Legal Opinion

In re Misselwitz

Supreme Court of Pennsylvania

Decided October 5, 1896No. Appeal, No. 308PublishedCited by 5 opinions

Appeal, No. 308, Jan. T., 1896, by Matthias Sedlinger and C. Wesley Ruffell, from decree of C. P. No. 1, Phila. Co., Sept. T., 1895, No. 651, appointing a receiver pendente lite over the property of an alleged lunatic. Petition for the appointment of a receiver pendente lite..

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Appeal, No. 308, Jan. T., 1896, by Matthias Sedlinger and C. Wesley Ruffell, from decree of C. P. No. 1, Phila. Co., Sept. T., 1895, No. 651, appointing a receiver pendente lite over the property of an alleged lunatic. Petition for the appointment of a receiver pendente lite.. Before Bbégy, J. From the record it appeared that on November 9, 1895, Bertha Misselwitz, the wife of Oscar Misselwitz, presented her petition to the court of common pleas No. 1, for the county of Philadelphia, alleging that she was the wife of Oscar Misselwitz and that for five years last passed he had been so far…

1Opinion of the Court

Opinion by

Mr. Chief Justice Sterrett,

Assuming for purposes of this case that these appellants were the duly constituted attorneys in fact of the alleged lunatic, it *362does not follow that either they or their principal had any just reason to complain of the appointment of a receiver of his estate pending the inquiry as to his alleged lunacy, etc., or of the refusal of the court to vacate the decree. An examination of the record has convinced us that they had not. The regularity of the proceedings in lunacy, — including appointment of commissioner, order as to notice of the execution of the…

2Cases cited1 opinion

  1. Meurer v. MeurerSupreme Court of Pennsylvania · 1888

3Cited by5 opinions

  1. Owens AppealSuperior Court of Pennsylvania · 1950
  2. Chase v. ChaseIndiana Supreme Court · 1904
  3. Parke's CaseSuperior Court of Pennsylvania · 1910
  4. Gertison v. Hull, Pennsylvania Court of Common Pleas, Erie County1947
  5. Hilliard v. Sterlingworth Railway Supply Co.Supreme Court of Pennsylvania · 1908

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