Clark's Case
Supreme Court of Pennsylvania
Certiorari to the Common Pleas, Philadelphia, in the matter of Lewis Clark. A commission of lunacy was sued out on 8d October, 1850, against Lewis Clark. It was alleged, on the paper-book, that, owing to the absence of two of the jurors, the jury, on the application of the petitioners, was discharged on the 28th January, 1851, and a new jury was summoned.
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Certiorari to the Common Pleas, Philadelphia, in the matter of Lewis Clark. A commission of lunacy was sued out on 8d October, 1850, against Lewis Clark. It was alleged, on the paper-book, that, owing to the absence of two of the jurors, the jury, on the application of the petitioners, was discharged on the 28th January, 1851, and a new jury was summoned. On 22d Pebruary, 1851, an application, on behalf of'the said Lewis Clark, was made to the Court to vacate the order of 28th January. The Court refused to do so, and the ease was proceeded in before the new jury. On 29th May, 1851, the…
1Opinion of the Court
The opinion of the Court was delivered by
Lewis, J.
In England the general rule has been to allow the costs of a commission of lunacy out of the estate, if the lunacy be *469established: 1 Collinson on Lun. 461. And, notwithstanding what is said in Ex parte Wright, 2 Fes. Sen. 25,- it is laid down by Mr. Oollinson'that even the next of kin who attend to propose committees, or to the passing of the accounts, are now allowed their costs as a matter of course. This is upon the ground that the whole proceeding is for the benefit of the non compos, and justice therefore requires that the costs should be…
2Cited by5 opinions
- Estate of EblingSupreme Court of Pennsylvania · 1890
- Estate of TarrSuperior Court of Pennsylvania · 1899
- McCracken's CaseSuperior Court of Pennsylvania · 1911
- Forred v. Forred, Pennsylvania Court of Common Pleas, Berks County1949
- Komarnicki's Case, Pennsylvania Court of Common Pleas, Columbia County1923