Caple v. Drew
Citations
- 70 Kan. 136
- 78 P. 427
- 1904 Kan. LEXIS 17
Syllabus
<p>SYLLABUS BY THE COURT.</p> <p>1. Parties — Allegation of Authority. An averment in a petition that a guardian was appointed is put in issue by a verified answer denying generally the averments of the petition, where the affiant states that the denials, or contents of the answer, are true.</p> <p>2. - Case Distinguished. The case of Kimble v. Bunny, 61 Kan. 665, 60 Pac. 746, distinguished.</p> <p>3. Practice, Probate Court —Insane Person — Appointment of Guardian Unauthorized. A finding of a jury in an inquest that the subject of the inquiry is feeble in mind, incapable of managing business affairs, and a typical imbecile, is not a finding of insanity within the statutory meaning of the term and furnishes the probate court no authority to appoint a guardian for such feeble-minded person, and consequently gives the guardian no right to maintain an action in his behalf.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- failure of the insured to sue within six months was not waived
- failure of the insured to sue within six months was not waived
- accident and sick benefit policy; six-month limitation
- accident and sick benefit policy; six-month limitation
- accident and sick benefit policy; six-month limitation
- accident and sick benefit policy; six-month limitation
Source: CourtListener parenthetical corpus (CC0).
Judges: Johnston
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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