Hassenplug's Appeal
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas of Union county: Of July Term, 1883, No. 98. Upon the petition of William H. Hassenplug, setting forth that G. H. Hassenplug, his brother, was a lunatic, the court ordered that a commission issue in the nature of a writ de lunático inquirendo. The return of the commission found the lunacy as averred. A traverse was filed, and the issue was tried before a jury, who found in favor of the defendant, and judgment was entered on the verdict.
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Appeal from the Court of Common Pleas of Union county: Of July Term, 1883, No. 98. Upon the petition of William H. Hassenplug, setting forth that G. H. Hassenplug, his brother, was a lunatic, the court ordered that a commission issue in the nature of a writ de lunático inquirendo. The return of the commission found the lunacy as averred. A traverse was filed, and the issue was tried before a jury, who found in favor of the defendant, and judgment was entered on the verdict. In the meantime a committee had been appointed, and various proceedings, by rules and attachments, &c., had been taken,…
1Opinion of the CourtJustice Trunkey
In Clark’s Case, 22 Pa. St., 466, it was said that in Penn*530sylvania the courts have the powers of a court of chancery in proceedings to determine whether or not a person is a lunatic, and may do justice in the disposition of costs. And that under the Act of 1849, P. L., 663, a decree may be made that either party shall pay all the costs, or that the parties interested shall paj^ the costs in such proportions as the justice of the case may require. There, after a jury before the commissioner .had disagreed, and before another jury had been called, an interlocutory decree was made that the…
2Cited by2 opinions
- Estate of EblingSupreme Court of Pennsylvania · 1890
- McCracken's CaseSuperior Court of Pennsylvania · 1911