Matter of Larner
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, made January 17, 1902, which reversed an order of Special Term denying a motion for the payment out of the estate of said Larner, an incompetent, of certain claims for services alleged to have been rendered in certain habeas corpus proceedings taken for the discharge of said incompetent. The facts, so far as material, are stated in the opinion.
Read the full summary
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, made January 17, 1902, which reversed an order of Special Term denying a motion for the payment out of the estate of said Larner, an incompetent, of certain claims for services alleged to have been rendered in certain habeas corpus proceedings taken for the discharge of said incompetent. The facts, so far as material, are stated in the opinion. The application was not properly made in the name of Mrs. Larner. (Carter v. Beckwith, 128 N. Y. 312.) The order of the Special Term was properly…
1Opinion of the CourtWerner, J.
We would be disposed to grant the application of counsel for the respondent for leave to apply to the Appellate Division for an amendment of the order of reversal, were it not for the necessity of sending back this proceeding for a rehearing in any event. The application by respondent’s counsel for compensation for himself and others who claim to have rendered services for the incompetent in the habeas corpus proceeding was denied at Special Term upon the ground that the said proceedings had been instituted in bad faith, or at least without authority. The Appellate Division reversed the order…
2Cited by4 opinions
- In re the Estate of BoulwareNew York Surrogate's Court · 1932
- Brauer v. LawrenceAppellate Division of the Supreme Court of the State of New York · 1914
- In re the Estate of AllenNew York Surrogate's Court · 1967
- People ex rel. Hunt v. SlocumNew York Supreme Court · 1932