Hart v. Miller
Indiana Court of Appeals
From Wayne Circuit Court; L.D. Stubbs, Special Judge. Action by Solomon Miller against George R. Hart as guardian of Samuel Hart, a person of unsound mind, for the care of such ward. From a judgment for plaintiff, defendant appeals.
1Opinion of the CourtBlack, J.
A demurrer to the complaint of appellee, consisting of two paragraphs, for want of sufficient facts, was sustained. On appeal to the Supreme Court, this ruling was disapproved. Miller v. Hart, 135 Ind. 201. The action was against Alonzo Osborn, as guardian of Samuel Hart, a person of unsound mind, and Samuel Hart. The first paragraph of complaint showed that Samuel Hart had been duly adjudged a person of unsound mind, in 1857, and had ever since been under guardianship; that Isaac Hart, his first guardian, having resigned, one John Hart duly became his guardian on the 5th of September, 1864,…
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