In re Weaver

Citations

• 116 Pa. 225
• 9 A. 323
• 1887 Pa. LEXIS 384

Syllabus

<p>1. The testimony taken before an inquest de lunático inquirendo is no part of the record, there being no provision for its reduction to writing, nor for bills of exception to bring it on the record for review.</p> <p>2. The court of Common Pleas has no power to set aside an inquisition finding the fact of lunacy in a proceeding de lunático inquirendo, upon the ground that the evidence is insufficient to sustain the finding.</p> <p>3. In proceedings upon a commission de lunático inquirendo, the commissioner has no power to participate in, and his opinion can in no way affect the finding.</p> <p>4. Where the court of Common Pleas set aside an inquisition finding the fact of lunacy in a proceeding de lunático inquirendo upon the ground that the evidence was insufficient to sustain such finding, it was error to impose the costs of the proceeding upon the petitioner.</p>