Baum v. Greenwald

Citations

• 95 Miss. 765
• 49 So. 836

Syllabus

<p>1. Lunatics and Lunacy. Inquisitions. Jurisdiction. Statutory proceedings. Parties. Code 1906, § 3219.</p> <p>A proceeding under Code 1906, § 3219, giving the chancery court jurisdiction of writs of lunacy to be exercised at any time — in vacation by the clerk subject to the approval of the court — is. one:—</p> <p>(a) Whereby dangerous or indigent lunatics may be confined in an asylum, or if need be temporarily in jail, for protection of themselves, or for the safety of others; and</p> <p>(5) May be instituted by any relative of the alleged lunatic or, in case they fail to act in the premises, by any citizen; and</p> <p>(c) The jury may order, the defendant'confined if the evidence strongly tends to show that he is subject to criminal and dangerous tendencies, although it be doubtful whether he be sane or insane.</p> <p>2. Same. Same. Guardianship. Evidence. Costs. Code 1906, § 2430.</p> <p>A proceeding under Code. 1906, § 2430, authorizing the chancery court to appoint a guardian to insane persons:—</p> <p>(as) Can be initiated only by some person interested, either as a public officer or as a relative or friend of the alleged lunatic; and</p> <p>(5) May be begun either before the chancery court or the cleric in vacation; and</p> <p>(c) If begun beforé the clerk the jury must report its findings to him, he must enter a decree in accordance therewith and make due return to the court at its next term for approval or disapproval, and he is without power to vacate the verdict or grant a new trial; and</p> <p>{d). It is unnecessary for the clerk to have the testimony reduced to writing, but if the same be done, it becomes a part of the proceeding and may be considered by the court on an application to approve; and</p> <p>(e) Where the evidence is not preserved and no objection is made to the confirmation of the proceedings before the clerk approval by the court will follow on motion as a matter of course, but if objection be made the court must examine all that was