Bullitt's Appeal

Citations

• 242 Pa. 294
• 89 A. 86
• 1913 Pa. LEXIS 879

Syllabus

<p>. Lunacy — Commission in lunacy — Finding of sanity — Dismissal of proceedings — Act of June 10, 1897, P. L. 188 — Traverse of finding.</p> <p>1. Where in proceedings de lunático inquirendo the finding of the inquest is in favor of the respondent’s sanity, the petitioners for the commission cannot file exceptions to the testimony for the purpose of having the proceedings dismissed, but must either traverse the finding and go before a jury in the Common Pleas, or permit the return of the commission to become absolutely confirmed.</p> <p>2. The Act of June 10, 1897, P.'L. 138, which provides that “All testimony hereafter taken before sheriff’s juries in inquisitions of lunacy shall be taken and filed by the commissioners as part of their reports; and the courts of this Commonwealth, issuing said commissiotis, shall examine the said testimony attached to the commissioners’ reports whenever exceptions thereto have been filed, and dismiss all the proceedings thereunder whenever sufficient exceptions thereto are sustained,” was intended to enable the Court of Common Pleas to determine, upon a review of the testimony before the inquisition, whether there was evidence to sustain a finding of lunacy; and not to give to the petitioner for a commission the right to file exceptions for the purpose of enabling him to quash his own proceedings, where the finding is against lunacy. In the latter case proceedings come to an end automatically, unless the finding us traversed by the- petitioner for the commission. ,</p>