Plympton v. Hall
Supreme Court of Minnesota
Appeal by defendant, Israel W. Cone, one of the defendants, from an order of the District Court of Hennepin County, Henry G. Hicks, J., made December 1, 1892, denying his motion to dismiss the action. On June 9, 1891, Andrew S. Keyes presented his petition in the District Court, stating that George F. Plympton of Massachusetts was of unsound mind and had there been adjudged a lunatic and had no general or testamentary guardian in this state.
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Appeal by defendant, Israel W. Cone, one of the defendants, from an order of the District Court of Hennepin County, Henry G. Hicks, J., made December 1, 1892, denying his motion to dismiss the action. On June 9, 1891, Andrew S. Keyes presented his petition in the District Court, stating that George F. Plympton of Massachusetts was of unsound mind and had there been adjudged a lunatic and had no general or testamentary guardian in this state. That he owned and was entitled to the possession of lot six (6) in block (20) in St. Anthony, now in the City of Minneapolis. That Israel W„ Cone,…
1Opinion of the CourtVandeRBURGh, J.
In this case the plaintiff, an alleged lunatic, appears and sues by guardian ad litem. This appearance by guardian is under the sanction and direction of the court which appointed, as such guardian, on the proper application, a person represented to be the next friend of the lunatic.
Persons incompetent to protect themselves, from age or weakness of mind, are entitled to come under the protection of the court, and proceedings will be instituted under its direction, as was done in this case. Malin v. Malin, 2 Johns. Ch. 238; Denny v. Denny, 8 Allen, 313.
A lunatic is not supposed to be able,…
2Cases cited3 opinions
- Whetstone v. Whetstone's Ex'rsSupreme Court of Alabama · 1883
- Malin v. MalinNew York Court of Chancery · 1816
- Plympton v. HallSupreme Court of Minnesota · 1893
3Cited by10 opinions
- Isle v. CranbyIllinois Supreme Court · 1902
- Schultz v. OldenburgSupreme Court of Minnesota · 1938
- Peters v. TownsendSupreme Court of Arkansas · 1910
- Reese Howell Co. v. BrownUtah Supreme Court · 1916
- Cummings v. PattersonCourt of Appeals of Tennessee · 1964
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