Legal Opinion

In re Benson

New York County Courts

Decided April 11, 1891PublishedCited by 3 opinions

On motion to confirm the findings of a jury in an inquisition as to the lunacy of George Benson, and to. appoint a committee of his person and property.

1Opinion of the CourtWerner, J.

A careful examination of the evidence shows that the finding of the jury is justified, and the question to be determined is whether there has been any irregularity in the proceedings which vitiates them, or which is good ground for setting aside the inquisition and ordering a new hearing. It is urged on behalf of the contestant that the admission of the testimony of Dr. Mann, who appears by an affidavit filed with these proceedings to have been the regular physician of the supposed lunatic for some time past, was *112erroneous, and that the same should have been excluded under section 834.1 I do…

2Cases cited2 opinions

  1. Squire v. HarderNew York Court of Chancery · 1829
  2. People v. FlackNew York Supreme Court · 1890

3Cited by3 opinions

  1. Matter of FarrowCourt of Appeals of North Carolina · 1979
  2. Metropolitan Life Insurance v. RyanMissouri Court of Appeals · 1943
  3. In re the Guardianship of GoldfarbNew York Supreme Court · 1994

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