157 Iowa 584 | Iowa | 1912
— The appointment of the temporary guardian for the defendant was made on plaintiff’s application without any trial or final determination of the question whether, in fact, the defendant was a resident of the county of Cherokee. in such sense as to authorize the appointment by the judge of a permanent guardian for him.
It is not contended for appellant that the judge has not the authority in vacation to entertain an application to set aside the appointment of a temporary guardian made by him on a preliminary ex parte showing.
Such a determination is not a trial of the case on the merits of the plaintiff’s petition for the appointment of a permanent guardian and the provisions of Code, section 3220, that either party may have a trial hy jury in such a case has evidently no reference to the appointment by the judge of a temporary guardian or his action in dissolving such temporary guardianship.
Treating the finding of the judge as an adjudication by the court on the question of its jurisdiction, it is sufficient to say that on affidavits presented on each side the judge may very well have found as a conclusion of fact that the defendant was at the time the proceeding was instituted not an inhabitant or resident of Cherokee county, but, on the other hand, that he was and had been for at least ten years an inhabitant and resident of Dubuque county. It appears without substantial controversy that about ten years before this proceeding- was instituted the defendant, a man without family, left Cherokee county, and went to Dubuque county, where he voluntarily became an inmate of St, Antony’s Home for the Aged under an arrangement by which he was to remain at said Home for life, paying $3 per week for his board. His competency to effect a change of residence and enter into such an arrangement is not questioned in this proceeding, and, so far as appears from the record, has never been questioned. Since becoming an inmate of the Home defendant has voted in Dubuque county' and remained in that county, save for
Tbe order discharging tbe temporary guardian is therefore — Affirmed.