ndly. “Eor conspiring together, and suing out process to to have plaintiff’ declared a lunatic, with a view, and for the purpose of coercing him to make a different disposition of his. property from that which he willed. 3rd. Or of acting on the public mind, and- defeating the ultimate probate of his intended will. The defendants were grand-children, and it appeared…
1Opinion of the CourtEufuiN, J.
Yery clearly, the declarations of William Davenport, were not substantive evidence of the plaintiff’s mental incapacity. They stood on the same ground with declarations made by any other person.
We think, upon the other parts of the case^ that his Honor might well have left it to the jury to infer malice, and an evil motive throughout, from the want of probable cause — the utter groundlessness for the successive applications by the defendants for the proceedings in lunacy. But, wo suppose, as the testimony is not given, that it'was not necessary to submit the case in that point of view, to the…
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