Mitchell v. Spaulding
Supreme Court of Pennsylvania
Appeal, No. 205, Jan. T., 1902, by defendant, from decree of Superior Court, Jan. T., 1902, No. 41, reversing judgment of C. P. Bradford Co., Feb. T., 1899, No. 177, non obstante veredicto in case of Charles W. Mitchell v. Allen A. Spaulding. Appeal from Superior Court. The facts appear by the opinion of the Supreme Court and by the report of 20 Pa. Superior Ct. 296. Error assigned was the decree of the Superior Court.
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
The title of appellant rests upon proceedings by which the property of a man, not only living but present and contesting the right to interfere with him, was taken away from him without even a hearing. Such a title challenges close scrutiny.
It is true that the condition of one non compos mentis demands for his own sake that the judgment of others be substituted for his, and the law must provide even for the ease of a prima facie appearance of lunacy. This the statute has done with great care and regard for the rights involved, and every requirement intended for…
2Cases cited2 opinions
- Swain v. Fidelity Insurance, Trust & Safe Deposit Co.Supreme Court of Pennsylvania · 1867
- Bennett v. Hayden, Pennsylvania Court of Common Pleas, Westmoreland County1892
3Cited by17 opinions
- Hollinger v. HollingerSupreme Court of Pennsylvania · 1965
- Hamilton v. MooreSupreme Court of Pennsylvania · 1939
- McFarland EstateSupreme Court of Pennsylvania · 1954
- Frederick EstateSuperior Court of Pennsylvania · 1944
- Manning v. BaylinsonSuperior Court of Pennsylvania · 1917
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