Matter of Blewitt
New York Court of Appeals
Appeal from order of .the General Term of the Supreme Court in the first judicial department, made November 13, 1891, which affirmed an order made at Special Term denying the motion of James Blewitt, an alleged lunatic, to vacate and set aside a commission and proceedings in lunacy, and the appointment of a committee, on the ground that the alleged .lunatic had no notice of the proceedings and that they were •otherwise irregular.
Read the full summary
Appeal from order of .the General Term of the Supreme Court in the first judicial department, made November 13, 1891, which affirmed an order made at Special Term denying the motion of James Blewitt, an alleged lunatic, to vacate and set aside a commission and proceedings in lunacy, and the appointment of a committee, on the ground that the alleged .lunatic had no notice of the proceedings and that they were •otherwise irregular. The notice of motion was made in the alternative, demanding that the proceedings should be vacated for the want of notice and other irregularities, or that an issue…
1Opinion of the CourtAndrews, J.
The jurisdiction which formerly was vested in the chancellor over the person and estate of lunatics, is now exercised by the Supreme Court. But the Supreme Court exercises the power under the same rules as appertained to and regulated the jurisdiction of the chancellor, subject to such statutory provisions on the subject as are contained in the Code of Procedure. (Code, § 2320 et seq.) The power of the court to appoint a committee of the person and estate of a lunatic is very essential; but it should be exercised with scrupulous regard to the rights of the alleged lunatic and under the…
2Cases cited3 opinions
- Chase v. HathawayMassachusetts Supreme Judicial Court · 1817
- In re TracyNew York Court of Chancery · 1829
- In re PetitNew York Court of Chancery · 1830
3Cited by33 opinions
- Hauser v. BartowNew York Court of Appeals · 1937
- Chaloner v. ShermanSupreme Court of the United States · 1917
- In re AllenSupreme Court of Vermont · 1909
- In re Certification of CoatesNew York Court of Appeals · 1961
- Georgia Railroad Bank & Trust Co. v. Liberty National Bank & Trust Co.Supreme Court of Georgia · 1934
28 more not listed; retrieve them via the Exa API.