Johnston v. Given

Decided April 20, 1885

Supreme Court of Pennsylvania · decided 1885-04-20

3, of Philadelphia County, No. 25 July Term, 1884. This was an action of trespass on the case brought by Amelia G. Johnston against Bobert A. Given, J. M. Gemmill, Paul Graff and Bebecea I. V. Graff, for conspiracy and causing plaintiff to be placed in a lunatic asylum. Lunacy proceedings were instituted July 25, 1863; inquisition was taken .and report filed August 8th, 1868, and confirmed August 15th, 1868.

Decided 1885-04-20

¶1The Supreme Court affirmed the judgment of the Common. Pleas on April 20th, 1885, in the following opinion;

Per Curiam.

¶2There was no error in rejecting the evidence. It was insufficient to remove the effect of the inquest. The averment of record by the plaintiff that she was restored to a sound state*, of mind impliedly admits that it was unsound when so found! by the inquest. Hence, instead of impeaching the correctness of the finding of lunacy, the effect was to confirm it. Due force must therefore be given to the inquest. It protects the* action of the defendants taken under it, and exempts them from liability in this action.

¶3Judgment affirmed.