A minor may have two guardians, one of its person and the other of its
property? Why? What is to hinder a guardian from abusing his trust?

DISTRICT, CIRCUIT OR SUPERIOR COURTS.

Jurisdiction.--This court has original jurisdiction in all civil and
criminal cases within the district which do not come within the
jurisdiction of the justice courts. It has appellate jurisdiction from
probate and justice courts as provided by law.

Procedure.--The proceedings are substantially the same as in a justice
court except that in criminal cases they are based upon an indictment by
the grand jury, and after the arguments the judge "charges" the jury, that
is, instructs it regarding its duty.

Pleadings.--The pleadings in the district court are somewhat more
elaborate than in a justice court, and a few words in regard to them
further than what has already been given may not be out of place here.

The defendant in making his plea may raise a question as to the
jurisdiction of the court, or he may ask that the case be thrown out of
court on account of some irregularity of the writ upon which it is based.
Since these pleas, if successful, simply delay the trial, because a new
suit may afterwards be brought, they are called _dilatory pleas_.

But he may deny the plaintiff's ground of action by denying the
allegations of the plaintiff and challenging him to trial. This plea is
called the general issue. He may admit the plaintiff's allegations but
plead other facts "to avoid their effect." This is called the plea of
confession and avoidance. These pleas are on the merits of the case, and
are called _pleas in bar_. There are other pleas of this kind.

"Pleas in bar, except the general issue, may give rise to counter pleas"
introduced by the parties alternately.

But the issue may be one of law instead of fact, and the defendant may
enter a _demurrer_, claiming that the matters alleged are not sufficient
in law to sustain the action.

Evidence.--Some of the fundamental principles or rules which govern the
taking of evidence and the weighing of testimony may properly appear here.
These rules are designed to exclude all irrelevant matter and to secure
the best proof that can be had.

1. _Witnesses must be competent_. That is, in general, they must be able
to understand the nature and solemnity of an oath. This will usually
exclude children below a certain age, insane persons and persons drunk at
the time of offering testimony.