143 Minn. 234 | Minn. | 1919
This is an action for assault. Plaintiff had a verdict. Defendant appeals. Two questions are raised. The first contention is that the evi
Our statutes, G. S. 1913, § 7433, authorize the appointment of a ' guardian of any person who, by reason of old age, loss or imperfection of mental faculties, is incompetent to have the management of his property. This court has held in substance that a judgment or order in proceedings for the appointment of a guardian of an incompetent person, taking from him the management of his property, is not conclusive evidence of his incapacity to make a' will. McAllister v. Rowland, 124 Minn. 27, 144 N. W. 412, Ann. Cas. 1915B, 1006. See also Woodville v. Morrill, 130 Minn. 92, 153 N. W. 131. The purpose of the inquiry in the proceeding for the appointment of a guardian is to determine capacity to manage property and transact business. The determination is in no sense a determination of the question of mental inability to commit a wilful or malicious assault. The order in the guardianship proceeding was evidence to be considered by the jury as bearing upon defendant’s abil
Order affirmed.