Gray v. Parke

Citation162 Mass. 582,39 N.E. 191
PartiesGRAY v. PARKE.
Decision Date03 January 1895
CourtUnited States State Supreme Judicial Court of Massachusetts
COUNSEL

J.G. Holt and D.O. Allen, for plaintiff.

C. Sampson, for defendant.

OPINION

HOLMES, J.

The guardian of an insane person has the management of all that person's estate. Pub.St. c. 139, § 11. Management means "control," as that word is used in St.1890, c. 410. A stranger who enters the ward's dwelling house against the direct prohibition of the guardian is liable to the fine imposed by the last-mentioned act. The defendant directly forbade the plaintiff to enter his ward's dwelling house, and she entered in spite of his order. Therefore, so far as appears, if the complaint against her had been tried, she must have been found guilty. The defendant not only had probable cause for making the complaint, but had a good case. The plaintiff asked to go to the jury on the question whether the prohibition was reasonable and in good faith. On the evidence, we suppose this means that the plaintiff wished to argue that the defendant's interest was to keep her from seeing his ward for some self-seeking motive, the ward being an invalid, and confined to her room. But there was no evidence that the defendant restrained his ward's person, and his power over the house was not dependent upon or affected by any motive for exercising it of which there is evidence.

Exceptions overruled.

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2 cases
  • Neilson v. Alberty
    • United States
    • Supreme Court of Oklahoma
    • 7 janvier 1913
    ......The words "manage" and. "control" are synonymous. Youngworth v. Jewell, 15 Nev. 45; Ure v. Ure, 185 Ill. 216,. 56 N.E. 1087; Gray v. Parke, 162 Mass. 582, 39 N.E. 191. To manage, or to control, does not confer upon one thus. invested with authority the right to sell. Blanton ......
  • Southern Ry. Co. v. Flynt
    • United States
    • Supreme Court of Alabama
    • 15 mai 1919
    ...... to impose upon defendant the duty of keeping the crossing in. repair. "Control" is a synonym of. "management." Gray v. Parke, 162 Mass. 582, 39 N.E. 191; Youngworth v. Jewell, 15 Nev. 45, 48; B.R.,. L. & P. Co. v. Milbrat, 78 So. 224, 228; 2 W. & P. 1549. ......

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