The American Journal of Insanity, Volumes 36-37

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Utica State Hospital Press, 1880 - Psychiatry
 

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Page 287 - ... in every case, before the evidence is left to the jury, there is a preliminary question for the judge, not whether there Is literally no evidence, but whether there Is any upon which a jury can properly proceed to find a verdict for the party producing it, upon whom the onus of proof is imposed.
Page 266 - But no person shall be held in confinement in any such asylum for more than five days, unless within that time such certificate be approved by a judge or justice of a court of record of the county or district in which the alleged lunatic resides ; and said judge or justice may institute inquiry and take proofs as to any alleged lunacy before approving or disapproving of such certificate ; and said judge or justice may, in his discretion, call a jury in each case to determine the question of lunacy.
Page 25 - ... were intended to secure the individual from the arbitrary exercise of the powers of government, unrestrained by the established principles of private rights and distributive justice.
Page 385 - NE 935, * * * it was observed that 'delusion is Insanity, where one persistently believes supposed facts, which have no real existence, except in his perverted imagination, and against all evidence and probability, and conducts himself, however logically, upon the assumption of their existence.
Page 170 - On the subsequent day, the committee made the following report, which was unanimously adopted : — The committee, to whom was referred the request of the young gentlemen, members of the Divinity College, for advice relative to missions to the heathen, beg leave to submit the following report : — The object of missions to the heathen cannot but be regarded, by the friends of the Redeemer, as vastly interesting and important.
Page 38 - AB is a [lunatic, or an idiot, or a person of unsound mind], and a proper person to be taken charge of and detained under care and treatment, and that I have formed this opinion upon the following grounds, viz: 1.
Page 267 - It shall not be lawful for any physician to certify to the insanity of any person for the purpose of securing his commitment to an asylum, unless said physician be of reputable character, a graduate of some incorporated medical college, a permanent resident of the state, and shall have been in the actual practice of his profession for at least three years...
Page 266 - No person shall be committed to or confined as a patient in any asylum, public or private, or in any institution, home or retreat for the care and treatment of the insane, except upon the certificate of two physicians, under oath, setting forrh. the insanity of such person.
Page 181 - ... and therefore the civil law judged much more sensibly, when it made such deprivations of reason a previous impediment, though not a cause of divorce if they happened after marriage. And modern resolutions have adhered to the reason of the civil law, by determining that the marriage of a lunatic, not being in a lucid interval, was absolutely void.
Page 287 - Such a proposition is absurd, and accordingly we hold the true principle to be, that if the court is satisfied that, conceding all the inferences which the jury could justifiably draw from the testimony, the evidence is insufficient to warrant a verdict for the plaintiff, the court should say so to the jury.

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