In re Arnhout
New York Court of Chancery
Upon the application of some of the relatives of Jacob Arnhout, a commission in the nature of a writ de lunático inquirendo was issued, to inquire whether he was, by reason of habitual drunkenness, incapable of managing his own ajfgjjg. The jury summoned in the first instance could not agree in finding an inquisition in favor of such allegation, and after remaining together some time were discharged.
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Upon the application of some of the relatives of Jacob Arnhout, a commission in the nature of a writ de lunático inquirendo was issued, to inquire whether he was, by reason of habitual drunkenness, incapable of managing his own ajfgjjg. The jury summoned in the first instance could not agree in finding an inquisition in favor of such allegation, and after remaining together some time were discharged. A new commission was thereupon issued, upon which an inquisition was found against Arnhout. He now applied to set aside this inquisition for irregularity and for alleged partiality on the part of…
1Opinion of the Court
The Chancellor :—Without going into a detail of the several affidavits read on both sides in this case; and without expressing any opinion on the question whether the officer summoning the jury has acted partially, or has only mistaken his duty, I am satisfied there has been such irregularities in this case that the cause of public justice and the protection of the rights of the party against whom these proceedings have been had, require that this inquisition should be set aside. It was improper for the officer to be in the room with the jury, or to converse with them at all in relation to…
2Cases cited2 opinions
- Patterson v. United StatesSupreme Court of the United States · 1817
- Livingston v. ByrneCourt for the Trial of Impeachments and Correction of Errors · 1814
3Cited by7 opinions
- In re LofthouseAppellate Division of the Supreme Court of the State of New York · 1896
- Richards v. LeamimgIllinois Supreme Court · 1862
- Smith v. MillsIndiana Supreme Court · 1896
- In re ClappNew York Supreme Court · 1861
- In re Stewart ChurchNew York County Court, Rensselaer County · 1883
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