Opinion
11-05-1921
Ex parte STREEPER.
Powell K. Martin and Wescott & Weaver, all of Camden, for petitioner. John Boyd Avis, of Woodbury, for respondent.
(Syllabus by the Court.)
Howard F. Streeper was found insane by lunacy commission and confined in an insane hospital, and he filed a petition, reciting habeas corpus proceedings in which he secured his release and moves for an order discharging the guardian. Motion denied.
See, also, 114 Atl. 400, 115 Atl. 582.
Powell K. Martin and Wescott & Weaver, all of Camden, for petitioner.
John Boyd Avis, of Woodbury, for respondent.
BUCHANAN, V. C. The facts pertinent upon this motion are set forth in the memorandum filed in the habeas corpus case (In re Streeper, 115 Atl. 582) on motion for entry of special decree on remittitur. Petition has now been filed in the lunacy commission proceedings, reciting the habeas corpus proceedings and the findings and decree therein,and motion is made upon the filing of such petition, for an order discharging the guardian. Such motion must of course be denied.
As pointed out in the memorandum aforesaid in the habeas corpus case, a finding or adjudication that an insane person is no longer sufficiently insane to justify his confinement in an institution is in no wise a finding that he is sufficiently restored to reason to render a guardian no longer necessary. It is not res adjudicata on the issue involved in an application to supersede the inquisition.
The course which must be pursued to reach the end desired by petitioner is by application to supersede the inquisition. In re Hannah, 76 N. J. Eq. 237. 73 Atl. 849. If the present petition be deemed such an application, naturally an order will not be made without the taking of proofs on the question of petitioner's sanity as regards his ability to manage himself and his affairs.
The petition may, if necessary, be amended in that behalf, and the matter may be proceeded with further in the usual manner as prescribed by the rules and practice of this court.