Eddy v. People ex rel. Eddy
Illinois Supreme Court
On the eighth day of February, 1853, Sarah Eddy, Charles V. Dyer, and B. W. Lyon, filed, in the Cook county Court of Common Pleas, M. Skinner presiding, an application, stating that Ira B. Eddy had estate real and personal, and requesting that a jury might be ordered to ascertain whether said Eddy was a lunatic or distracted person. A jury was ordered, which found said Eddy to be an insane person.
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On the eighth day of February, 1853, Sarah Eddy, Charles V. Dyer, and B. W. Lyon, filed, in the Cook county Court of Common Pleas, M. Skinner presiding, an application, stating that Ira B. Eddy had estate real and personal, and requesting that a jury might be ordered to ascertain whether said Eddy was a lunatic or distracted person. A jury was ordered, which found said Eddy to be an insane person. The court having heard the evidence, determined that the estate of Eddy was of the value of $40,000, and appointed Devotion C. Eddy conservator of the estate, and ordered that a bond should be given…
1Opinion of the CourtCaton, J.
We shall confine our discussion in this case to the question of notice. The statute provides that whenever a lunatic has any estate, the judge of the circuit court of the county in which such lunatic lives, shall, on the application of any creditor or relative of the lunatic, order a jury to be summoned to inquire whether such person be lunatic, and if the jury shall so find, the judge shall appoint a conservator, &c. The statute is silent upon the subject of notice, and the question is, whether it is regular to proceed without notice to the supposed lunatic. We are clearly of opinion that…
2Cited by29 opinions
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