Legal Opinion

United States Ex Rel. Powlowec v. Day

Court of Appeals for the Second Circuit

Decided June 10, 1929No. 370PublishedCited by 11 opinions

1Opinion of the CourtL. Hand, Circuit Judge

(after stating the facts as above). This unhappy man has, so far as we can see, been long detained over nothing more than a form of words. There is no doubt that at one time he was actively deranged and that from this he has recovered. The question is whether there is any evidence that shows him to have a mental makeup which falls within the phrase used in the statute. That was intended to include those who by nature were subject to insanity of one sort or another; that is to say, whose constitution was sueh that they had not normal mental stability* When that is so, their inferiority…

2Cases cited3 opinions

  1. United States ex rel. Haft v. TodCourt of Appeals for the Second Circuit · 1924
  2. United States ex rel. Casimano v. Commissioner of ImmigrationCourt of Appeals for the Second Circuit · 1926
  3. United States ex rel. Furst v. CurranCourt of Appeals for the Second Circuit · 1926

3Cited by11 opinions

  1. Fleuti v. RosenbergCourt of Appeals for the Ninth Circuit · 1962
  2. United States Ex Rel. Fong on v. DayCourt of Appeals for the Second Circuit · 1932
  3. Fleuti v. RosenbergCourt of Appeals for the Ninth Circuit · 1962
  4. Lloyd Sabaudo Societa Anonima Per Azioni v. EltingCourt of Appeals for the Second Circuit · 1932
  5. In re United States ex rel. ObumDistrict Court, S.D. New York · 1948

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