Bischoff v. Bischoff
Appellate Division of the Supreme Court of the State of New York
Appeal by the petitioners, Franklin J. Bischoff and others, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 19th day of November, 1902, denying their motion to vacate and set aside proceedings de lunático inquirendo.
1Opinion of the Court
Woodward, J.:
The question presented here is whether the proceedings leading up to the order of the Special Term, dated February 8, 1898, confirming the verdict of a jury convened to try the question of the mental condition of Franklin J. Bischoff, were so far irregular or void as to justify the Special Term in vacating and setting aside the order; and, while many of the questions might better have been raised by an appeal from the original order, we are of the opinion that, as the matter involves the personal liberty of a citizen of this State, it is proper that it should be given…
2Cases cited9 opinions
- Merritt v. . Village of PortchesterNew York Court of Appeals · 1877
- O'Donoghue v. . BoiesNew York Court of Appeals · 1899
- In Matter of City of BuffaloNew York Court of Appeals · 1879
- Brennan v. . WillsonNew York Court of Appeals · 1877
- Matter of Peck v. . CargillNew York Court of Appeals · 1901
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3Cited by5 opinions
- Hanson v. HansonCourt of Appeals for the Second Circuit · 1916
- In re DoyleAppellate Division of the Supreme Court of the State of New York · 1921
- Boschen v. StockwellAppellate Division of the Supreme Court of the State of New York · 1916
- In re the Application for the Appointment of a Committee of the Person & Property of FrankAppellate Division of the Supreme Court of the State of New York · 1939
- In re the Appointment of a Committee of the Person & Property of RoeAppellate Division of the Supreme Court of the State of New York · 1968