Anspach v. Littler

On April 5, 1930, a petition was filed in the district court of Marion county, alleging that the defendant was mentally incompetent, and asking that a guardian be appointed for her person and property. Issues were joined and the case has been tried five times to a jury. Sandwiched between two of these numerous trials was an appeal to this court, in which an opinion was filed on November 22, 1932. See Anspach v. Littler, 215 Iowa 873, 245 N. W. 304.

When the case came on for trial, and after a part of the evidence had been introduced, in response to an inquiry from the court, the plaintiff…