Legal Opinion

In re Doyle

Appellate Division of the Supreme Court of the State of New York

Decided March 18, 1921PublishedCited by 2 opinions

Appeal by Annie Lynam, as committee, etc., and another, from an order of the Supreme Court, made at the Kings Special Term and entered in the office of the clerk of the county of Kings on the 22d day of December, 1920, denying a motion for an order to file an oath of a commissioner in a proceeding de lunático inquirendo, as of the date it was taken.

1Opinion of the Court

Blackmar, J.:

The proceeding was begun by an order made in Bangs county on the 8th of March, 1920, appointing Frank S. Gannon, Jr., commissioner. Gannon, before filing his oath, issued a precept to the sheriff of Richmond county to summon a jury. The case came on for hearing on the sixth of April. Before any proceedings were had on the hearing, Gannon called in a notary and took the statutory oath. It appears, however, that the oath was not filed until September twenty-fourth, after the hearings were ended. The committee, Annie Lynam, applied for permission to sell real property in Richmond…

2Cases cited1 opinion

  1. Bischoff v. BischoffAppellate Division of the Supreme Court of the State of New York · 1903

3Cited by2 opinions

  1. Travelers Insurance v. Broadway West Street AssociatesDistrict Court, S.D. New York · 1995
  2. NYCTL 2011-A Trust v. Da'Jue Properties Inc.Appellate Division of the Supreme Court of the State of New York · 2015

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