Summer v. Boyd

Duckworth, Chief Justice.

The first amended ground of the motion for new trial excepts to the refusal to charge a timely written request as follows: “One is insane who has not strength of mind and reason equal to a clear and full understanding of the nature and consequences of his act in making a deed. One who has not strength of mind and reason equal to a clear and full understanding of his act in making a contract is in the eyes of the law one who is afflicted with an entire loss of understanding.” It is the indisputable right of a litigant to have given in the charge a pertinent legal…