Williams v. Empire Woolen Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Empire Woolen Company, from an order of the Supreme Court, made at the Onondaga Special Term and entered in the office of the cleric of the county of Oneida on the 4th day of February, 1896, striking out the answer of the defendant as frivolous.
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Appeal by the defendant, the Empire Woolen Company, from an order of the Supreme Court, made at the Onondaga Special Term and entered in the office of the cleric of the county of Oneida on the 4th day of February, 1896, striking out the answer of the defendant as frivolous. This action was commenced January 2, 1896. The complaint alleges that plaintiff was and is trustee of and under the last will of Ahijah J. Williams, deceased, for Jane M. B. Heath, “ which said will was duly proved and admitted to probate by the Surrogate of the'county of Oneida and State of New York, long prior to the…
1Opinion of the Court
Hardin, P. J.:
Section 55 of the Code of Civil Procedure provides as follows: “ A party to a civil action, who is of full age, may prosecute or defend the same in person or by attorney, at his election, unless he has been judicially declared to be incompetent to manage his affairs. * * *”
Section 2320 of- the Code of Civil Procedure confers upon the Supreme Court jurisdiction over the custody-of the person and the care of the property of a person incompetent to manage himself or his affairs, in consequence of lunacy, idiocy, habitual drunkenness or imbecility arising from old age or loss of…
2Cases cited3 opinions
- Brown v. . NicholsNew York Court of Appeals · 1870
- Sanford v. . SanfordNew York Court of Appeals · 1875
- Faulkner v. M'ClureNew York Supreme Court · 1820
3Cited by10 opinions
- Grant v. HumbertAppellate Division of the Supreme Court of the State of New York · 1906
- Lee v. StateNew York Court of Claims · 1946
- In re the Estate of BarcNew York Surrogate's Court · 1941
- In re the Estate of PalestineNew York Surrogate's Court · 1934
- Kent v. WestAppellate Division of the Supreme Court of the State of New York · 1897
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