Sandell

Action for the malicious prosecution of an application in the superior court to have a guardian appointed of the estate of Catherine Sandell, the female plaintiff.

Defendants had a verdict and judgment, from which judgment and from an order denying their motion for a new trial plaintiffs appeal.

The first error assigned by appellant is based upon an alleged abuse of discretion by the court at the trial in excusing Margaret C. Broeder from further testifying *393 while under cross-examination and before the same was completed.

Mrs. Broeder, the witness, was one of the defendants in the case, and a daughter of Mrs. Sandell, the female plaintiff. She had testified at length to the effect that her mother, the plaintiff, had long been in feeble health, and weak in body and mind; that at the age of seventy years she had married Sandell, the other plaintiff, who was a young man; she then detailed the troubles that followed, the conveyance of property by her mother to her husband, and as to her belief in the incapacity of her mother to manage her property, and her statements to counsel of the facts and the advice of the latter to apply for a guardian over her mother’s property, which…