Pihs's Lunacy

Citations

• 50 Pa. Super. 51
• 1912 Pa. Super. LEXIS 5

Syllabus

<p>Lunacy — Commitment to insane hospital — Refusal of order — Record— Certiorari — Appeal.</p> <p>1. On an appeal from an order refusing to commit a person to a state hospital for the insane at the charge of a particular county, the appellate court can review nothing but the record. An ex parte affidavit filed in the clerk’s office of the court below after the date of the final order, cannot be considered.</p> <p>2. Where a petition to commit a person to a state hospital for the insane at the charge of a particular county, does not allege, and the record does not show, that notice of the application was given to the county authorities, or that they were cited to appear and answer, the facts alleged in the petition as to the insanity of the alleged lunatic, or as to her residence, are not to be taken as admitted. The court is not bound to make the order without proof to its satisfaction of the necessary jurisdictional facts, and if it refuses the order on such a condition of the record, the appellate court will presume that the lower court in so acting was impelled by a legal reason. It is not essential to the affirmance of its action that that reason appear of record.</p>