86 Va. 763 | Va. | 1890
delivered the opinion of the court.
It appears from the record that the plaintiff in error, Elizabeth Harrison, is the widow of Thomas X. Harrison, of Madison county, Virginia, who died in the latter part of July or the
The plaintiff in error insists, that the circuit court of Madison county was without jurisdiction to try the question of Mrs. Harrison’s insanity; and hence, at that time and under the circumstances, had no power to appoint a committee; and that, therefore, the whole proceeding in the circuit court is void. "We think the contention is well taken. The power of the circuit courts extends only, concurrently with the county or corporation courts, to the appointment of committees, after a party has been duly declared insane, by three justices, or by a county or corporation court of the county or corporation of which such person is an inhabitant. In Virginia, until 1849, the question of insanity was determined only by three justices of the peace, and after their finding, the courts would appoint the committees. In chapter 85, Code 1849, it is enacted:
“ Section 40. If a person.be found to be insane by justices before whom he is examined, or in a court in which he is charged with crime, as aforesaid, the court of the county or corporation of which he is an inhabitant, shall appoint a committee of him.
“ Section 41. If a person residing in this state, not so found, be suspected to be insane, the court of the county or corporation of which such person is an inhabitant, shall, on the application of any person interested, proceed to examine into his state of mind, and being, satisfied that he is insane, shall appoint a committee of him.
“ Section 48. The circuit courts shall have concurrent jurisdiction with the county and corporation courts, respectively, in the appointment of committees.”
Even the county and corporation courts, possessing in general the jurisdiction both to decide the question of insanity and to appoint a committee, are limited to the decision of the question of insanity if the party be an inhabitant of another county or corporation. By the same section (1697) it is provided that if a person found to be insane * * * in a court in which he is charged with crime, as aforesaid, the court of the county or corporation of which he is an inhabitant shall appoint a committee of him.
The power to appoint the committee as well as to determine the) fact of insanity was given to the county and corporation courts iby the express terms of section 1698 of the Code of
The other errors assigned are, that the order ought not to have been entered, because Mrs. Harrison had no notice of the motion, and was not given time in which to summon ivitnesses and take other necessary steps for her defense; and because the court denied her demand for a jury, when the liberty of her person and the possession of her property was involved in the issue to be tried; and because the evidence adduced to prove her to be insane is totally and wholly insufficient, and because illegal evidence was admitted and considered by the judge on the trial of the motion.
But we need not consider or pass upon these assignments of error, however well taken, since we have disposed of the case upon the want of jurisdiction; and are of opinion that the judgment of the circuit court of Madison complained of, is wholly erroneous, and that the same must be reversed and annulled.
Judgment reversed.