Sorter v. Austen

An inquisition of lunacy under the statute is a proceeding sui generis, partaking of the nature of a civil action, and is an adversary proceeding. 32 C. J. 627, § 164; 14 R. C. L. 560, § 11.

But such a proceeding is not a suit within the meaning of section 7222 of the Code of 1923, which requires a party filing a new suit after a dismissal or nonsuit, to pay the costs of the former suit. Hinton v. Brewer, 129 Ga. 232, 58 S. E. 708; 32 C. J. 627-8, § 164.

The statute, Code 1923, § 8107, regulating the impaneling of the jury in such inquisition proceedings, provides that, “if any of the jurors…