Battle v. Vick, 15 N.C. 294, 4 Dev. 294 (1833)

Dec. 1833 · Supreme Court of North Carolina

15 N.C. 294, 4 Dev. 294

Joseph S. Battle v. Samuel W. W. Vick.

The appointment of guardian is a matter of discretion, the exercise of which cannot be revised hy this court.

This was a contest between the parties for the ap - pointment of guardian to an idiot. The County Court of Nash gave the appointment to the defendant, and the Superior Court at Spring term, 1832, DaNiel, Judge, presiding, affirmed this order and the defendant appealed to this court.

Badger for the plaintiff.

The Attorney-General and Devcreux, fob the defendant.

Gaston, Judge

after stating the case, proceeded as •follows:

"We are unable to see any error in law in this judgment of the Superior Court. The case was one which called for the exercise of a sound discretion in the Judge, and we have no reason to doubt but that it was exercised correctly. Matters which depend on discretion, must be principally regulated by the particular circumstances of each case, and it must be an extraordinary case indeed, in which a court like this whose powers are limited to the correction of errors in law can become so fully possessed of these circumstances as to enable it where there is no precise rule of Jaw, safely and wisely to revise the adjudication.

The order of the Superior Court must be affirmed.

Per Curiam — Judgment aeeirmeb.