McCammon v. Cunningham

• Decision Date: 17 December 1886
• Docket Number: 12,894
• Citation: 9 N.E. 455,108 Ind. 545
• Parties: McCammon v. Cunningham
• Court: Indiana Supreme Court

9 N.E. 455

108 Ind. 545

McCammon v. Cunningham

No. 12,894

Supreme Court of Indiana

December 17, 1886

From the Montgomery Circuit Court.

The judgment is affirmed, with costs.

T. E Ballard and M. E. Clodfelter, for appellant.

M. D White and W. S. Moffett, for appellee.

OPINION

Mitchell, J.

The appellant instituted this proceeding under section 2545, R S. 1881, to the end that it might be adjudged that the appellee was a person of unsound mind, and incapable of managing his own estate, and having in view further the appointment of a guardian to take the custody of the appellee's person, and the management of his estate.

Upon an issue made as the statute directs, a jury, after hearing the evidence and instructions of the court, returned as their verdict, "that the defendant, James Cunningham, is a person of sound mind and capable of managing his own estate."

It is now claimed that the verdict of the jury is contrary to the weight of the evidence, and that the conclusion reached resulted from the refusal of the court to instruct the jury properly as to the degree of mental unsoundness, which would have warranted a finding contrary to that returned.

The appellant at the proper time requested the court to instruct the jury, in substance, that the phrase "of unsound mind" as used in the statute did not necessarily imply insanity; that insanity is a stronger term and implies a greater degree of mental infirmity than is implied in the phrase "of unsound mind;" that the mental condition implied by the latter phrase meant any unsound state of mind whether arising from sickness, disease, the infirmity of age or other like causes, which incapacitates a person from transacting his own business. This instruction was refused. As pertinent to the same subject, the court, upon its own motion, gave to the jury the statutory definition of the words "person of unsound mind." Section 2544, R. S. 1881. In the same connection the jury were further told, in substance, that one might be in a condition of mental weakness or feebleness, resulting from disease or old age, and yet not be a person of unsound mind. The jury were further instructed, substantially, that the mental unsoundness which would justify them in finding against the defendant, must be of such a character as to render him incapable of managing his own estate, and that if upon all the evidence in the case, they should find that the defendant was...