In re Garis

Citations

• 185 Pa. 497
• 42 W.N.C. 130
• 39 A. 1110
• 1898 Pa. LEXIS 742

Syllabus

<p>Attachments — Contempt—Lunacy.</p> <p>An attachment is never issued against a party or a witness unless he is shown to be in contempt o£ the court. He can only be in contempt by disobeying some process or order of court previously served upon him.</p> <p>It is improper to issue an attachment for contempt against a person who has failed to deliver the property of a lunatic to the lunatic’s committee, where if appears that no rule or order was ever issued or served upon him prior to the rule for attachment ; and a written request by the committee of the lunatic, or a mere remark of the court at the hearing of the rule for the attachment that the property must be delivered, is not sufficient to support the attachment.</p> <p>Lunacy — Proceedings in forma pauperis — Costs.</p> <p>The court may appoint a commissioner in lunacy at the expense of the estate of the lunatic, although the petition for the inquisition has been in forma pauperis.</p> <p>The court may order that the committee of a lunatic pay the expenses of the lunacy proceedings, without notice to the person who filed the petition for an inquisition.</p>