M'Donald v. Morton
Massachusetts Supreme Judicial Court
On the 17th of March, 1804, the overseers of the poor of the town in which the appellant lived, made a representation to the iudge of probate that the appellant was incapable of taking care of himself, he being non compos, (a) Thereupon the judge directed the selectmen “ to make inquisition thereinto.”
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On the 17th of March, 1804, the overseers of the poor of the town in which the appellant lived, made a representation to the iudge of probate that the appellant was incapable of taking care of himself, he being non compos, (a) Thereupon the judge directed the selectmen “ to make inquisition thereinto.” And the selectmen having adjudged him to be incapable of taking care of himself, and having certified the same to the judge, he, on the 4th of April, 1804, appointed the appellees the guardians of the appellant. Since that tjme the appellant made application to the judge to have the letters of…
1Opinion of the CourtThacher, J.
I am in favor of sustaining the appeal and going into the inquiry prayed for by the appellant. From the nature of the case it seems to me that he is entitled to prosecute in the manner he has. It would have been useless for him to give bonds. The effect of the appointment of guardians was to take away from the appellant the capacity of acting, civiliter; and his bond would have been void. All his property is in the hands of the guardians, and therefore his bond could be of no use.
* Sewall, J.
As at present advised, I am for sus taining the appeal, (notwithstanding no bonds have beer, given,)…
2Cited by13 opinions
- Lawless v. ReaganMassachusetts Supreme Judicial Court · 1880
- Rannells v. GernerSupreme Court of Missouri · 1883
- Sullivan v. QuinlivanMassachusetts Supreme Judicial Court · 1941
- Devin v. ScottIndiana Supreme Court · 1870
- In Re Appeal of BarnettSupreme Court of Oklahoma · 1926
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