Opinion
(December Term, 1833.)
The appointment of guardian is a matter of discretion, the exercise of which cannot be revised by this Court.
This was a contest between the parties for the appointment 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, J., presiding, affirmed this order and the defendant appealed to this Court.
Badger for the plaintiff.
The Attorney-General and Devereux for the defendant.
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 law, safely and wisely to revise the adjudication.
PER CURIAM. Judgment affirmed.
(295)