Burke v. Wheaton
U.S. Circuit Court for the District of District of Columbia
This was a petition to the Court to appoint a committee of the estate of Major Wheaton, who was found lunatic in Baltimore ; there being property in this county. t The Court will take notice of the proceedings of a foreign court finding a party lunatic. Ex parte Otto Lewis, 1 Ves. Sen. 298. In Ex parte Gillatn, 2 Ves., Jr. 587, the Solicitor-General said, “ For he had been found lunatic by a competent jurisdiction in the country in which he was.
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This was a petition to the Court to appoint a committee of the estate of Major Wheaton, who was found lunatic in Baltimore ; there being property in this county. t The Court will take notice of the proceedings of a foreign court finding a party lunatic. Ex parte Otto Lewis, 1 Ves. Sen. 298. In Ex parte Gillatn, 2 Ves., Jr. 587, the Solicitor-General said, “ For he had been found lunatic by a competent jurisdiction in the country in which he was. Lord Thurlow thought that a sufficient ground to consider him a lunatic; the country, which is alone the judge, having found him so.” “ Lord…
1Opinion of the Court
The CouRT (ThRüston, J., absent,) appointed Dr. Laurie, committee. The Act of Maryland, 1785, c. 72, § 6, authorizes the Chancellor to superintend the affairs of lunatics, and to appoint a committee, &c., but does not direct the mode of ascertaining who are lunatics. This must be done by a writ in the nature of a writ de lunático inquirendo, which issues by order of the Court upon affidavit.
2Cited by4 opinions
- Wakefield v. Orient Insurance Co. of HartfordWisconsin Supreme Court · 1880
- Coker v. GaySupreme Court of Georgia · 1922
- Morrison v. BedellSuperior Court of New Hampshire · 1850
- Davidson v. Mo. Pac. R'y Co.Court of Appeals of Texas · 1886