In re Stewart Church
New York County Court, Rensselaer County
Or the petition of one of the relatives of Stewart Church, accompanied by affidavits, in compliance with section 2325 of the Code of Civil Procedure, an order was granted by this court, directing that a commission issue to a person therein named for the purpose of causing inquiry to be made, pursuant to sections 2328, &c., concerning, among other things, the alleged lunacy of said Church.
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Or the petition of one of the relatives of Stewart Church, accompanied by affidavits, in compliance with section 2325 of the Code of Civil Procedure, an order was granted by this court, directing that a commission issue to a person therein named for the purpose of causing inquiry to be made, pursuant to sections 2328, &c., concerning, among other things, the alleged lunacy of said Church. A jury was accordingly duly summoned, impanneled and sworn and the inquiry proceeded with before them. Both the petitioner and the alleged lunatic appeared by counsel, and witnesses were produced and…
1Opinion of the CourtFursman, J.
Proceedings instituted for the purpose of inquiring as to the sanity of a citizen, and which may and often do result in depriving him of the control of his property, and even of his liberty, are of such grave importance as to require the careful scrutiny of the court, to ascertain whether any errors have been committed which may have worked injustice to the supposed lunatic. The practice is to present to the court a verified petition, accompanied by affidavits alleging the incompetency, by reason of unsoundness of mind, to manage his affairs, of the person concerning whose sanity an…
2Cases cited6 opinions
- The People v. . CookNew York Court of Appeals · 1853
- Huntington v. ConkeyNew York Supreme Court · 1860
- In re ArnhoutNew York Court of Chancery · 1829
- Scott v. HullSupreme Court of Connecticut · 1830
- Penhryn Slate Co. v. MeyerNew York Court of Common Pleas · 1878
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- In re BennettNew York Supreme Court · 1889