Morey's Appeal

Supreme Court of New Hampshire

Morey's Appeal

57 N.H. 54, 1876 N.H. LEXIS 52

Supreme Court of New Hampshire·Decided March 22, 1876·Published

Opinion

Cushing, C. J.

The petition assigned as a reason for the appointment of a guardian, that the appellant was a spendthrift; but the auditor reports that no evidence was offered tending to show that the appellant was a spendthrift, within the statutory meaning of the term. Whether the facts offered to be proved would under any other form of petition justify the appointment of a guardian, need not be considered. It is sufficient for the purposes of this case that the evidence did not tend to sustain the petition, and therefore the decree must be reversed.

Ladd and Smith, JJ., concurred.

Decree of probate court reversed.

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Cushing, C. J.

The petition assigned as a reason for the appointment of a guardian, that the appellant was a spendthrift; but the auditor reports that no evidence was offered tending to show that the appellant was a spendthrift, within the statutory meaning of the term. Whether the facts offered to be proved would under any other form of petition justify the appointment of a guardian, need not be considered. It is sufficient for the purposes of this case that the evidence did not tend to sustain the petition, and therefore the decree must be reversed.

Ladd and Smith, JJ., concurred.

Decree of probate court reversed.

Morey's Appeal, 57 N.H. 54, 1876 N.H. LEXIS 52 (N.H. 1876).

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