In re Misselwitz

Citations

• 177 Pa. 359
• 35 A. 722
• 1896 Pa. LEXIS 990

Syllabus

<p>Lunacy — Appointment of receiver pendente lite — Discretion of court —Review.</p> <p>The main purpose of a commission tie lunático inquirendo is to determine in the first place whether the subject of the inquiry is a lunatic or not, and, if he is found to be a lunatic, then to provide for the sale guarding of both his person and his property. Pending the inquiry, it sometimes becomes necessary to make temporary provision for the custody and safekeeping of one or both. The appointment of such temporary custodian or receiver pendente lite to prevent mismanagement or waste of the alleged lunatic’s property, etc., rests in the sound discretion of the court in which the inquiry is pending; and it requires a clear case of abuse of that discretion to justify the interposition of an appellate court.</p> <p>Appeals — Jurisdiction of Supreme and Superior Gourt — Limit as to amount — Evidence—Practice, G. P.</p> <p>Where there is nothing on the record to showwhether the value of “ the property really in controversy ” is greater or less that $1,000, evidence should be presented to the lower court so that a proper certificate may be made to determine the jurisdiction of the appellate court.</p>