In re Bischoff
Appellate Division of the Supreme Court of the State of New York
Appeal from Special Term, Kings county. Application of Franklin J. Bischoff and others to vacate and set aside proceedings de lunático inquirendo against Franklin J. Bischoff. From an order (76 N. Y. Supp. 467) denying the application, the petitioners appeal. Reversed.
1Opinion of the CourtWoodward, 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 ■ opinion that, as the matter involves the personal liberty of a citizen of this state, it is proper that it should be given consideration, and that…
2Cases cited15 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
- Matter of HendersonNew York Court of Appeals · 1898
- Brennan v. . WillsonNew York Court of Appeals · 1877
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3Cited by1 opinion
- Hanson v. HansonCourt of Appeals for the Second Circuit · 1916