People ex rel. Sullivan v. Wendel
New York Supreme Court
Application for discharge of Georgiana G. R. Wendel on writ of habeas corpus. Georgiana G. R. Wendel was adjudged to be insane and was committed to the care of her sister, Mary E. A. Wendel, for custody and treatment as insane. The order of commitment was made ex parte, by a justice of the Supreme Court, on September 5, 1900, upon the petition of John G. Wendel and upon a certificate of two physicians, all dated the day the order was made.
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Application for discharge of Georgiana G. R. Wendel on writ of habeas corpus. Georgiana G. R. Wendel was adjudged to be insane and was committed to the care of her sister, Mary E. A. Wendel, for custody and treatment as insane. The order of commitment was made ex parte, by a justice of the Supreme Court, on September 5, 1900, upon the petition of John G. Wendel and upon a certificate of two physicians, all dated the day the order was made. The certificate was accompanied by a letter from one of the physicians to the justice, stating that in the opinion of the physician he deemed service of…
1Opinion of the CourtMarean, J.
The alleged incompetent was adjudged insane and committed by a justice of the Supreme Court, pursuant to sections 61 and 62 of the Insanity Law (L. 1896, ch. 545). The adjudication was final and the commitment perpetual, subject only to be terminated by affirmative proceedings on her part, to be taken while in confinement, in which she would be required to give security for costs. There was nothing provisional or temporal about the adjudication or the commitment. Temporal and provisional restraint is provided for by section 68. She had no notice of the application, either personal or by…
2Cases cited1 opinion
- People ex rel. Ordway v. St. Saviour's SanitariumAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by5 opinions
- Matter of LambertCalifornia Supreme Court · 1901
- In re Certification of CoatesNew York Court of Appeals · 1961
- In re JamesNew York Supreme Court · 1967
- R. A. Schoenberg & Co. v. UlmanCity of New York Municipal Court · 1906
- Schoenberg & Co. v. UlmanNew York City Court · 1906