In re Bennett
New York Supreme Court
At chambers. Petition by the Society for the Prevention of Cruelty to Children to have Elizabeth Bennett declared an habitual drunkard. The sheriff’s jury so found, and a commission was issued. Defendant procured an order to show cause why such commission should not' be vacated.
1Opinion of the CourtLawbence, J.
I am unwilling to confirm the findings of the sheriff’s jury upon the inquisition, for the reason that the alleged habitual drunkard was not served with the petition, nor represented at the inquisition by counsel; and also because she had no opportunity of appearing by counsel and presenting any defense which she may have had to the charges made against her. Those charges were of a most serious character, and the result of confirming the inquisition will be to deprive the petitioner of the control of her property, as well as of her liberty, without having been heard. A proceeding of this…
2Cases cited5 opinions
- In re PetitNew York Court of Chancery · 1830
- In re JanesNew York Supreme Court · 1866
- In re PaynNew York Supreme Court · 1852
- In re DickieNew York Supreme Court · 1879
- In re Stewart ChurchNew York County Court, Rensselaer County · 1883