Commonwealth v. Baum

Citations

• 250 Pa. 469
• 95 A. 662
• 1915 Pa. LEXIS 972

Syllabus

<p>Practice, C. P. — Lunatics—Expenses for maintenance incurred by Commonwealth — Act of April 9, 18¡fi, P. L. 588 — Exemption— Case stated — Petition.</p> <p>Where the validity of a claim of the Commonwealth for expenditures for the maintenance of a lunatic is not disputed by the lunatic’s committee, but where he alleges that the estate of the lunatic is less than $300 and is therefore entitled to the exemption allowed by the Act of April 9, 1849, P. L. 533, exempting property to the value of $300 from levy and sale on execution, the entry of judgment for defendant on a ease stated to determine whether the lunatic’s estate is liable for the Commonwealth’s claim is irregular. The Commonwealth is entitled to judgment; the proper method of determining its right to the fund is by petition for an order on the committee to pay over what he has in his hands.</p>