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Legal Opinion

Clarke v. Dunham

New York Supreme Court

Decided April 15, 1847PublishedCited by 14 opinions

The defendant was found to be an habitual drunkard in February, 1845, and a committee was appointed to take charge of his person and estate. The plaintiff afterwards commenced this action of assumpsit by the filing and service of a declaration, obtained judgment by default, and issued execution.

1Opinion of the Court

By the Court, Bronson, Ch. J.

We do not think the proceedings irregular. The committee should apply to the court of chancery. (Robertson v. Lain, 19 Wend. 649.)

Motion denied.

2Cases cited1 opinion

  1. Robertson v. LainNew York Supreme Court · 1839

3Cited by14 opinions

  1. Grant v. HumbertAppellate Division of the Supreme Court of the State of New York · 1906
  2. Walker v. ClaySupreme Court of Alabama · 1852
  3. King v. RobinsonSupreme Judicial Court of Maine · 1851
  4. Speck v. Pullman Palace Car Co.Illinois Supreme Court · 1887
  5. Denni v. ElliottTexas Supreme Court · 1883

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