Legal Opinion

Burke v. Wheaton

U.S. Circuit Court for the District of District of Columbia

Decided October 15, 1828PublishedCited by 4 opinions

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

  1. Wakefield v. Orient Insurance Co. of HartfordWisconsin Supreme Court · 1880
  2. Coker v. GaySupreme Court of Georgia · 1922
  3. Morrison v. BedellSuperior Court of New Hampshire · 1850
  4. Davidson v. Mo. Pac. R'y Co.Court of Appeals of Texas · 1886

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