Newton, Ap't v. Janvrin

Doe, C. J. The statute (G. L., a. 185) did not authorize the appointment of the defendant unless there was occasion for the removal of the minor’s natural guardian. Whether there was occasion for the appointment of a guardian in place of the plaintiff is a question of fact to be determined by the court upon all the competent evidence, and not upon the minor’s election alone. Case discharged. Carpenter, J., did not sit: the others concurred.