Commonwealth v. Davidson
Supreme Court of Pennsylvania
Appeal, No. 113, Oct. T., 1920, by plaintiff, from order of O. P. Allegheny Co., Jan. T., 1920, No. 260, making absolute rule to quash traverse, in case of Commonwealth ex rel. Catherine Hibbert v. Eleanor H. Davidson, an alleged lunatic. Rule to quash traverse. The court, in an opinion by Drew, J., quashed the traverse. Plaintiff appealed. Error assigned was above order, quoting it.
1Opinion of the Court
Opinion by
Mr. Justice Kephart,
Catherine Hibbert, mother of Eleanor H. Davidson, instituted a proceeding to inquire into her daughter’s mental condition.- The latter, some years before, had been adjudged weak-minded by the court and a guardian appointed to take care of her and the estate. The inquest found that Eleanor Davidson, “at the time of taking the inquisition, was not a lunatic.” The mother traversed the finding and the guardian asked to intervene to contest the traverse, assigning as reasons that the mother was not a party aggrieved and traverse would not lie unless the respondent had…
2Cases cited5 opinions
- M'Elroy's CaseSupreme Court of Pennsylvania · 1843
- Wolf's CaseSupreme Court of Pennsylvania · 1900
- Commonwealth v. PitcairnSupreme Court of Pennsylvania · 1903
- Haggerty v. HaggertySuperior Court of Pennsylvania · 1910
- Bullitt's AppealSupreme Court of Pennsylvania · 1913
3Cited by1 opinion
- Refior CaseSuperior Court of Pennsylvania · 1946