120 Iowa 396 | Iowa | 1903
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 barbarous treatment towards his children and invalid wife; exposed his person to two or three respectable ladies; had illegitimate
Section 3219 of the Code authorizes the appointment of a guardian for a person of unsound mind, satisfáctory
It does not appear that defendant'in this case is now ■actively engaged in any business. He owns considerable real estate, which is rented, and the remainder of his property is well and safely invested. As to this there seems to be no controversy.
The contentions of plaintiffs may be resolved into two: First, that, owing to his temperament of mind,, and that he is a sexual pervert, it is probable that he may at any
The second proposition advanced by counsel for appellants is wholly untenable. A guardianship would be no protection.as against the consequences of willful wrongs
Such were the considerations, arising from the evidence found in the record, that prompted the trial court to refuse the appointment of a guardian upon the coming in of a verdict of the jury, and in accordance with the fact as found by such verdict. As to all the facts in the case, and as to the conclusions to be drawn therefrom in many respects, the trial court was in much better position to-determine whether the verdict was warranted by the proof made, than we are. Taking the record as we find it, we-cannot say that the refusal to appoint a guardian, andi ordering a new trial, amounted to such an abuse of discretion as to demand at our hands an interference therewith. The order granting a new trial is accordingly AEEIRMED.