Legal Opinion

Seaman v. . Duryea

New York Court of Appeals

Decided September 5, 1854PublishedCited by 27 opinions

Appeal from a judgment of the supreme court, sitting in the second district. The complaint alleged that in June, 1848, at the city of New-York, the defendants wrongfully seized the plaintiff, and carried and conveyed him to the jail in the county of Orange, and there imprisoned him during a considerable space of time, and until he was discharged by an order of the supreme court. The defendants, Duryea, Booth and Welling, answered jointly, .and the defendant Mead separately.

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Appeal from a judgment of the supreme court, sitting in the second district. The complaint alleged that in June, 1848, at the city of New-York, the defendants wrongfully seized the plaintiff, and carried and conveyed him to the jail in the county of Orange, and there imprisoned him during a considerable space of time, and until he was discharged by an order of the supreme court. The defendants, Duryea, Booth and Welling, answered jointly, .and the defendant Mead separately. In each answer it was alleged, as one defense to the complaint, that the plaintiff, in 1834, was appointed by the…

1Opinion of the CourtW. F. Allen, J.

By statute, authority is conferred upon surrogates to appoint guardians for minors, to remove them, and to direct and control their conduct and to settle their accounts as provided by law. (2 R. S. 220, § 1.) By other provisions of law, guardians may, upon the arrival of their wards at full age, or upon their removal or resignation of their trust, be cited and compelled to account before the surrogate by whom they have been appointed, in the same manner as administrators; and such accounting may be had as well at the instance of the guardian as of the ward, or any relative of the ward, or a…

2Cases cited2 opinions

  1. Skidmore v. DaviesNew York Court of Chancery · 1843
  2. People v. PelhamNew York Supreme Court · 1835

3Cited by27 opinions

  1. Matter of Petition of CampNew York Court of Appeals · 1891
  2. Hyland v. . BaxterNew York Court of Appeals · 1885
  3. In Re the Judicial Settlement of the Accounts of HawleyNew York Court of Appeals · 1887
  4. State ex rel. Warfield v. BechtSupreme Court of Minnesota · 1877
  5. Matter of Watson v. . NelsonNew York Court of Appeals · 1877

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