Legal Opinion

In re Curtiss

Appellate Division of the Supreme Court of the State of New York

Decided November 19, 1909PublishedCited by 18 opinions

Appeal by Elmore S. Banks and another, as committee, etc., and another from an order of the Supreme Court, made at the Mew York Special Term and entered in the office of the clerk of the county of Mew York on the 28tli day of August, 1909. The statutes of Connecticut which are mentioned in the opinion may be found in chapter 20, section 237 et seq., of the General Statutes of Connecticut (Revision of 1902), as amended.

1Opinion of the Court

Scott, J.:

This is an appeal from an order vacating an order appointing a committee of the property of Julia M. Curtiss, an alleged incompetent.

The order thus vacated was entered upon notice to the alleged incompetent, for whom counsel appeared but did not oppose the granting of the order. The motion to vacate was granted upon the ground that the court had been without jurisdiction to make the order appointing the committee. That order was made under the provision of section 2326 of the Code of Civil Procedure reading as follows: “ Where the person alleged to be incompetent resides without the…

2Cases cited2 opinions

  1. Matter of ClarkNew York Court of Appeals · 1903
  2. Plant v. HarrisonNew York Supreme Court · 1902

3Cited by18 opinions

  1. Sengstack v. SengstackNew York Court of Appeals · 1958
  2. Matter of CurtissNew York Court of Appeals · 1910
  3. In re KasslerNew York Supreme Court · 1940
  4. In re CurtissAppellate Division of the Supreme Court of the State of New York · 1910
  5. Lassen v. Board of Dental ExaminersCalifornia Court of Appeal · 1914

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