In re Weaver
Supreme Court of Pennsylvania
No. 249 January Term 1887, Sup. Ct.; court below, No. 749 September Term, 1885, C. P. This ease arose in the court below on a petition filed October 15, 1885, by Samuel H. Warner, for a commission in the nature of a writ de lunático inquirendo to inquire into the alleged lunacy of Dr. Martin Weaver. Mr. Wm. P. Swope, who was first appointed commissioner, having resigned, Mr. Hampton L. Carson was appointed in his stead.
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No. 249 January Term 1887, Sup. Ct.; court below, No. 749 September Term, 1885, C. P. This ease arose in the court below on a petition filed October 15, 1885, by Samuel H. Warner, for a commission in the nature of a writ de lunático inquirendo to inquire into the alleged lunacy of Dr. Martin Weaver. Mr. Wm. P. Swope, who was first appointed commissioner, having resigned, Mr. Hampton L. Carson was appointed in his stead. A jury was summoned, notices given and a number of meetings held, attended by the petitioner, the respondent in person, and by counsel on both sides. The jury by their…
1Opinion of the Court
Opinion,
Mr. Justice Green:
It is perhaps singular that there is such a dearth of authority upon the question whether it is within the power of the Court of Common Pleas to set aside an inquisition of lunacy, finding the fact of lunacy in a proceeding de lunático inquirendo, upon the ground that the evidence is insufficient to sustain' the finding. We have not been referred to a single case by the counsel on either side, in which this direct question has been either considered or decided.
In Pennsylvania the absence of authority is doubtless due to the fact that the uniform practice has been to…
2Cited by5 opinions
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- Meurer v. MeurerSupreme Court of Pennsylvania · 1888
- Commonwealth v. ReevesSupreme Court of Pennsylvania · 1891
- Bullitt's AppealSupreme Court of Pennsylvania · 1913
- Commonwealth v. HarroldSupreme Court of Pennsylvania · 1902