Schick v. Stuhr
Supreme Court of Iowa
Appeal from Scott District Court. — Hon. J. W. Bollinger, Judge. Action brought for the appointment of a guardian for defendant, who is alleged to be of unsound mind. Defendant is seventy-five years of age, and the plaintiffs are his children. There was a jury trial, and a verdict finding defendant to be of unsound mind. On his motion, such verdict was set aside, and a new trial granted. The plaintiffs appeal.
1Opinion of the Court
Bishop, O. J.
The verdict of the jury was set aside simply for the reason that the same was not warranted by the evidence produced upon the trial. In passing upon the motion, the trial court took occasion to sum up the evidence, and what was then said has been preserved, and is incorporated in the record before us. Therefrom we quote: “The most favorable testimony for plaintiffs’ side shows that defendant was suspicious of his wife’s virtue; falsely accused her of undue intimacy with many men; was afraid she would poison him, or at least said he was; had a violent temper; was often guilty of…
2Cases cited4 opinions
- Emerick v. EmerickSupreme Court of Iowa · 1891
- Garretson v. HubbardSupreme Court of Iowa · 1899
- Seerley v. SaterSupreme Court of Iowa · 1886
- Harrison v. OtleySupreme Court of Iowa · 1897
3Cited by8 opinions
- Hagins v. Redevelopment Commission of GreensboroSupreme Court of North Carolina · 1969
- Olson v. OlsonSupreme Court of Iowa · 1951
- Wiechers v. PoolSupreme Court of Iowa · 1915
- Richardson v. RichardsonSupreme Court of Iowa · 1933
- McDermott v. RahelySupreme Court of Iowa · 1910
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