Legal Opinion

Commonwealth ex rel. Euchenberg v. Schneider

Supreme Court of Pennsylvania

Decided October 31, 1868PublishedCited by 5 opinions

- Error to the Court of Common Pleas of Indiana county: No. 154, to October and November Term 1868. In the court below proeeedings were commenced October 16th 1867, by the Commonwealth at the relation of Augustus Euchenberg, to inquire -whether Elizabeth Schneider was a lunatic, &c. On the 21st of March 1868 the inquisition finding the respondent a lunatic was confirmed by the court. The respondent traversed the finding.

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- Error to the Court of Common Pleas of Indiana county: No. 154, to October and November Term 1868. In the court below proeeedings were commenced October 16th 1867, by the Commonwealth at the relation of Augustus Euchenberg, to inquire -whether Elizabeth Schneider was a lunatic, &c. On the 21st of March 1868 the inquisition finding the respondent a lunatic was confirmed by the court. The respondent traversed the finding. On the trial of the traverse, the court (Buffington, P. J.), amongst other things, charged:— “While mind or intellect exists, however weak or feeble it may be, the persons…

1Opinion of the Court

*330The opinion of the court was delivered, January 4th 1869, by

Thompson, C. J.

That state of unsoundness of mind which incapacitates a person to take care of his or her person or estate or business, is a condition which, under our Act of Assembly relating to “ lunatics and habitual drunkards,” subjects the person to a commission of lunacy, and if so found by the inquest, to the restraint of a committee. The true and practical test under the proceeding is this. Utter and unmitigated madness, or absolute and hopeless idiocy, resulting from cerebral injury or disease, or want of intellect from…

2Cases cited2 opinions

  1. M'Elroy's CaseSupreme Court of Pennsylvania · 1843
  2. In re BeaumontSupreme Court of Pennsylvania · 1836

3Cited by5 opinions

  1. Fish v. DeaverSupreme Court of Oklahoma · 1918
  2. Haggerty v. HaggertySuperior Court of Pennsylvania · 1910
  3. In Re: WoodWest Virginia Supreme Court · 1941
  4. McGuigan EstateSupreme Court of Pennsylvania · 1944
  5. SmithSuperior Court of Pennsylvania · 1900

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